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.

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