CMW/C/GC/1
protection to migrant workers and their family members not only when the migrants are
actually working, but “during the entire migration process of migrant workers and members
of their families, which comprises preparation for migration, departure, transit and the
entire period of stay and remunerated activity in the State of employment as well as return
to the State of origin or the State of habitual residence”3.
4.
Depending on their administrative status under national immigration laws, some
migrants are considered as documented or in a regular situation, while others are considered
as non-documented or in an irregular situation. Just as the Convention delineates rights that
apply to all migrant workers regardless of their status4, and then distinguishes further rights
of migrants who are documented or in a regular situation5, this general comment shall refer
to all migrant domestic workers, unless expressly indicated.
5.
The terms “domestic work” or “domestic worker” have not yet been defined in any
international instruments. However, drawing on common elements found in definitions set
out in national legislation6, the Committee notes that the term “domestic worker” generally
refers to a person who performs work within an employment relationship in or for other
people’s private homes, whether or not residing in the household.
6.
The Committee considers that migrant domestic workers are included in the term
"migrant worker" as defined in article 2, paragraph 2, of the Convention and that any
distinction made to exclude migrant domestic workers from protection would constitute a
prima facie violation of the Convention.
7.
Whereas many of the human rights issues and concerns identified in this general
comment are relevant to all domestic workers, several issues and concerns are specific to
the situation of domestic workers who are migrants. Generally, migrant domestic workers
are at heightened risk of certain forms of exploitation and abuse. At the heart of their
vulnerability is isolation and dependence, which can include the following elements: the
isolation of life in a foreign land and often in a foreign language, far away from family;
lack of basic support systems and unfamiliarity with the culture and national labour and
migration laws; and 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 and the reliance of
family members back home on remittances sent back from the domestic work. Women
migrant domestic workers face additional risks related to their gender, including genderbased violence. These risks and vulnerabilities are further aggravated for migrant domestic
workers who are non-documented or in an irregular situation, not least because they often
risk deportation if they contact State authorities to seek protection from an abusive
employer.
law or specific agreements; students and trainees; and seafarers and workers on offshore installations
who have not been admitted to take up residence and engage in a remunerated activity in the States of
employment. Moreover, refugees and stateless persons are only included under the Convention if
such application is provided in national legislation (art. 3(d)).
3
Convention, art. 1.
4
Convention, Part III.
5
Convention, Part IV.
6
2
See ILO (2009), “Decent Work for Domestic Workers”, report IV(1), International Conference, 99th
session 2010; José Maria Ramirez-Machado, Domestic Work, Conditions of Work and Employment: A
Legal Perspective, ILO (2003).