A/HRC/26/35 2. Migrant domestic workers 50. Migrant domestic workers, the majority of whom are women and girls, are extremely vulnerable to violence and abuse. ILO Convention 189 on decent work for domestic workers clearly recognizes domestic work as work. However, in many countries, domestic workers are not recognized as “workers”, and thus not protected by labour law. As a consequence, they have no labour rights, no annual leave, no established working hours and no minimum salary. They are sometimes also excluded from rights relating to social security laws. Some countries rely on domestic work to be regulated by the work contract only, rather than by law. However, it is difficult for migrant domestic workers to claim their rights when their work is frequently considered informal, and not regulated by law. If the employer has diplomatic immunity, this renders the domestic worker even more vulnerable, due to the possible scope of the employer’s immunity from criminal prosecution and civil claims. 51. In its General Comment No. 1 (2011) on migrant domestic workers, the Committee on Migrant Workers identified practices that increase the risk of abuse and exploitation in the workplace for migrant domestic workers, including “dependence on the job and employer because of migration-related debt, legal status, practices of employers restricting their freedom to leave the workplace, the simple fact that the migrants’ workplace may also be their only shelter”. These risks and vulnerabilities are further aggravated for migrant domestic workers who are in an irregular situation, as they often risk deportation if they contact State authorities to seek protection from an abusive employer. The Special Rapporteur has met with domestic workers who had run away from their employers after severe physical, psychological and sexual abuse. They also reported poor working and living conditions, including excessive working hours, sometimes without meal or rest breaks, no weekly days off, not being given sufficient food, not being paid for several months, and having their passports confiscated. They also suffer threats and intimidation, including that their employer will not renew their visa, have them deported, make false allegations to the police about them stealing from the household, or being thrown out into the streets. One case brought to the Special Rapporteur’s attention concerned a migrant domestic worker who was repeatedly physically and sexually abused by her employer. She ran away, ended up in a detention centre and later on, while in a psychiatric hospital, committed suicide. 52. Migrant domestic workers, especially live-in workers, are particularly vulnerable to abuse as their workplaces are in private households, behind closed doors and out of the public eye. They are thus physically isolated, which makes it difficult for them to take collective action. They are frequently unregistered, and form part of the informal labour market. The frequent abuse against migrant domestic workers is further aggregated by the lack of labour inspections in private households. The right to change employer is instrumental in facilitating the escape of migrant domestic workers from exploitative and abusive situations. It is important for abused domestic workers to receive support and assistance and be able to file a complaint against their employer and seek work with another employer without facing the risk of being deported. A good practice brought to the Special Rapporteur’s attention concerns a visa system in which visas are granted to the individual domestic workers and entitle them to basic labour rights under national employment legislation, including the right to pursue legal remedies against their employers. This has enabled migrant domestic workers to escape abuse and exploitation, in part because the visas are not tied to their employers. Consequently, domestic migrant workers who wish to leave their employers due to abuse, exploitation or other forms of ill-treatment are not treated as irregular migrants facing the risk of arrest and imprisonment, but rather as victims. 12