A/74/191
as they fear detention and deportation. It is evident that when States fail to consider
the lived experiences of migrant women and do not apply an intersectional analysis,
migrant women face significant barriers when trying to report gender-based abuse. 107
In other situations, making the acquisition of a regular migratory status dependent on
cooperation with law enforcement or government officials also reduces the ability of
migrant women and girls to ask for and acquire protection. This lack of a firewall
results in a significant underreporting of violence against migrants. 108
103. Migrant women and girls continue to be exploited economically in a number of
countries. The failure to protect migrant women stems primarily from the continued
resistance in certain sectors to recognize them as workers with rights. They are
therefore excluded from key protections granted under the law for other workers.
Instead, in a number of countries, the primary mechanism for outlining the obligations
of employers and the rights of workers are contractual arrangements. Under such
conditions, migrant domestic workers, many of whom are women, may be confronted
with a hostile network of regulations and find themselves in a situation where their
dependency on their “sponsor” makes them particularly vulnerable to arrest and
deportation. 109,110
IV. Conclusions and recommendations
104. Under international law, strengthening the gender-responsive approach in
migration governance is a responsibility of States, notwithstanding the fact that
a multi-stakeholder approach is necessary to protect the rights of all migrants,
including migrant women and girls. This is reflected in the Global Compact for
Safe, Orderly and Regular Migration, which advocates a whole-of-society
approach that includes migrants, the diaspora of migratory populations, local
communities, civil society, academia, the private sector, parliamentarians, trade
unions, national human rights institutions, the media and govern ments.
105. An overview of the information provided by States and other relevant
stakeholders demonstrates that many States have taken measures to protect and
promote the rights of migrant women and girls. However, in many countries
these measures are quite recent, and thus special efforts to ensure their
implementation and effectiveness are required. Gender responsiveness in
national migration governance is best achieved when situated within larger
overall human rights-based and gender-responsive policies and commitments
towards the achievement of gender equality.
106. Regarding the human rights frameworks: in a number of countries such
frameworks are applicable to all persons present on national territory, or that
fall under State jurisdiction, regardless as to whether they are nationals or not.
These States tend to emphasize gender equality and non-discrimination, as well
as to protect migrant women and girls against gender-based violence. Other
States have legislation that explicitly incorporates the concept of gender
responsiveness or variations of the concept. Some also require government
__________________
107
108
109
110
19-12287
See submission of Women’s Link Worldwide.
See submission of the Platform for International Cooperation on Undocumented Migrants.
Global Detention Project, Lebanon Immigration Detention (https://www.globaldetentionproject.org/
countries/middle-east/lebanon).
See submission of UN-Women: the Entity’s Asia-Pacific Regional Office has developed a useful
toolkit with comprehensive guidance for the protection and promotion of the human rights of
migrant women (http://asiapacific.unwomen.org/en/digital-library/publications/2019/03/
empowering-women-migrant-workers-from-south-asia#view).
21/24