Search Tips
sorted by
30 shown of 339 entities
11 columns hidden
Title | Date added | Template | Body | Legal status | Document type | Year | Document code | Original document | Paragraph text | Thematics | Topic(s) | Person(s) affected | Year |
---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Migrant domestic workers 2011, para. 62d (i) | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | [While the States of employment have the primary responsibility to protect the rights of migrant domestic workers, embassies and consulates of States of origin should play an active role in protecting the rights of their nationals employed as migrant domestic workers. In particular, embassies and consulates of countries of origin that are present in countries where migrant domestic workers are employed are encouraged, in coordination with the authorities in the countries of employment, to:] [Receive, record and report information that can be useful to migrant domestic workers in the country of employment as well as to prospective migrant workers back home regarding:] Actual country and employment conditions; |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 32b | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | [In line with articles 64 and 65, States of origin and employment are encouraged to cooperate on:] The use of standard, unified and binding employment contracts, with fair, full and clear conditions and labour standards that are enforceable - and enforced - by systems of law in countries both of origin and employment. Such standard contracts, as well as services where migrant domestic workers can receive counselling and guidance or submit complaints, could also usefully be included in bilateral and multilateral agreements between countries of origin and employment; |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 62d (ii) | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | [While the States of employment have the primary responsibility to protect the rights of migrant domestic workers, embassies and consulates of States of origin should play an active role in protecting the rights of their nationals employed as migrant domestic workers. In particular, embassies and consulates of countries of origin that are present in countries where migrant domestic workers are employed are encouraged, in coordination with the authorities in the countries of employment, to:] [Receive, record and report information that can be useful to migrant domestic workers in the country of employment as well as to prospective migrant workers back home regarding:] The experience of migrant domestic workers, including travel and arrival, migration-related fees and debt, the effects on family, workplace conflicts, issues of rights and access to justice. |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 28c | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | [For nationals considering whether to migrate for domestic work, States parties should take appropriate measures to disseminate information on their rights under the Convention as well as the conditions of their admission and employment and their rights and obligations under the law and practice of other States (article 33). Such awareness-raising could include:] Essential information and perspectives on:
(i) Migration-related fees and debt;
(ii) Family aspects and effects on family life, such as separation, right to family visits or return, pregnancy during employment, etc.; and
(iii) Other risks of domestic work outside the country of origin. |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 29c | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | [For workers who have made the decision to migrate for domestic work, States parties are encouraged to develop more specific pre-departure training and awareness-raising programmes. Such training may be developed in consultation with relevant non-governmental organizations, migrant domestic workers and their families, and recognized and reliable recruitment agencies, and could cover:] Awareness-raising training, including issues of migration, working conditions, social security, debt, finance and work-related fees and basic knowledge on methods of conflict resolution, and avenues for redress; |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 29e | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | [For workers who have made the decision to migrate for domestic work, States parties are encouraged to develop more specific pre-departure training and awareness-raising programmes. Such training may be developed in consultation with relevant non-governmental organizations, migrant domestic workers and their families, and recognized and reliable recruitment agencies, and could cover:] Contact information for emergency assistance, including embassies and consulates and relevant civil society organizations in countries of employment; and |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 29f | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | [For workers who have made the decision to migrate for domestic work, States parties are encouraged to develop more specific pre-departure training and awareness-raising programmes. Such training may be developed in consultation with relevant non-governmental organizations, migrant domestic workers and their families, and recognized and reliable recruitment agencies, and could cover:] Other information needed on logistics, safety, health, human rights issues and points of assistance during the entire migratory process. |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 45 | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | The right to organize and to engage in collective bargaining is essential for migrant domestic workers to express their needs and defend their rights, in particular through trade unions (articles 26 and 40) and labour organizations. |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 29a | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | [For workers who have made the decision to migrate for domestic work, States parties are encouraged to develop more specific pre-departure training and awareness-raising programmes. Such training may be developed in consultation with relevant non-governmental organizations, migrant domestic workers and their families, and recognized and reliable recruitment agencies, and could cover:] A comprehensive "know your rights" curriculum, covering both international and national frameworks, using the Convention as a reference; |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 29b | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | [For