A/57/292 attention to the situation of migrant women domestic workers. She has given visibility to the situation of that sector in all forums in which she has participated, and has pointed out that in order to protect the rights of such workers it is essential that domestic work be recognized. She has emphasized the problem of the underrecording of violations of the human rights of such women and the need to create accessible reporting and protection mechanisms for domestic workers. Violations of the human rights of domestic workers occur in “private” and this makes it very difficult to report them or to speak of them with anyone since the boss or employer has absolute power. This is often made worse when the employer keeps the domestic worker’s documents as a means of coercion and pressure. 38. Fear, lack of documentation, the debt bondage to which they are subject in the country of origin in order to pay for the journey, lack of information in the country of origin, fear of being reported to the authorities by the employer and isolation, added to feelings of low self-esteem, cause women migrant workers to become very depressed and deny them access to basic worker’s rights. D. Unaccompanied minors 39. The Special Rapporteur has identified three situations that cause her particular concern where unaccompanied minors are concerned. 40. The first concerns cases of detention of unaccompanied minors. The Working Group on Arbitrary Detention determined during its visit to the United Kingdom that “unaccompanied minors should never be detained” (see E/CN.4/1999/63/Add.3, para. 37). The Special Rapporteur urges States to review their practice and legislation so as to ensure that unaccompanied minors are not subject to restrictions of their liberty and are able to receive assistance in keeping with their status as minors. 41 In her latest report to the Commission on Human Rights (E/CN.4/2002/94 and Add.1), the Special Rapporteur documented disturbing cases of minors being expelled at international borders, thus endangering their well-being and physical integrity. In that regard the Special Rapporteur draws attention to article 25 of the Universal Declaration of Human Rights which states that everyone has the right to a 14 standard of living adequate for the health and wellbeing of himself and of his family. Article 24, paragraph 1, of the International Covenant on civil and Political Rights states that every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State. 42. The Special Rapporteur reminds States parties to the Convention on the Rights of the Child that under article 2, paragraph 1, of the Convention States parties shall respect and ensure the rights set forth in the Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. Article 3, paragraph 1, states that in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. 43. Family reunification is the third area of concern, for the Special Rapporteur has noted a reluctance on the part of States to consider the best interests of the child. In the three years since she became Rapporteur, the Special Rapporteur has noted that the vast majority of unaccompanied minors who migrate do so for the purpose of family reunification. There is serious concern about the effects of restricting the right of everyone “to leave any country, including his own, and to return to his country” (article 13, paragraph 2 of the Universal Declaration). Several countries apply extreme measures, allowing only their own nationals the opportunity to emigrate, including for purposes of family reunification. Migrants then have no option but to seek irregular ways to migrate and this places minors at high risk, particularly when they travel unaccompanied. 44. The Special Rapporteur has also noted the paradoxical situation which arises in States that consider children of migrants born in their territory as nationals but do not authorize the parents to stay by legal means. In such cases the State would be denying its own national, a minor, the right to live legally, with its parents, in its country.

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