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Servile marriage 2012, para. 90
- Paragraph text
- Some countries have abolished such legislation. For example, by Act No. 14 of 1999, Egypt abolished the pardon formerly granted to a perpetrator who married a kidnapped victim. In 2005, Brazil amended its Penal Code along the same lines.
- 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
- Persons on the move
- Year
- 2012
Paragraph
Servile marriage 2012, para. 47
- Paragraph text
- Honour-related killings are practised by some communities in their countries of origin or in the countries to which they have immigrated. Honour-related killings occur in Asia, the Middle East and Europe, where first-generation immigrants have passed the practice on to their children and grandchildren. Among some Asian communities, to guard the honour of a clan, marriages take place within the biradari system, a social caste system that divides people into separate communities and combines caste and honour with notions of total loyalty to the clan.
- 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
- Persons on the move
- Year
- 2012
Paragraph
Priorities of the new mandate holder 2014, para. 20
- Paragraph text
- In particular, the Special Rapporteur views the elimination of domestic servitude as a key priority of the mandate, as that form of slavery continues to exist across both developed and developing countries. Women, low-skilled migrant workers, indigenous people, internally displaced persons and other marginalized groups and groups that are discriminated against are the most vulnerable to exploitation 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
- Violence
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2014
Paragraph
Manifestations and causes of domestic servitude 2010, para. 98
- Paragraph text
- [Normative action at the international level reflects has long been a reflection of the indolence of many States to provide effective protection against domestic servitude at the national level. The Special Rapporteur therefore welcomes the fact that the ILO finally resolved to adopt a convention on decent standards for domestic work and hopes that recommendations contained in this report will be reflected in the Convention. The Special Rapporteur recommends that:] States cooperate within the ILO to ensure that the future convention on decent standards domestic work is based on the major human rights treaties and entails specific commitments to regulate all aspects of recruitment, placement and work, including with regard to migrant domestic work.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 98
- Paragraph text
- [Normative action at the international level reflects has long been a reflection of the indolence of many States to provide effective protection against domestic servitude at the national level. The Special Rapporteur therefore welcomes the fact that the ILO finally resolved to adopt a convention on decent standards for domestic work and hopes that recommendations contained in this report will be reflected in the Convention. The Special Rapporteur recommends that:] States should consider ratifying ILO Convention on the Worst Forms of Child Labour (No. 182) and the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and withdraw reservations excluding domestic workers from the scope of application of conventions to which they are a state party.
- 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
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 97
- Paragraph text
- [Domestic workers have made impressive gains in organizing themselves across the globe. More efforts are needed, however, to empower individual workers. The Special Rapporteur recommends:] National authorities, cooperating with domestic workers associations, unions and national human rights institutions, should launch campaigns to inform prospective and current domestic workers what rights they have and how they can enforce them. Information has to be provided in places and languages accessible to all domestic workers, including migrants.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 97
- Paragraph text
- [Domestic workers have made impressive gains in organizing themselves across the globe. More efforts are needed, however, to empower individual workers. The Special Rapporteur recommends:] Working with existing domestic workers associations and cooperatives, labour unions should make greater efforts to include domestic workers, including migrant domestic workers.
- 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
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 96
- Paragraph text
- [Migrant domestic workers are vulnerable to subjugation to servitude, since they often have a precarious migration status and face prejudices. The Special Rapporteur recommends that States:] Diligently investigate credible allegations of abuse or exploitation committed by their diplomats and prosecute perpetrators. If no criminal action is taken by the sending State, host States should demand that diplomatic immunity is lifted or, failing that, declare the alleged perpetrator in serious cases persona non grata, while granting independent resident rights to the victim.
- 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
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 96
- Paragraph text
- [Migrant domestic workers are vulnerable to subjugation to servitude, since they often have a precarious migration status and face prejudices. The Special Rapporteur recommends that States:] Foster their multilateral and bilateral cooperation to accredit and regulate recruitment and placement agencies. Bilateral agreements on migrant domestic work should be binding, based on international standards; guarantee non-discrimination compared to local workers and provide for effective mechanisms to ensure compliance.