workers who have made the decision to migrate for domestic work, States parties are encouraged to develop more specific pre-departure training and awareness-raising programmes. Such training may be developed in consultation with relevant non-governmental organizations, migrant domestic workers and their families, and recognized and reliable recruitment agencies, and could cover:] Know your obligations orientation to essential aspects of the law and culture of the country of employment; |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 30b | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | [Where appropriate, States parties could also support pre-departure training offering:] Training for specific types of work, including key job skills where appropriate; and |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 42 | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | States parties should ensure that migrant domestic workers are granted access to social security benefits on the basis of equal treatment with nationals (article 27). |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 28b | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | [For nationals considering whether to migrate for domestic work, States parties should take appropriate measures to disseminate information on their rights under the Convention as well as the conditions of their admission and employment and their rights and obligations under the law and practice of other States (article 33). Such awareness-raising could include:] Basic knowledge of applicable national and transnational legal frameworks; |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 43 | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | States should ensure effective access of all migrant domestic workers to any medical care urgently required to avoid irreparable harm to their health (article 28). Particular attention should be given to women migrant domestic workers with irregular status, who are especially vulnerable during pregnancy, as they are often afraid to contact public health services out of fear of deportation. States should not require public health institutions providing care to report data on the regular or irregular status of a patient to immigration authorities. |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 44 | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | States should ensure that migrant domestic workers in a documented or regular situation enjoy equal treatment with nationals in relation to social and health services (article 43(1)(e)). Moreover, the Committee recalls the obligations assumed by States under other core international human rights treaties, notably the International Covenant on Economic, Social and Cultural Rights, to take appropriate measures towards ensuring to all persons within their jurisdiction, irrespective of their immigration status, the highest attainable standard of physical and mental health and medical care, services and attention in the event of sickness. |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 49 | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | States of employment should ensure that all migrant domestic workers have access to mechanisms for bringing complaints about violations of their rights (articles 18, paragraph 1, and 83). States parties should ensure that such complaints are investigated in an appropriate manner and within a reasonable period of time and that cases of violations are appropriately sanctioned. To facilitate access to redress mechanisms, States parties could for example designate a domestic workers' Ombudsperson. States parties should also ensure that migrant domestic workers can obtain legal redress and remedies for violations of their rights by employers who enjoy diplomatic immunity under the Vienna Convention on Diplomatic Relations. |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 50 | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | In order to ensure effective access to justice and remedies for all migrant domestic workers, the Committee considers that migrant domestic workers should be able to access courts and other justice mechanisms without fear of being deported as a consequence, and that migrant domestic workers should have access to temporary shelter when needed due to the abusive circumstances of their employment. States parties are encouraged to consider time-bound or expedited legal proceedings to address complaints by migrant domestic workers. Moreover, States parties are encouraged to enter into bilateral agreements in order to ensure that migrants who return to their country of origin may have access to justice in the country of employment, including to complain about abuse and to claim unpaid wages and benefits. |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 54 | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | States parties shall take appropriate measures to protect the unity of the families of migrant domestic workers in a regular situation (article 44, paragraph 1). In particular, migrant domestic workers should have reasonable opportunities for family contact and family-related mobility, including opportunities to communicate with family left behind, travel to participate in essential family matters such as funerals, and, especially in the case of long-term migrants, to visit spouses and children in other countries. States parties should ensure that children separated from one or both parents are allowed to maintain direct contact with both parents on a regular basis. |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 60 | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | As noted by the Committee on the Elimination of All Forms of Discrimination against Women, the position of female migrants is different from that of male migrants with regard to, inter alia, the migration channels used, the sectors of the labour market where they are employed, the forms of abuse they suffer and the consequences and impact thereof. Recognizing that most domestic workers are women and girls and taking into consideration traditional roles, the gendered labour market, the universal prevalence of gender-based violence and the worldwide feminization of poverty and labour migration, States should incorporate a gender perspective in efforts to understand their specific problems and develop remedies to the gender-based discrimination that they face throughout the migration process. |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 61 | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | States parties