A/HRC/14/30/Add.3
(b)
Implement the recommendation made by the House of Lords’ European
Union Select Committee in its fourteenth report, according to which, the Government
should commission research into the likely costs and consequences of acceding to the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families and seek to develop a political consensus for its adoption,
both within the United Kingdom and across the European Union;57
(c)
Establish effective and accessible channels which allow all migrant
workers, including irregular migrant workers, to lodge complaints of violations of
their rights without fear of retaliation on the grounds that they may be in an irregular
situation.
75.
In relation to the administrative detention of migrants, the Special Rapporteur
recommends that the Government:
(a)
Consider the recommendations made by the Working Group on
Arbitrary Detention in a 2009 report to the Human Rights Council,58 particularly the
call upon States to restrict the use of detention for immigration purposes, ensuring
that it is a measure of last resort, only permissible for the shortest period of time and
when no less restrictive measure is available and therefore, to use and make available
alternative measures to detention both in law and in practice;
(b)
Take measures to review the implementation of national laws applicable
to the detention of migrants to ensure that they are harmonized with international
human rights norms that prohibit arbitrary detention and inhumane treatment;
(c)
Take all necessary steps to prevent cases of de facto indefinite detention
and grant to migrants in detention all judicial guarantees, including keeping them
informed of their cases’ status.
76.
In relation to the protection of migrant domestic workers, the Special
Rapporteur recommends that the Government:
(a)
Consider affording to migrant domestic workers who accompany
diplomats, the same protection granted to migrant domestic workers who work for
other employers, including the right to change employer, as a measure to protect them
from abusive practices;
(b)
Consider continuing to recognize migrant domestic workers as workers
and, as such, ensure that they are protected by labour law, including that they are
entitled to the national minimum wage, to change employers and have the possibility
of renewing their visas on an annual basis provided that they remain in full-time
employment in the same sector, even if the employment is not continuous;
(c)
Address the legislative barriers currently faced by migrant domestic
workers to accessing compensation and redress under employment legislation,
including the family worker exemption established in national minimum wage
regulations and the Race Relations Act 1976;
(d)
Strengthen training programmes to combat prejudice against migrant
domestic workers, especially among staff at embassies, immigration officials and
police officers, so as to help such workers report or escape abusive situations and
receive the appropriate assistance and counselling, when required; and increase
57
58
GE.10-12095
House of Lords, European Union – Fourteenth Report, session 2005–06, November 2005, para. 97.
A/HRC/10/21, para. 82.
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