A/HRC/41/38
23.
In its general comment No. 1 (2011) on domestic migrant workers, the Committee
on the Protection of the Rights of All Migrant Workers and Members of Their Families
comprehensively addressed violations of social, economic, cultural, civil, political and
labour rights. It called for the promotion and protection of the rights of domestic workers at
all stages, decent work for them, and proper regulation of that work in national labour
legislation, so as to ensure that domestic workers enjoy the same level of protection as other
workers and have effective access to justice and remedies.
24.
The right of everyone to the enjoyment of just and favourable conditions of work is
recognized in the International Covenant on Economic, Social and Cultural Rights and
other international and regional human rights treaties, and in other relevant international
legal instruments, including conventions and recommendations of the International Labour
Organization (ILO). That right is an important component of other labour rights enshrined
in the Covenant and the corollary of the right to work as freely chosen and accepted,
contained in article 23 of the Universal Declaration of Human Rights.
C.
1.
Other relevant intergovernmental agreements and initiatives
2030 Agenda for Sustainable Development
25.
The 2030 Agenda for Sustainable Development is grounded in international human
rights law. Its 17 Sustainable Development Goals have the aim of realizing the human
rights of all persons, while Goal 5 has an emphasis on gender equality and the
empowerment of all women and girls. Achieving Goal 5, that is, achieving gender equality,
will make a crucial contribution to progress across all the Goals and their targets, including
Goal 8 to promote economic growth and decent work for all, and Goal 10 to reduce
inequality within and among countries, and particularly target 10.7 to facilitate orderly,
safe, regular and responsible migration and mobility of people.
2.
New York Declaration for Refugees and Migrants and the Global Compact for Safe,
Orderly and Regular Migration
26.
In paragraphs 23 and 31 of the New York Declaration for Refugees and Migrants,
the General Assembly recognized the specific vulnerabilities of women on the move and
expressed its commitment to ensure that responses mainstream a gender perspective,
promote gender equality and the empowerment of all women and girls, and respect and
protect their rights. It also recognized, in paragraph 31, the significant contribution and
leadership of women in refugee and migrant communities, and committed to ensuring
women’s full and meaningful participation in the development of local solutions.
27.
Set in motion by the adoption of the New York Declaration, a process of
intergovernmental consultations and negotiations on migration concluded with the adoption
of the Global Compact for Migration. Gender responsiveness is established in the Compact
as one of its guiding principles. States are called upon to ensure that the human rights of
women, men, girls and boys are respected at all stages of migration, their specific needs are
properly understood and addressed, and they are empowered as agents of change. Under the
Compact, a gender perspective is mainstreamed, and gender equality and the empowerment
of all women and girls is promoted, with recognition of “their independence, agency and
leadership in order to move away from addressing migrant women primarily through a lens
of victimhood”.
3.
Bilateral and multilateral agreements and initiatives
28.
While the Special Rapporteur does not analyse the compliance of bilateral and
multilateral agreements or initiatives with international human rights standards in the
present report, he recognizes that such agreements and initiatives are important spaces for
intergovernmental exchange relating to gender and migration. Several regional,
transregional and international forums have the aim of addressing specific issues relating to
gender and migration, such as the Colombo Process, the Abu Dhabi Dialogue, the Addis
Ababa Action Agenda of the Third International Conference on Financing for
Development, the Ibero-American Forum on Migration and Development and the Global
7