should repeal sex-specific bans and discriminatory restrictions on women's migration on the basis of age, marital status, pregnancy or maternity status (articles 1 and 7), including restrictions that require women to get permission from their spouse or male guardian to obtain a passport or to travel (article 8) or bans on women migrant domestic workers marrying nationals or permanent residents (article 14), or securing independent housing. States parties should also repeal discriminatory laws, regulations and practices related to HIV, including those which result in the loss of work visas based on HIV status, and ensure that medical testing of migrant domestic workers, including tests for pregnancy or HIV, is only done voluntarily and subject to informed consent. |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 62a | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | [While the States of employment have the primary responsibility to protect the rights of migrant domestic workers, embassies and consulates of States of origin should play an active role in protecting the rights of their nationals employed as migrant domestic workers. In particular, embassies and consulates of countries of origin that are present in countries where migrant domestic workers are employed are encouraged, in coordination with the authorities in the countries of employment, to:] Ensure adequately trained staff and mechanisms (including telephone hotlines) to receive and address complaints made by migrant domestic workers, including through the provision of legal aid; |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 62b | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | [While the States of employment have the primary responsibility to protect the rights of migrant domestic workers, embassies and consulates of States of origin should play an active role in protecting the rights of their nationals employed as migrant domestic workers. In particular, embassies and consulates of countries of origin that are present in countries where migrant domestic workers are employed are encouraged, in coordination with the authorities in the countries of employment, to:] Provide counselling and facilitate appropriate shelter for migrant domestic workers, especially women and children, fleeing from abusive employment circumstances; |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 41 | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | States parties should include provisions for monitoring mechanisms of the working conditions of migrant domestic workers in national legislation and strengthen labour inspection services to carry out such monitoring and to receive, investigate and address complaints of alleged violations. |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 57 | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | States parties shall ensure that all migrant children, independently of their migration status, have access to free and compulsory primary education as well as to secondary education on the basis of equality of treatment with nationals of the State concerned (article 30), and that the domestic work carried out by children does not interfere with their education. Schools should not be required to report data on the regular or irregular status of pupils to immigration authorities. |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 29d | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | [For workers who have made the decision to migrate for domestic work, States parties are encouraged to develop more specific pre-departure training and awareness-raising programmes. Such training may be developed in consultation with relevant non-governmental organizations, migrant domestic workers and their families, and recognized and reliable recruitment agencies, and could cover:] Financial literacy, including information on remittances and saving schemes; |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 30a | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | [Where appropriate, States parties could also support pre-departure training offering:] Basic language preparation; |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 30c | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | [Where appropriate, States parties could also support pre-departure training offering:] Cross-cultural destination-specific orientation. |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 34 | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | Agencies engaged in the movement of migrant domestic workers, whether in countries of origin, transit or employment, must be subject to authorization, approval and supervision by public authorities. This may take the form of formal, regular, transparent and State-regulated:
(a) Licensing, possibly involving processes of accreditation and periodic renewal;
(b) Monitoring, inspection and evaluation;
(c) Sanctions and penalties;
(d) Systems of recording and reporting, including web-based formats that are widely and easily accessible to the public, with particular attention to instances of complaints and conflicts involving workers. |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 38 | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | Accordingly, labour protections in national law should be extended to domestic workers to ensure equal protection under the law, including provisions related to minimum wages, hours of work, days of rest, freedom of association, social security protection, including with respect to maternity, pension rights and health insurance, as well as additional provisions specific to the circumstances of domestic work. In this regard, migrant domestic workers should enjoy treatment not less favourable than that which applies to nationals of the State of employment (article 25). |
|
| 2011 | ||||
Migrant domestic workers 2011, para. 39 | Aug 19, 2019 | Paragraph | Committee on Migrant Workers | Non-negotiated soft law | General Comment / Recommendation | States should protect the right of migrant domestic workers to freedom of movement and residence, including by ensuring that migrant domestic workers are not required to live with their employers or stay in the house during their time off (article 39). States should also ensure that migrant domestic workers retain possession of travel and identity documents (article 21). In addition, States should take all necessary measures to promote a shift in public perceptions so that domestic work becomes widely recognized as work and domestic workers as workers with fundamental rights, including labour rights. |
|
| 2011 |