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Manifestations and causes of domestic servitude 2010, para. 90
- Paragraph text
- At the regional level, the Council of Europe has shown leadership in taking up the issue. In its recommendation 1663 (2004) on domestic slavery, servitude, au pairs and "mail-order brides", the Parliamentary Assembly of the Council of Europe expressed dismay that slavery still exists in Europe, while highlighting that "today's slaves are predominantly female and usually work in private households". Human rights bodies of the African Union and the Organization of American States have addressed concerns relating to domestic workers. From 17 to 18 June 2010, the Special Rapporteur participated in a major conference on trafficking for the purpose of domestic servitude organized by the Organization for Security and Co-operation in Europe.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 92
- Paragraph text
- Although the victims are largely invisible, domestic servitude constitutes a global human rights concern. Every region in the world is affected. Domestic servitude takes many shape and forms, ranging from slavery as understood by the 1926 Slavery Convention to slavery-like practices, such as bonded domestic labour and child domestic labour. Millions of women and girls, pursuing the opportunities that domestic work provides, while providing a valuable contribution to society, are at risk because their rights, equal human dignity and autonomy are not adequately protected.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 64
- Paragraph text
- Feminized poverty pushes women and girls into domestic work and makes them easy to exploit. Women, who often carry the burden of providing for children, suffer disproportionally from cuts to welfare programmes and essential public services in a situation of economic crisis and budget cuts. In many countries, the collapse of entire agricultural sectors, often linked to inequitable terms of trade, has driven also women and girls into rural-urban or international migrations. With the supply of cheap, desperate labour outstripping demand, power relationships are often so grossly unequal that the degree of exploitation endured by domestic workers depends on the employer's will.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 43
- Paragraph text
- Forced marriage combines sexual exploitation with domestic servitude. The victims are forced to perform household chores in line with gendered stereotypes, while submitting to their husbands' sexual demands. The link between forced marriages and servitude is explicitly recognized by article 1 (c) of the 1956 Supplementary Convention on Slavery, which considers women to be persons of servile status if they have been subjected to: "Any institution or practice whereby: (i) A woman, without the right to refuse, is promised or given in marriage on payment of a consideration in money or in kind to her parents, guardian, family or any other person or group; or (ii) The husband of a woman, his family, or his clan, has the right to transfer her to another person for value received or otherwise; or (iii) A woman on the death of her husband is liable to be inherited by another person."
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 45
- Paragraph text
- Child marriages, unions that involve at least one partner below the minimum legal age of marriage, constitute a form of forced marriage since the child is not in a position to consent. Article 16 of the Convention on the Elimination of All Forms of Discrimination against Women specifies that "the betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage". The Committee on the Elimination of Discrimination against Women considers that the minimum age for marriage should be 18 years for both man and woman. This age limit, which is in line with the definition of the child provided by the Convention on the Rights of the Child, is also reflected in the African Charter on the Rights and Welfare of the Child (art. 21).
