A/HRC/14/30/Add.3 could be considered as adults throughout the application process and detained on this basis. Furthermore “the lack of available information about the range of children involved [in asylum-seeking] raises considerable concern about safeguarding arrangements”.44 D. The protection of migrant domestic workers 57. Reports suggest that approximately 17,000 visas are granted yearly to domestic workers, the vast majority of whom are women from non-European Union countries accompanying their employers and employed to undertake a range of activities in private households, including housekeeping and care work. These workers come from a variety of countries such as India, Indonesia, the Philippines and Sri Lanka, while their employers are mainly Middle Eastern, Indian or British nationals.45 58. Regular migrant domestic workers enjoy employment law protection, including the right to the national minimum wage, adequate rest breaks, remunerated holidays and maternity-related rights, including leave. Information received suggests that challenges remain in the monitoring of living and working conditions, as the workplace of domestic workers is the home of their employers. 59. Stakeholders drew the Special Rapporteur’s attention to reports documenting a wide range of abuses encountered by migrant domestic workers in their workplaces, including poor working and living conditions, psychological and physical abuse, forced labour, sexual aggression, withholding of identity and travel documents, low or no wages and excessive working hours sometimes without meal or rest breaks. Allegations of threats and intimidation or physical violence and threats not to renew the workers’ visa, to have the worker deported, to make spurious allegations to the police about a domestic worker stealing or to throw domestic workers out onto the streets were also mentioned during the visit. 60. The Special Rapporteur notes with appreciation that the right to change employer has been instrumental in facilitating the escape of migrant domestic workers from exploitative and abusive situations. This is because they know they can receive support and assistance and still seek work with another employer without facing the risk of being removed from the United Kingdom. 61. The Special Rapporteur welcomes the decision of the Government to continue this visa scheme for migrant domestic workers for at least two years, notwithstanding the introduction of the points-based system for nationals who apply to work in the United Kingdom from outside the European Economic Area. As highlighted by certain stakeholders and the Home Affairs Committee, migrant domestic workers warrant the special status afforded by the current scheme, so that they have access to labour rights recognized as for all workers and may change employers in case of abuse or exploitation. 62. According to information received, migrant domestic workers who accompany diplomats to the United Kingdom encounter the same level of abuse and exploitation as those suffered by migrant domestic workers who work for other employers. However, migrant domestic workers who accompany diplomats are currently not able to change employers outside of the diplomatic mission with which they came. This situation places them in a more vulnerable situation; hence they often feel unable to leave exploitative and 44 45 GE.10-12095 See David Behan and others, “Safeguarding Children: The Second Joint Chief Inspector’s Report on Arrangements to Safeguard Children”, 2005, p. 71. See Vanina Wittenberg, The New Bonded Labour? The impact of proposed changes to the UK immigration system of migrant domestic workers (Kalayaan and Oxfam, 2008). 15

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