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

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