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attention to the situation of migrant women domestic
workers. She has given visibility to the situation of that
sector in all forums in which she has participated, and
has pointed out that in order to protect the rights of
such workers it is essential that domestic work be
recognized. She has emphasized the problem of the
underrecording of violations of the human rights of
such women and the need to create accessible reporting
and protection mechanisms for domestic workers.
Violations of the human rights of domestic workers
occur in “private” and this makes it very difficult to
report them or to speak of them with anyone since the
boss or employer has absolute power. This is often
made worse when the employer keeps the domestic
worker’s documents as a means of coercion and
pressure.
38. Fear, lack of documentation, the debt bondage to
which they are subject in the country of origin in order
to pay for the journey, lack of information in the
country of origin, fear of being reported to the
authorities by the employer and isolation, added to
feelings of low self-esteem, cause women migrant
workers to become very depressed and deny them
access to basic worker’s rights.
D. Unaccompanied minors
39. The Special Rapporteur has identified three
situations that cause her particular concern where
unaccompanied minors are concerned.
40. The first concerns cases of detention of
unaccompanied minors. The Working Group on
Arbitrary Detention determined during its visit to the
United Kingdom that “unaccompanied minors should
never be detained” (see E/CN.4/1999/63/Add.3, para.
37). The Special Rapporteur urges States to review
their practice and legislation so as to ensure that
unaccompanied minors are not subject to restrictions of
their liberty and are able to receive assistance in
keeping with their status as minors.
41 In her latest report to the Commission on Human
Rights (E/CN.4/2002/94 and Add.1), the Special
Rapporteur documented disturbing cases of minors
being expelled at international borders, thus
endangering their well-being and physical integrity. In
that regard the Special Rapporteur draws attention to
article 25 of the Universal Declaration of Human
Rights which states that everyone has the right to a
14
standard of living adequate for the health and wellbeing of himself and of his family. Article 24,
paragraph 1, of the International Covenant on civil and
Political Rights states that every child shall have,
without any discrimination as to race, colour, sex,
language, religion, national or social origin, property or
birth, the right to such measures of protection as are
required by his status as a minor, on the part of his
family, society and the State.
42. The Special Rapporteur reminds States parties to
the Convention on the Rights of the Child that under
article 2, paragraph 1, of the Convention States parties
shall respect and ensure the rights set forth in the
Convention to each child within their jurisdiction
without discrimination of any kind, irrespective of the
child’s or his or her parent’s or legal guardian’s race,
colour, sex, language, religion, political or other
opinion, national, ethnic or social origin, property,
disability, birth or other status. Article 3, paragraph 1,
states that in all actions concerning children, whether
undertaken by public or private social welfare
institutions, courts of law, administrative authorities or
legislative bodies, the best interests of the child shall
be a primary consideration.
43. Family reunification is the third area of concern,
for the Special Rapporteur has noted a reluctance on
the part of States to consider the best interests of the
child. In the three years since she became Rapporteur,
the Special Rapporteur has noted that the vast majority
of unaccompanied minors who migrate do so for the
purpose of family reunification. There is serious
concern about the effects of restricting the right of
everyone “to leave any country, including his own, and
to return to his country” (article 13, paragraph 2 of the
Universal Declaration). Several countries apply
extreme measures, allowing only their own nationals
the opportunity to emigrate, including for purposes of
family reunification. Migrants then have no option but
to seek irregular ways to migrate and this places
minors at high risk, particularly when they travel
unaccompanied.
44. The Special Rapporteur has also noted the
paradoxical situation which arises in States that
consider children of migrants born in their territory as
nationals but do not authorize the parents to stay by
legal means. In such cases the State would be denying
its own national, a minor, the right to live legally, with
its parents, in its country.