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Children
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 55
- Paragraph text
- Reporting on domestic slavery, the Council of Europe has highlighted the structurally similar case of women in arranged transnational marriages, also referred to as "mail-order brides". Faced with an unfamiliar partner and sociocultural context, such women can easily find themselves in situation of abuse, exploitation, and, in extreme cases, domestic and sexual servitude. Their visa status typically depends on the continuation of the arranged marriage for at least a certain number of years. In order to lessen dependencies, some countries have created a special legal residence status for divorced or separated migrant women who can prove that they were severely abused or exploited by their partner.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 51
- Paragraph text
- Physical and psychological abuses reinforce dependency and, in extreme cases, become the very cause of domestic servitude (rather than a mere consequence). A domestic worker may, for instance, be subjected to abuse so severe that a psychological dependency on the perpetrator ensues (a phenomenon known as the "battered women syndrome" in the domestic violence context). The victim may be systematically beaten, insulted, humiliated and belittled to force her to submit to excessive working hours, unpaid overtime on rest days, etc.. Such abuse can reinforce other patterns of learned submission based on caste, ethnic or gender discrimination. Sexual violence, ranging from sexual harassment to repeated rape or the threat of trafficking into forced prostitution, is also employed as a tool of subjugation. The Special Rapporteur also received numerous reports of domestic workers being threatened with denunciation for crimes they did not commit if they complained about exploitative working conditions.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 89
- Paragraph text
- Independent experts mandated by the Commission on Human Rights and the Human Rights Council have also addressed the issue. The Working Group on Contemporary Forms of Slavery had drawn the attention of the Commission on Human Rights to the problem of domestic servitude. Special procedures mandates, in particular the Special Rapporteur on violence against women, its causes and consequences, and the Special Rapporteur on trafficking in persons, especially women and children, have focused their fact-finding on the situation of domestic workers and thereby advanced the debate.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 68
- Paragraph text
- Stereotypes of the female domestic worker as the readily available target of sexual conquest, contribute to sexual abuse and exploitation. Control of the domestic worker's sexuality also extends to a denial of reproductive rights: domestic workers are very often unfairly dismissed if the employer suspects them of being pregnant. Legislation in many States tacitly endorses such violations by specifically excluding domestic workers from maternity leave and other protection awarded to pregnant women.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 67
- Paragraph text
- In many cultural contexts, women remain dependent on the social protection of their family. This poses an obvious problem for live-in domestic workers who do not have family close to them. Leaving the house is not an option as women living on their own are looked down upon and viewed with suspicion.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 11
- Paragraph text
- In the shadow of global domestic work industry, large numbers of people - in the majority, women and girls - find their dignity denied. They suffer invisibly in domestic servitude, contrary to the Universal Declaration of Human Rights (art. 4) and human rights treaty law.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Person(s) affected
- Girls
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 14
- Paragraph text
- Employment patterns vary. In the Middle East and many Asian countries, domestic workers, women in particular, are typically expected to live in the employer's households. In Europe and a growing number of Southern American countries, a higher proportion of domestic workers live on their own, often working for more than one employer.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 99
- Paragraph text
- [Domestic servitude is rooted in entrenched patterns of gender discrimination and discrimination on the basis of race, ethnicity and caste. At the heart of the problem is the fact that work in or for the household, whether paid or unpaid, is undervalued:] States should reinforce their efforts to implement the commitments agreed at the Fourth World Conference on Women in Beijing and the Durban Review Conference.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 46
- Paragraph text
- A comprehensive United Nations Children's Fund (UNICEF) study has found that women and girls who were married below 18 years of age are less educated and more likely to experience domestic violence. The domestic servitude inherent to child marriages disempowers girls by denying them educational opportunities and the option to form protective networks of friends and peers.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 12
- Paragraph text
- Domestic work constitutes one of the largest, yet least visible service industries in the world. The International Labour Organization (ILO) estimates that between 4 and 10 per cent of the employed workforce in developing countries is engaged in domestic work. For industrialized countries, the figure stands between 1 and 2.5 per cent of total employment. Demand for domestic work is spurred by an increase in women's employment without matching policy measures to facilitate the reconciliation of work and family life and an aging population coupled with a trend to move towards more home care. Furthermore, there is a correlation between an increase in income inequalities in a country and an increase in domestic work. In some countries, hiring domestic workers has become a new status symbol signifying belonging to the middle or upper class.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Families
