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