A/78/180
III. Protection of the labour and human rights of migrant workers
A.
Introduction
11. Globally, there are 281 million migrants worldwide, 2 including approximately
99 million male migrant workers (58.5 per cent) and 70 million women migrant workers
(41.5 per cent). 3 Approximately 73 per cent of all domestic workers are migrant women,
representing nearly 12.7 per cent of all women migrant workers. 4 Migrants, regardless
of status, have contributed an estimated $702 billion in remittances in 2020, 5 alongside
significant unmeasured contributions to societies through their work and participation in
communities around the globe. Migrant labour has been central to the growth of the
global economy. However, the human and social development returns of such
contributions may be undermined if migrants are working in precarious or unsafe
conditions that can have long-term consequences for their health and well-being.
12. Longstanding structural drivers of migration for the purposes of work, such as
inequality and lack of economic opportunity, remain persistent alongside new drivers
such as climate change. As the realities of work are changing, the growing
flexibilization, contractualization and digitalization of labour are leading to more
“temporariness” in both work and migration. Migrant workers are disproportionately
impacted by such changes, with many experiencing unsafe work, exploitation,
insecurity, violence and abuse, with often deleterious consequences for their physical
and mental health. Particular groups of migrant workers face elevated risks, including
women, LGBTIQ+ persons, migrants with irregular status, temporary labour migrants
and other marginalized populations. Often there are multiple cross -cutting and
intersecting forms of discrimination that further heighten exposure to labour and
human rights violations. Across all stages of migration – in countries of origin, transit
and destination – all migrants, regardless of status or citizenship, must have
non- discriminatory access to productive, decent work in condit ions of freedom,
equity, security and human dignity. This requires fair income, pathways to secure
employment and migration, safe working conditions with freedom to express
concerns and to associate, as well as equal treatment before the law, and access to
health care and social protection for workers and their families.
B.
International legal instruments and policy frameworks on human
and labour rights of migrant workers
13. Under the Universal Declaration of Human Rights, the inherent right to life with
freedom from discrimination, access to health and the safety and security of the
individual have been enshrined. These rights are further codified under the
International Covenant on Civil and Political Rights, in conjunction with the
International Covenant on Economic, Social and Cultural Rights. They apply to all
migrants, regardless of legal or migration status, including the right to an adequate
standard of living, health, personal integrity and freedom of movement.
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3
4
5
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Marie McAuliffe and Anna Triandafyllidou (eds.), World Migration Report 2022 (International
Organization for Migration (IOM), Geneva, 2021).
International Labour Organization (ILO), ILO Global Estimates on International Migrant
Workers: Results and Methodology, 3rd edition (Geneva, 2021). Available at
www.ilo.org/global/topics/labour-migration/publications/WCMS_808935/lang--en/index.htm.
ILO, ILO Global Estimates on Migrant Workers: Results and Methodology – Special focus on
migrant domestic workers. Available at www.ilo.org/global/topics/labourmigration/publications/WCMS_436343/lang--en/index.htm.
McAuliffe, World Migration Report 2022.
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