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 19
- Paragraph text
- There is a misperception that domestic work is unskilled work or does not constitute work at all; just like women's unpaid work in the family is undervalued. The relationship between domestic worker and employer is mistakenly perceived as status-based, with a superior master commanding an inferior servant, rather than a contractual arrangement between parties with mutual rights and obligations. In a modern variant of this perception problem, domestic workers are regarded as "members of the family". Depending on the will of the employer, this can mean very favourable treatment or intolerable encroachment on their personal space and liberties.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Families
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 20
- Paragraph text
- In recent years, the migration of women for domestic work has rapidly grown and become one of the key factors in the ongoing feminization of migration. An entire industry of migrant domestic work has evolved, driven by a surging demand for domestic work in richer countries, stark global income inequalities and transnational recruitment agencies. Migrants, mainly women from Asia, are now the largest group of domestic workers in the Middle East and Europe. Domestic work opportunities draw migrant women with little formal education and more educated women lacking linguistic qualifications or the internationally accepted diplomas to find other types of work.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 28
- Paragraph text
- Domestic slavery, alongside other forms of slavery, still exists in parts of the world, notably in certain countries of the Sahel region of Western Africa. The 1926 Slavery Convention (art. 1) defines slavery as "the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised". Slavery still exists in certain sectors of society in Mauritania, even though the Government has outlawed and criminalized the practice (see A/HRC/15/20/Add.2). Women and children in particular end up in domestic slavery. They must work from before sunrise to after sunset, caring for the master's children, fetching water, gathering firewood, pounding millet, moving heavy tents and performing other domestic tasks. Besides exploitative living and working conditions and frequent physical and sexual abuse, the specific nature of slavery manifests itself by the fact that the victim and her children are considered to be their master's property and can be rented out, loaned or given as gifts to others.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 56
- Paragraph text
- Domestic work also draws in many women and girls with irregular migration status, because it is less visible, usually provides cash payment and, in many cases, a place to stay. Women in such situations usually fear reporting exploitation to the authorities, especially where criminal investigations and the enforcement of labour standards are linked to immigration control. Domestic workers without papers include women who should qualify for asylum or other protected status, but face deportation because States fail to respect their international obligations not to subject to refoulement persons who would face persecution or torture upon their return. Victims of gender-based persecution - e.g. women at risk of "honour" killings - are also prone to becoming undocumented migrants vulnerable to exploitation, because national authorities fail to recognize such persecution or unrealistically assume that the victim has "internal flight alternatives" in her country of origin.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Movement
- Violence
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 66
- Paragraph text
- On the job, domestic workers are also confronted with gender-based discrimination. Stereotypical gender roles that assign domestic chores to the women of the family - who are expected to take care of them without reward, recognition or remonstration - are transposed to the professional context. This helps explain why domestic workers are often expected to be always available - notwithstanding labour standards on maximum working hours, rest days and vacation. Because domestic work was traditionally performed by female family members for free, many employers feel reticent to pay a serious salary for work they think should really cost no more than room, board and a measure of gratitude.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 72
- Paragraph text
- Caste-based discrimination, found in various cultural contexts, and domestic servitude are linked. In South Asia, so-called "untouchables" (dalits) and certain indigenous communities make up the vast majority of people in domestic bonded labour, which is a form of domestic servitude. Moreover, specific types of degrading domestic chores are specifically associated with lower castes and linked to exploitative conditions. In certain States in India, despite a long-standing Government campaign to eradicate the practice, many dalit women reportedly still have to engage in "manual scavenging": because of their caste they are expected to take care of scraping human excrement from dry toilets in private households or public places.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Violence
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 87
- Paragraph text
- International human rights law outlaws domestic and other forms of servitude. Apart from the Universal Declaration of Human Rights and the 1956 Supplementary Convention on Slavery, relevant norms can be found in the Covenant on Civil and Political Rights (art. 8), the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (art. 11), the Convention on the Rights of Persons with Disabilities (art. 27), the International Covenant on Economic, Social and Cultural Rights (art. 7 on just and favourable conditions of work) and the Convention on the Rights of the Child (arts. 19 and 32), and the Convention on the Elimination of All Forms of Discrimination against Women (art. 11 on women's right not to be discriminated in the field of employment).
