A/HRC/26/35
3.
Migrant women
53.
Migrant women risk being the victims of multiple discrimination, both as women
and as migrants. Migrant women tend to be employed in the shadow economy and in less
skilled work than men, even though some are better qualified. They are generally more
dependent on their employers, which puts them at greater risk of abuse and exploitation.
Some countries set a minimum age for women to migrate, or ban low-skilled women from
migrating, inter alia for domestic work. While this may be done with the intention of
protecting women from abuse, this practice is not only discriminatory, it often leads women
to resort to irregular migration, rendering them more vulnerable to abuse, which includes
precarious working conditions, low pay and exposure to violence and forced labour. The
Special Rapporteur has received information concerning requirements in some countries
that women must obtain consent from their husband or legal guardian to migrate, and that
they must indicate who will take care of their children while they are abroad. Such
requirements do not seem to be in place for men.
54.
Migrant women also face discrimination due to pregnancy. Some countries subject
women migrants to mandatory testing, and women who are pregnant risk losing their
residence and work permits. The Special Rapporteur has received allegations concerning
proposed regulations to deport pregnant migrant workers, which may in turn compel these
women to seek unsafe abortions as their only option to stay employed, exposing them to
serious health risks, including risk of death. Migrant women are also at risk of gender-based
violence, particularly those who work as domestic workers. The Special Rapporteur has
met with several women domestic workers who were victims of sexual harassment and
abuse. Those who become pregnant as a result of rape seek to have unsafe abortions or
abandon their babies in order to avoid being stigmatized upon their return to their home
countries, where they may already have a husband and children. Migrant women who are
sponsored by their husband, and whose residence status depends on him, are vulnerable to
domestic violence. During one of his visits, the Special Rapporteur met with a migrant
woman who ran away from an abusive husband, and he then proceeded to cancel her
residence permit. Some women who migrate to work as domestic workers are deceived by
their recruiters and end up in forced prostitution, amounting to trafficking for the purpose of
sexual exploitation.
4.
Migrant children
55.
A high proportion of child labourers in agriculture, domestic and different types of
informal work, as well as in commercial sexual exploitation, are migrants. Frequent
restrictions in access to educational services often leave migrant children with no choice but
to work. Child labour in the informal economy includes petty trading, begging, portering,
etc. Protection against exploitation is frequently lacking due to insufficient regulation and
monitoring, as activities in the informal economy are not always categorized as work.
During one of his country visits, the Special Rapporteur was informed of seasonal
movements of children to neighbouring countries for begging and other forms of forced
labour. He heard about children as young as seven leaving their country on short-term
migration to beg, collect cans and pick tomatoes, and perform other types of agricultural
work abroad. Migrant children who are domestic workers are at particular risk of abuse due
to their young age and isolation from their families, and dependence on their employers.
Migrant children who work as domestic workers or who live and work in factories and
sweatshops are sometimes confined to the premises of the employer where they face further
physical, psychological and sexual abuse.
56.
Migrant children are more vulnerable to abuse and injuries than adult migrants. The
frequent lack of distinction between adult and child migrants renders children vulnerable to
rights violations, including in relation to the minimum age for admission to employment
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