E/CN.4/2004/76
page 16
64.
Some countries of destination have established protection mechanisms for migrant
domestic workers, facilitating their access to mechanisms for reporting complaints or settling
disputes, or providing assistance during legal proceedings.23 In some countries, the Ministry of
Employment organizes inspections to check on working conditions and runs training
programmes for migrant domestic workers on their rights and on complaint mechanisms.24
65.
In other countries there are centres run by NGOs or religious associations which also
offer accommodation and shelter to female migrant domestic workers who escape from the
homes of violent or abusive employers. Sometimes these organizations try to find other
employers for the worker or meet the costs of hospital treatment or repatriation. They also
provide legal assistance and monitor the status of female migrant domestic workers held in
detention pending deportation. Likewise, the trade unions in some countries provide advice on
social matters and legal support to women with work-related problems, arrange temporary
accommodation for women who have been dismissed, and run training workshops on labour
rights and the duties of migrant domestic workers, reproductive health and other topics.
III. CONCLUSIONS
66.
The Special Rapporteur has observed that in developed countries migrant
domestic workers are becoming indispensable to enable women to advance in
employment and in society. Among the tasks they perform, caring for the elderly is of
special importance, owing to the ageing of the population in many developed countries.
The Special Rapporteur also considers it important to reiterate that domestic work is a
worthy occupation and a source of personal and social development.
67.
Given growing demand for household help in developed countries, there has been a
rise in the number of initiatives and agreements to facilitate female migration for domestic
work, and in spontaneous migration by women. The nature and scope of public and
private initiatives to facilitate the migration and recruitment of female domestic employees
vary from one country to another, depending on labour agreements and legislation on
migration. Nonetheless, the Special Rapporteur observes that, by and large, such
initiatives cannot guarantee decent conditions of employment and respect for the
fundamental rights of female migrant domestic employees.
68.
The Special Rapporteur observes that a number of factors make migrant domestic
workers an extremely vulnerable category. Host country legislation and recruitment
methods often leave such workers heavily dependent on the employer, particularly when
legal residence in the country depends on the work contract. Debts in their countries of
origin put heavy pressure on the workers, who generally prefer not to report abuses for
fear of being dismissed and repatriated. Furthermore, the practice of withholding migrant
domestic workers’ papers contributes to their dependency and helplessness in the face of
abuse and violations. The absence of work contracts and the fact that in many countries
domestic employment is not recognized by labour legislation allows employers to impose
working conditions unilaterally. Migrant domestic workers’ vulnerability is often
exacerbated by the fact that they do not have identity documents or they are in the
country illegally.