- 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 96
- Paragraph text
- [Migrant domestic workers are vulnerable to subjugation to servitude, since they often have a precarious migration status and face prejudices. The Special Rapporteur recommends that States:] Recognize migrant domestic workers' right to freely choose where they reside and abolish any live-in requirements stipulated by law or regulations.
- 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
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 96
- Paragraph text
- [Migrant domestic workers are vulnerable to subjugation to servitude, since they often have a precarious migration status and face prejudices. The Special Rapporteur recommends that States:] Consider creating a special immigration status providing a right to stay for migrant domestic workers, who substantiate allegations of serious abuse or exploitation by employers.
- 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
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 96
- Paragraph text
- [Migrant domestic workers are vulnerable to subjugation to servitude, since they often have a precarious migration status and face prejudices. The Special Rapporteur recommends that States:] Ensure Immigration and labour authorities cooperate to register all migrant workers and inform them about their rights in a language they can understand.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 96
- Paragraph text
- [Migrant domestic workers are vulnerable to subjugation to servitude, since they often have a precarious migration status and face prejudices. The Special Rapporteur recommends that States:] Abolish immigration regimes that tie a visa to the sponsorship of a single employer, including for domestic workers employed by diplomats.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 94
- Paragraph text
- [Children are particularly vulnerable to domestic servitude, especially if they live with their employers and/or migrate on their own to find domestic work:] States should prohibit live-in domestic work for migrant or local children younger than 18 years, since it is typically inherently hazardous. Other domestic work of children who are younger than 15 or still completing their mandatory education should be prohibited to the extent that it interferes with their schooling.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 93
- Paragraph text
- [The criminalization of all forms of slavery and servitude, in line with States' international obligations, is one aspect of an effective response. At the same time, the issue is embedded in the wider challenge to ensure that domestic workers are finally provided with equal protection of their labour rights. Combating domestic servitude and protecting domestic workers' rights are two sides of the same coin. The Special Rapporteur recommends that States:] Extend the equal protection of their labour laws to domestic workers, including migrant domestic workers, and end any discriminatory denial of entitlements regarding working hours, rest days, vacation, health care, maternity leave and protection from unfair dismissal.
- 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
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 93
- Paragraph text
- [The criminalization of all forms of slavery and servitude, in line with States' international obligations, is one aspect of an effective response. At the same time, the issue is embedded in the wider challenge to ensure that domestic workers are finally provided with equal protection of their labour rights. Combating domestic servitude and protecting domestic workers' rights are two sides of the same coin. The Special Rapporteur recommends that States:] Require that domestic workers receive a written contract in a language they can understand and that wage payments are made into a bank account. States should set a minimum wage for all domestic workers, including migrants, that should be above the poverty line of the country concerned and under no circumstances lower than the World Bank reference line indicating poverty (currently set at US$ 2 per day). Any additional payments in kind should not be counted towards the minimum wage.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 88
- Paragraph text
- Building on these norms, the committees of independent experts overseeing State parties' compliance with the obligations assumed under these treaties (treaty bodies) have made repeated references to the exploitation of domestic workers in their concluding observations on country reports. Conversely, individual complaints mechanisms, including the Special Rapporteur's communications procedure, remain underutilized. In its general comment No. 28 on gender equality, the Human Rights Committee has made specific references to slavery disguised, inter alia, as domestic or other kinds of personal service. When the present document was being finalized, the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families was discussing a general comment on migrant domestic workers, with a view to adopting it at the end of 2010.
- 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
- Movement
- Person(s) affected
- Persons on the move
- 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. 82
- Paragraph text
- In recent years, sending and receiving countries have intensified their cooperation in concluding bilateral agreements or memoranda of understanding to regulate migrant domestic work and protect migrant. A bilateral agreement between Argentina and Peru, for instance, guarantees that migrant domestic workers receive the same treatment as nationals under labour law with respect to wages, working conditions and social security. Other agreements, however, are less progressive and fail to enshrine fundamental protections like guaranteed rest days or prohibition of arbitrary wage deductions. Moreover, there are often problems in the implementation of the undertakings made under these bilateral agreements.