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Governance & Rule of Law
- Person(s) affected
- Families
- Persons on the move
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 52
- Paragraph text
- In a number of countries, the authorities become involuntary accomplices to exploitation and servitude by allowing, or even requiring, employers to restrict the freedom of movement and residence of migrant domestic workers or systematically failing to enforce relevant prohibitions. In Saudi Arabia, for instance, the Special Rapporteur on violence against women, its causes and consequences, noted that, contrary to an official Government decision, migrants systematically had their passports and residency permits taken away from them, causing some to end up in slave-like conditions. Jordanian legislation on domestic workers, despite being very progressive in other respects, still requires migrant domestic workers to live with their employer and seek his permission to leave the home - even during their time off.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 18
- Paragraph text
- Domestic workers are often "physically invisible" to the general public. More importantly, much as in other gendered relationships, domestic work is deliberately made invisible to public scrutiny: A "private sphere" is socially constructed, where labour relationships are supposedly beyond State or social control. This thinking is reminiscent of archaic arguments that sought to condone domestic violence against women or children as a "private matter", rather than recognizing the crimes that such acts constitute.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 31
- Paragraph text
- Bonded labour, which has been historically associated with agricultural production and the landless poor (see A/HRC/12/21), can touch entire families. In addition to the agricultural work performed by men, bondage arrangements sometimes extend to women who are forced to serve in the household of the creditor. In some cases, parents are forced to give away one or more of their children to the creditor who often subjects them to domestic servitude.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Families
- Men
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 13
- Paragraph text
- Domestic work is work performed in or for a household and includes cooking, cleaning, washing, gardening, being a chauffeur, taking care of children, the elderly and domestic pets. It remains a highly gendered activity. Throughout the world, the vast majority of domestic workers are women. Women's share of total domestic employment stands at 83 per cent in Switzerland, 93.3 per cent in Brazil and 90.7 per cent in Ethiopia.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Children
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 63
- Paragraph text
- The availability of domestic help has contributed to women's empowerment, because it has allowed many women to reconcile their professional aspirations with their gendered social obligations towards their children and family. It is therefore a bitter irony that the women and girls who made such advances possible are often subjected to a form of exploitation that is gender-based at its heart.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Violence
- Person(s) affected
- Children
- Girls
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 53
- Paragraph text
- Migration provides an avenue for women from developing countries to find employment abroad and sustain their families. However, a sizable minority of women who emigrate in search of domestic work ends up in domestic servitude.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 91
- Paragraph text
- The work at the expert and regional levels has only led to limited recognition of the problems by intergovernmental United Nations bodies with a human rights or human rights-related mandate. The Commission on the Status of Women has called on member States to develop measures to prevent the labour and economic exploitation and sexual abuse of girls employed as domestic workers and ensure that they have access to education and vocational training, health services, food, shelter and recreation. The Programme of Action of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance urges States to pay special attention to protecting people engaged in domestic work (contained in A/CONF.189/12, para. 67). As part of the universal periodic review, a number of States have made recommendations to their peers to improve the protection of domestic workers. Such references to a serious, widespread and global human rights concern are far and between. There is nothing similar to the General Assembly's Declaration on the Elimination of Violence Against Women (resolution 48/104), which opened another socially constructed "private sphere" filled with human rights violations to the persistent scrutiny of the international community.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2010
Paragraph
Child slavery in the artisanal mining and quarrying sector 2011, para. 85
- Paragraph text
- Another successful ILO example is the programme for the prevention and progressive elimination of child labour in small-scale traditional gold-mining in Latin America, which had regional, national and local components and was aimed at contributing to the elimination of child labour in small-scale mining in the Plurinational State of Bolivia, Ecuador and Peru. Successful intervention elements identified included: the establishment or improvement of social services, such as education services for children and health services for all the population; improvement of the technology for mining exploitation and health conditions and job security; giving impetus for micro-enterprises for mothers/fathers of children that had been working in mining and creation of income-generating alternatives for women; creation and strengthening of grass-roots organizations, and giving impetus to a local development processes with the participation of various actors.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2011
Paragraph