E/CN.4/2004/76
page 2
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.
The work of migrant domestic workers in caring for the elderly has taken on particular
importance as a result of the ageing of the population in many developed countries.
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
employment, and in spontaneous migration by women. The nature and scope of public and
private initiatives to facilitate the migration and recruitment of female domestic workers vary
from one country to another, depending on labour agreements and legislation on migration. The
Special Rapporteur observes, however, that, by and large, such initiatives cannot guarantee
decent conditions of employment and respect for the fundamental rights of female migrant
domestic workers.
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 migrant domestic workers, who generally prefer not to report abuses for fear of
being dismissed and repatriated. 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 in labour legislation allows employers to impose working conditions unilaterally.
Migrant domestic workers’ vulnerability is frequently exacerbated by the fact that their
immigrant status is not legal.
The lack of watchdog mechanisms, and inadequate monitoring by the Government in the
country of destination, the recruiting agencies and even consulates, mean that migrant domestic
workers are cut off and abuses remain unseen. Consequently, many migrants’ rights are violated
and they end up working in abusive or even inhuman and degrading conditions, without
protection or the possibility of obtaining an effective remedy.
With particular reference to the information received and reflected in the report, the
Special Rapporteur makes a series of recommendations to the States of origin and destination of
large-scale flows of migrant domestic workers on steps to ensure the protection of those
workers’ rights and eliminate the factors which make them vulnerable at all phases of migration,
from recruitment to their return home.