- 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
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 81
- Paragraph text
- The migrant domestic sector is particularly underregulated. Many countries have left the organization of this sector entirely to transnational recruitment agencies who are often more concerned with satisfying employers' needs than protecting the human rights of the human beings they recruit. In some cases, the authorities have not even put in place basic measures, such as a registration system that records which recruitment agency is bringing in which domestic worker and who that person ends up working for. Problems are often handled by immigration authorities, which lack the technical expertise to appropriately address them.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 78
- Paragraph text
- Some countries have introduced standard contracts for migrant domestic workers that provide certain minimum standards of employment. In 2007, for example, the United Arab Emirates introduced a standard contract for domestic workers that details entitlements relating to wages, rest breaks, payment of salaries and medical treatment. Lebanon followed suit in 2009. Standard contracts constitute a significant advance, although many still fall short of guaranteeing minimum international standards, including non-discrimination between different types of workers. The introduction of standard contracts can supplement, but not substitute labour legislation. Effective labour laws protect domestic workers by setting out penalties, monitoring systems, accessible complaint mechanisms and effective remedies that go beyond the inherent limits of contract law.
- 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
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 76
- Paragraph text
- A recent study of the laws of ten Asian countries with large numbers of domestic workers found that only three countries included domestic workers in their labour legislation and only one provided full labour protection to domestic workers, including migrant domestic workers. Middle Eastern States with the same legislative shortcoming have long been contemplating to extend their existing labour laws to domestic workers or adopt specific legislation for them. In recent years, however, only Jordan has successfully reformed its labour law to include domestic workers. In some European countries, the domestic work aspect of au pair arrangements is not recognized, leading to regulatory protection gaps.
- 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
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 71
- Paragraph text
- Prejudices also reveal themselves in pay differences. Studies in Middle Eastern countries found, for instance, that Filipina migrant domestic workers are usually paid more than their more dark-skinned colleagues from South Asia or Africa.
- 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
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 58
- Paragraph text
- The Special Rapporteur is concerned that sending countries have a tendency to hush up credible reports of exploitation committed by their diplomats, rather than to launch criminal investigations. Meanwhile, receiving countries often lack the courage to demand a lifting of diplomatic immunity or declare perpetrating diplomats to be personae non grata, while at the same time providing independent residence rights to the victims.
- 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
- Persons on the move
- Year
- 2010
Paragraph
Manifestations and causes of domestic servitude 2010, para. 57
- Paragraph text
- A specific protection gap exists with regard to domestic workers employed by diplomats or international civil servants with diplomatic status. A number of cases have been reported, in which diplomats subjected their domestic employees to servitude and related abuse. Migrant domestic workers employed by diplomats are a particular vulnerable group. Firstly, their visa status typically depends on continued employment by the diplomat and they are therefore not free to change employers in case of exploitation. Secondly, diplomatic immunities and privileges shield diplomats from the enforcement of national legislation. Under the Vienna Convention on Diplomatic Relations, diplomats enjoy immunity from criminal action. In addition, many foreign ministries and courts tend to interpret the Vienna Convention as granting diplomats immunity from civil suits brought by their domestic workers, even though article 31 of the Vienna Convention excludes civil immunity for "professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions".
- 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
- Person(s) affected
- Persons on the move
- 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. 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. 54
- Paragraph text
- Migrant domestic workers commonly have a particularly precarious residence status, making them dependent on their employer and hence easy to exploit. A number of countries in Asia and the Middle East (where the system is known as kafalah) still tie a domestic worker's visa to a particular family. The domestic worker is only allowed to change visa sponsors without the employers' consent in exceptional circumstances that are, in practice, hard to invoke. A live-in worker who is dismissed can find herself from one moment to the next in the street with no income, legal residence status, family support network, return air ticket or right to seek another job.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- 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. 33
- Paragraph text
- Neo-bondage may also emerge in the context of migration for domestic work. Migrant domestic workers will often assume a considerable debt towards the employer or the agency organizing her recruitment and transport to cover the cost of the air ticket and recruitment fees. The domestic worker is then expected to work off this debt. In many countries, migrant domestic workers are not able to change employers as the validity of their visa depends on the initial employer's sponsorship (see section 2f). In addition, they might be blocked from returning to their home country, because employers or recruitment agencies withhold passports or return air tickets. They cannot leave their position before they have worked off their recruitment debt. With salaries being often as low as US$ 100-300 per month, this means that migrant domestic workers become bonded for long periods to a single employer, making them easily exploitable.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph