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deny migrants certain advantages and also apply rules on job security that differ from those
applied to nationals; sometimes they are excluded from the regulations on working conditions
and denied the right to take part in trade union activities. The ILO Migrant Workers
(Supplementary Provisions) Convention, 1975 (No. 143) deals, in its part I, with migrations in
abusive conditions and, in its part II, with equality of opportunity and treatment.
52.
The incorporation of this complex set of issues into international standards is one of the
features of the International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families, which has been ratified by 12 countries.
53.
As regards the children of migrants, there is resistance in some States to registering or
enrolling the children of immigrants in school for fear that the general educational level will fall.
In dealing with this issue, it should be remembered that those children have to adapt to different
customs and languages, unless special measures are taken to help them overcome their
difficulties.
54.
In many countries, there are laws and practices that discriminate against foreigners
seeking work in a country that is not their own. The granting of visas on the basis of the
applicant’s country or continent of origin and labour market regulations based on discriminatory
criteria, together with xenophobia in the name of national security, nationalism or national
preferences, are some of the most common realities that migrant workers have to live with and
that give the Special Rapporteur cause for concern.
B. Violence against women migrant workers
55.
The Special Rapporteur believes it is very important to tackle the problem of violence
against women migrant workers as a vulnerable group.
56.
Due to their double marginalization as women and as migrants, women migrant workers
may easily find themselves in situations in which they are vulnerable to violence and abuse, both
at home and at work (see E/CN.4/1998/74/Add.1). Women migrant workers dominate the
informal labour market of most countries, working as domestic, industrial or agricultural labour
or in the service sector. When women, most of whom are heads of household, find themselves in
social circumstances that make it difficult for them to find paid work, they are forced to migrate.
The way in which gender roles are traditionally established and the fact that men often do not
share the domestic chores, particularly looking after children on a daily basis, make it even more
difficult for women to develop personally and professionally. That situation often discourages
women from staying in their families and/or places of origin. Migrant women, like many other
women who do not migrate but who work outside the home, often leave their children in the care
of family members or someone else. In many cases, particularly when the father is mostly or
completely absent, this leads to the loss of sources of affection and to family breakdown. Both
women who have been the victims of trafficking and those who migrate voluntarily may end up
in situations of exploitation, violence and abuse, all of which have their origin in a situation like
the one described above. The exchange of sexual favours for permission to transit, which is
common practice on some frontiers, is also a form of gender-based harassment to which migrant
women are often subjected.