A/78/180 Worst Forms of Child Labour Convention, 1999 (No. 182); and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). C. Issues of concern 20. Often migrants face differential access to decent work as compared with nationals or citizens in countries of employment, as is evidenced by in dicators such as pay inequity, termination of employment, lack of access to maternity protection, paternity and parental leave, maximum hours of work and paid annual leave, minimum wage and collective bargaining rights, inter alia. Migrant workers also fac e social exclusion from broader integration measures, such as access to education, language training, sociocultural and recreation facilities, immigration and employment services owing to their ineligibility for these programmes. 21. Discrimination against migrant workers can occur in both their work and daily lives on intersecting grounds, including gender, race, nationality, ethnicity, religion, family status, marital status, legal partnership status, pregnancy, disability, socioeconomic background and caste. 22. Temporary labour migration programmes further entrench multiple and intersecting forms of discrimination against low-wage migrant workers. 6 Racial and ethnic stereotypes applied to low-wage migrant workers and the structural conditions of such programmes reinforce stereotypical associations between certain types of work and specific nationalities. Additionally, irregular and temporary migrant workers experience xenophobia, racial profiling, biometric data collection and surveillance by authorities 7 and employers. These experiences were exacerbated during the coronavirus disease (COVID-19) pandemic. 23. Labour migration is highly gendered, with adverse gendered impacts for men and highly deleterious outcomes for women migrants, including sexual a nd gender-based violence, exploitation and trafficking for the purposes of sex and forced labour and other human rights violations. Gender norms and roles, and systemic inequality, further heighten exposure to labour rights violations for women and lesbian , gay, bisexual, transgender (LGBT) and gender-diverse persons and in relation to sexual orientation, gender identity, gender expression and sex characteristics. Compounding these vulnerabilities, there is also heightened risk of gender-based violence, exploitation and trafficking of women migrant workers, as many are employed in underregulated, informal sectors such as domestic work. This work is often unseen, unpaid or devalued and can lead to increased health risks. Where migrants are working irregularly or their visas are tied to their employers, they may not report abuses as they fear retaliation, blacklisting, loss of job or their visa or permit, after paying exorbitant recruitment fees. For those returning to countries of origin, reintegration and access to decent work is often undermined by stigma, continued heightened risks of sexual and gender-based violence and gender discrimination. 24. LGBTIQ+ migrants face particularly heightened risks of sexual and genderbased violence, 8 and they may encounter homophobia both within their own __________________ 6 7 8 6/21 OHCHR, We Wanted Workers, but Human Beings Came: Human Rights and Tempor ary Labour Migration in and from Asia and the Pacific. Available at https://bangkok.ohchr.org/wpcontent/uploads/2023/01/Report-on-temporary-labour-migration-programme-final-250123.pdf. See Ontario Human Rights Tribunal, Logan v. Her Majesty the Queen in Right of Ontario, HRTO 2015-22136-I. Available at https://ccla.org/wp-content/uploads/2022/08/2015-22136-I-LoganFinal-Decision.pdf. Diálogo Diverso, Diagnóstico de las necesidades de las personas LGBTI en situación de movilidad humana, en las ciudades de Quito, Guayaquil y Manta; incluyendo la variable coyuntural de impacto de la crisis sanitaria ocasionada por el COVID -19 (2020). 23-13823

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