A/59/377
Rapporteur wishes to thank the Mexican National Institute for Migration (INM) for
its invitation to take part in a working meeting to be held in January 2005 to review
actions taken by INM on the recommendations contained in document
E/CN.4/2003/85/Add.2.
2.
Case studies
10. In all her work, as mandated by the Commission on Human Rights, the Special
Rapporteur takes into account a gender perspective when analysing information
received and pays special attention to cases of discrimination and violence against
women. She also considers it essential to take account of the composition and
source of migration flows in order to better protect the human rights of migrants,
given the risks and abuses they may face during the migration process.
11. The report presented by the Special Rapporteur to the Commission on Human
Rights at its sixtieth session (E/CN.4/2004/76) focused on the living, working and
employment conditions of migrant workers employed in domestic service. In the
Special Rapporteur’s view, the situation of this group illustrates three of the most
important challenges of international migration in modern times: first, the extent
and feminization of migration. What is new about these movements is no longer
their magnitude so much as the increase in the number of countries of origin and the
high proportion of women involved, particularly in certain Asian countries; second,
the difficulty of obtaining recognition of the human rights of immigrants,
particularly those with irregular administrative status; and lastly, the need for rightsbased migration management.
12. Using the broad definition of the tasks involved in domestic service developed
by the International Labour Organization (ILO),3 the Special Rapporteur analysed in
her report the treatment of female migrant workers employed in this sector in the
light of the principal international human rights instruments and the legal
framework developed by ILO in this area. The Special Rapporteur observes again in
her report that, even when there exists a range of basic human rights norms that are
applicable to non-citizens, the reality that immigrant women — particularly those in
domestic service — face is a far cry from what is laid down in international law.
Women employed in domestic service must accept abusive clauses in their contracts,
are lured into debt by recruitment agencies, have their documents withheld and, in
many cases, are subjected to ill-treatment and sexual violence by their employers.
The Special Rapporteur describes how many women selected by recruitment
agencies end up as victims of trafficking and, consequently, of labour exploitation
which may involve conditions that are tantamount to servitude or forced labour. In
the Special Rapporteur’s view, the reason for the abuse and discrimination suffered
by these women is their triple status as women, immigrants and, in many cases, as
undocumented persons.
13.
In her report the Special Rapporteur encourages States which admit such
workers under a sponsorship and special visa system to review their legislation and
ensure that the workers’ status does not depend directly on the employment
relationship with a given employer, since such dependent status leaves these women
without protection and even leads them to remain silent about abuses for fear of
being dismissed and/or repatriated.
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