A/74/191 single migrant women with children can also result in the children being left without support or care, thus endangering their well-being. 101 8. Restrictions on the freedom of movement 96. The freedom of movement of migrant women and girls has suffered several setbacks in a number of countries where the share and number of migrant women taken into custody at the border has been on the rise. 97. As a result, it is reported that migrant women who are in irre gular situations within those countries have been less willing to walk their children to school or to take them for doctor’s visits as they worry they could be detained while performing otherwise routine activities. 9. Discrimination with an impact on labour rights 98. Challenges in rooting out discrimination against migrant workers, including migrant women, persists in a number of countries. One area where discrimination remains very evident is the requirement for mandatory HIV testing still in place in many countries. 102 Even in cases when countries of origin prohibit mandatory HIV testing, migrant workers may continue to be obliged to take such tests in order to gain access job opportunities in countries of destination. 103 99. Mandatory testing is particularly problematic when it comes to women migrant workers. In many cases, because of the mandatory HIV testing, migrant women who are HIV positive will simply be passed over for many jobs and may be forced to work in the commercial sex industry. 102 100. Discrimination in employment continues to take place against migrant women because of their dual status as migrants and as women. Female migrant workers who are discovered to be pregnant have been discriminated against by being forced to leave their jobs against their will because of pregnancy, child birth and marriage.” 104 Furthermore, women migrant workers with seasonal contracts may not report abuse in order not to lose the chance of re-employment in the following season. 105 10. Decreased protection of rights and protection from all forms of violence, exploitation and abuse 101. Sexual violence and specific forms of harm disproportionately affecting women, such as trafficking for sexual exploitation and female genital mutilation, are not always regarded as persecution, giving rise to justifiable asylum claims. 106 Moreover, sexual and gender-based violence against men and boys is often ignored. 102. In addition, when migrant women and girls are in irregular status they are less likely to report that they or members of their family have been subjected to violence __________________ 101 102 103 104 105 106 20/24 Michelle Brané and Lee Wang, “Women: the invisible detainees”, Forced Migration Review, September 2013, https://www.fmreview.org/sites/fmr/files/FMRdownloads/en/detention/brane wang.pdf, pp. 37–38. At a 2003 conference on migrant labour practices in Asia, an ILO specialist expressed alarm that mandatory HIV testing was prescribed in 60 countries as a condition for hiring and re -hiring, and classifying migrants as a high risk group (Marwan Macan-Markar, “HIV Testing of Migrant Workers Fuels Pandemic”, 2 July 2003). Maria Amparita, “An analysis of the Philippine legal and policy frameworks”, p. 24. See submission of the Solidarity Network with Migrants, Japan, p. 1. See submission of the Women’s Link Worldwide. Gender Equality Commission, Protecting the rights of migrant, refugee and asylum-seeking women and girls, Strasbourg, 2018 (preliminary draft factsheet available at: https://rm.coe.int/gec-2018-12-protecting-the-rights-of-migrant-and-refugee-asylumseekin/16808fde22). 19-12287

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