A/HRC/14/30/Add.3
could be considered as adults throughout the application process and detained on this basis.
Furthermore “the lack of available information about the range of children involved [in
asylum-seeking] raises considerable concern about safeguarding arrangements”.44
D.
The protection of migrant domestic workers
57.
Reports suggest that approximately 17,000 visas are granted yearly to domestic
workers, the vast majority of whom are women from non-European Union countries
accompanying their employers and employed to undertake a range of activities in private
households, including housekeeping and care work. These workers come from a variety of
countries such as India, Indonesia, the Philippines and Sri Lanka, while their employers are
mainly Middle Eastern, Indian or British nationals.45
58.
Regular migrant domestic workers enjoy employment law protection, including the
right to the national minimum wage, adequate rest breaks, remunerated holidays and
maternity-related rights, including leave. Information received suggests that challenges
remain in the monitoring of living and working conditions, as the workplace of domestic
workers is the home of their employers.
59.
Stakeholders drew the Special Rapporteur’s attention to reports documenting a wide
range of abuses encountered by migrant domestic workers in their workplaces, including
poor working and living conditions, psychological and physical abuse, forced labour,
sexual aggression, withholding of identity and travel documents, low or no wages and
excessive working hours sometimes without meal or rest breaks. Allegations of threats and
intimidation or physical violence and threats not to renew the workers’ visa, to have the
worker deported, to make spurious allegations to the police about a domestic worker
stealing or to throw domestic workers out onto the streets were also mentioned during the
visit.
60.
The Special Rapporteur notes with appreciation that the right to change employer
has been instrumental in facilitating the escape of migrant domestic workers from
exploitative and abusive situations. This is because they know they can receive support and
assistance and still seek work with another employer without facing the risk of being
removed from the United Kingdom.
61.
The Special Rapporteur welcomes the decision of the Government to continue this
visa scheme for migrant domestic workers for at least two years, notwithstanding the
introduction of the points-based system for nationals who apply to work in the United
Kingdom from outside the European Economic Area. As highlighted by certain
stakeholders and the Home Affairs Committee, migrant domestic workers warrant the
special status afforded by the current scheme, so that they have access to labour rights
recognized as for all workers and may change employers in case of abuse or exploitation.
62.
According to information received, migrant domestic workers who accompany
diplomats to the United Kingdom encounter the same level of abuse and exploitation as
those suffered by migrant domestic workers who work for other employers. However,
migrant domestic workers who accompany diplomats are currently not able to change
employers outside of the diplomatic mission with which they came. This situation places
them in a more vulnerable situation; hence they often feel unable to leave exploitative and
44
45
GE.10-12095
See David Behan and others, “Safeguarding Children: The Second Joint Chief Inspector’s Report on
Arrangements to Safeguard Children”, 2005, p. 71.
See Vanina Wittenberg, The New Bonded Labour? The impact of proposed changes to the UK
immigration system of migrant domestic workers (Kalayaan and Oxfam, 2008).
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