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limited access to justice, since they are not always eligible for free legal aid and, in
some countries, they may lose their jobs for reporting harassment or abuse. The
Committee therefore recommends training and awareness-raising programmes
concerning the rights of women workers for State employees.
66. In the African system, the rights of women to justice and equal protection under
the law are protected under article 8 of the Protocol to the African Charter on Human
and Peoples’ Rights on the Rights of Women in Africa, according to which States
parties must ensure that women have effective access to judicial and legal services,
including legal aid, and must support initiatives directed at providing women with
access to legal services, including legal aid.
67. With regard to access to justice for women who are victims of sexual or genderbased violence, in accordance with the Inter-American Convention on the Prevention,
Punishment and Eradication of Violence against Women (Convention of Belém do
Pará), States must establish fair and effective legal procedures and ensure effective
access to such procedures (art. 7). The Inter-American Court of Human Rights has
identified undue delays in investigations and judicial inefficiencies in connection with
cases of gender-based violence as obstacles to access to justice. 70 Migrant women
face similar obstacles, given the protracted nature of administrative immigration
procedures and the gender-based violence they experience in countries of origin,
transit and destination.
68. Migrant women who are victims of trafficking often prefer to move on rather
than seek justice to avoid the accompanying social stigma, being labelled as victims
and the possibility of being traumatized anew. Women caught in the cycle of social
stigma are seen not only as victims but also as having violated the community’s moral
code regardless of the path they choose, which is why women would often rather
pretend that nothing happened and not seek redress. Consequently, one of the
challenges faced by NGOs and other stakeholders that help migrant women who are
victims of trafficking is convincing them that they have experienced a violation of
their human rights and are entitled to redress. 71
69. In the case of migrant women who are employed by diplomatic staff as domestic
workers, the power imbalance makes them more vulnerable to exploitation and makes
it harder for them to gain access to justice. In some countries, the Ministry of Foreign
Affairs and NGOs have worked together to facilitate mediation. Employer
participation in such mediation is voluntary, however, and authorities are reluctant to
employ effective means of compelling them to take part. In that connection, the
Committee on the Protection of the Rights of All Migrant Workers and Members of
Their Families has recommended that States designate an ombudsperson for domestic
workers to help them have access to redress mechanisms. Furthermore, the Committee
encourages States to adopt time-bound or expedited legal proceedings to address
complaints submitted by migrant domestic workers, and to conclude bilateral
agreements to ensure that migrants have access to justice in their country of
employment upon their return to their country of origin, particularly when reporting
abuse or claiming unpaid wages and benefits. 72 One example of good practice is the
bilateral agreement concluded between Mauritania and Saudi Arabia designed to
protect Mauritanian migrant women workers in Saudi Arabia, which allows workers
and employers alike to bring labour disputes to the attention of the competent
authorities. 73
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70
71
72
73
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Inter-American Court of Human Rights, Annual Report 2009 and Annual Report 2014.
Submission by Global Alliance Against Traffic in Women.
See general comment No. 1 (2011) on migrant domestic workers.
Submission by IOM.
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