A/HRC/41/38
G.
Specific human rights concerns related to migrant women
1.
Access to decent work and social protection
59.
The intersection of gender norms and market economies has diverse consequences
for migrant women. Migrant women who are working in unskilled, undervalued and lower
paid sectors, often as domestic workers or caregivers, are in spaces that are difficult to
regulate, such as private homes. In 2013, it was estimated that around 75 per cent of the
11.5 million domestic workers worldwide were women and girls. Despite the fact that there
is a high demand for domestic workers in many countries, the job is less socially valued
than other types of work, which is reflected in the lower pay, fewer labour regulations and a
lack of social protection.
2.
Migration and access to health care, including sexual and reproductive health, and
education
60.
Migrant women and girls often do not have reliable access to health care or
reproductive health-care services in transit and destination countries. Their lack of access is
due to factors such as the lack of information or health-related education, isolation, or the
inability to gain access to services based on legal status, for fear of deportation or other
repercussions, particularly for migrants in irregular situations. The Special Rapporteur has
affirmed on numerous occasions that States should ensure that there is a strict separation
(“firewall” protections) between public services and immigration authorities, allowing
migrants to exercise and enjoy their rights without fear of being reported to the immigration
authorities (see A/73/178/Rev.1).
61.
As asserted by the Committee on Economic, Social and Cultural Rights in its
general comment No. 22 (2016) on the right to sexual and reproductive health, the right to
sexual and reproductive health is an integral part of the right to health enshrined in article
12 of the International Covenant on Economic, Social and Cultural Rights. The Committee
recognizes that the right to sexual and reproductive health is indivisible from and
interdependent with other human rights, while it is also affected by the social inequalities in
society and unequal distribution of power based on gender, ethnic origin, age, disability and
other factors. The Committee emphasizes that migrants may be disproportionately affected
by intersectional discrimination in the context of sexual and reproductive health. States are
therefore obliged to take particular steps to ensure that migrants have access to sexual and
reproductive health information, goods and services, and to ensure that individuals are not
subjected to harassment for exercising their right to sexual and reproductive health. 65
62.
Migrant women may acquire HIV while in transit or in their country of destination
and are often particularly vulnerable to the virus owing to their status as a migrant. Reports
have shown that migrant women in transit may be forced to engage in transactional sex to
facilitate their border crossing. 66 Migrant women, especially those employed in lower
skilled jobs such as domestic service work, often have limited access to preventive
reproductive and sexual health services, gynaecological and obstetric care and antiretroviral
therapy, because of their migration status and lack of access to insurance or national health
schemes (A/HRC/32/44, para. 51).
63.
Research has also demonstrated that migrant women seek less antenatal care than
non-migrant women, even when their economic and socioeconomic background is similar.
That is particularly the case when their status in a given country is unclear, or when they
feel that local policies and social attitudes towards them are hostile. 67 In some countries,
migrant women face discrimination based on pregnancy or their maternity status. They may
be subjected to mandatory pregnancy tests upon arrival; if the test is positive, they are
dismissed and/or deported. That fear, together with the fear of losing their job, may lead
pregnant migrant women to try and terminate their pregnancy, sometimes using dangerous
65
66
67
See UNFPA, State of World Population 2006.
Joint United Nations Programme on HIV/AIDS, The Gap Report (Geneva, 2014), p. 165.
See Manuel Carballo, “Female migrants, reproductive health, HIV/AIDS and the rise of women”
(2006).
15