A/HRC/26/35
and the worst forms of child labour. Information available to the Special Rapporteur
indicates that recruitment agencies sometimes recruit children and provide them with
forged passports, falsely indicating that they are above 18 years of age. A case brought to
the Special Rapporteur’s attention concerned a migrant domestic worker reportedly aged
17, although her passport stated that she was older. She was charged with murder for the
death of a baby in her care, and was later executed by beheading. Migrant children,
particularly those who are unaccompanied, are also vulnerable to trafficking. While boys
are most vulnerable to becoming victims of trafficking for labour exploitation and forced
labour, girls are most vulnerable to trafficking for sexual exploitation and sexual slavery.
The lack of community relations and parental oversight of unaccompanied migrant children
renders them more vulnerable to abuse and exploitation than local child labourers. They
suffer from more maltreatment in the workplace and are generally worse off in terms of
working conditions compared to local children. Migrant child labourers are among the least
visible and least politically empowered of workers, meaning that employers have no
incentive to provide them with proper working and living conditions. This lack of legal
protection also generally translates to lower levels of health and education for migrant
children.
5.
Migrants in an irregular situation
57.
The fact that a migrant is in an irregular situation does not deprive him/her of human
rights protection. The human rights treaties, including the eight ILO Fundamental
Conventions, apply to everyone, without discrimination. However, irregular migrants are
frequently victims of labour exploitation. Due to their precarious situation, they often
accept working for lower wages than regular migrants and nationals, and in dirty, difficult
and dangerous conditions. Additionally, they regularly have difficult access to social
services and health care, and live in constant fear of being detected, arrested, detained and
deported, if they seek to improve their working conditions. Fear of drawing attention to
their immigration status thus prevents many irregular migrants from organizing and from
seeking protection from the authorities for their rights as workers, including in case of nonpayment or late payment of their salaries, or implementation of health and safety
regulations. Irregular migrants are also vulnerable to abuse and corruption. For instance, the
Special Rapporteur has met with irregular migrants who reported having been detained and
subsequently released when they paid the police a bribe.
58.
States have the power to refuse to give irregular migrants access to their labour
market. But as long as such migrants are in fact working, they are entitled to equal
conditions of work, based on the principle of equality and non-discrimination. The Special
Rapporteur has received information concerning legislation which prohibits irregular
migrants from entering into business transactions with the State, including renewing
business permits, and irregular immigrants have thus been forced to close their businesses.
The same law provides that courts shall not enforce contracts in which one of the parties is
known to be in an irregular situation, and as a result, employers have refused to pay their
employees, claiming that they have no right to be paid under the new law. As provided by
the International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families (article 25.3), employers shall not be relieved of any legal or
contractual obligations, nor shall their obligations be limited in any manner by reason of
any irregularity in the stay or employment of migrant workers. The Special Rapporteur is of
the opinion that, rather than seeking to apprehend irregular migrants who are working,
States should spend more efforts targeting the employers who take advantage of, and often
exploit, irregular migrants: this would have the beneficial effect of reducing the
underground labour markets that attract irregular migration. The Special Rapporteur further
believes that regularization is the most effective measure to address the extreme
vulnerability of many irregular migrants, particularly for migrants who have lived in a
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