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