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Migrant domestic workers 2011, para. 41
- Paragraph text
- 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.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 45
- Paragraph text
- 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.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 42
- Paragraph text
- 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).
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 30b
- Paragraph text
- [Where appropriate, States parties could also support pre-departure training offering:] Training for specific types of work, including key job skills where appropriate; and
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 50
- Paragraph text
- 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.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 62d (i)
- Paragraph text
- [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;
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 29b
- Paragraph text
- [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;
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 30c
- Paragraph text
- [Where appropriate, States parties could also support pre-departure training offering:] Cross-cultural destination-specific orientation.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 29a
- Paragraph text
- [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;
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 30a
- Paragraph text
- [Where appropriate, States parties could also support pre-departure training offering:] Basic language preparation;
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 38
- Paragraph text
- 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).
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 54
- Paragraph text
- 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.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Movement
- Personas afectadas
- Children
- Families
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 62d (ii)
- Paragraph text
- [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.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 39
- Paragraph text
- 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.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 32b
- Paragraph text
- [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;
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 53
- Paragraph text
- States parties should avoid making the immigration status of migrant domestic workers conditional on the sponsorship or guardianship of a specific employer, since any such arrangement may unduly restrict the liberty of movement of migrant domestic workers (article 39) and increases their vulnerability to exploitation and abuse, including in conditions of forced labour or servitude (article 11).
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 47
- Paragraph text
- States parties are encouraged to provide migrant domestic workers with information about relevant associations that can provide assistance in the country/city of origin and employment.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 57
- Paragraph text
- 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.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Movement
- Personas afectadas
- Children
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 40
- Paragraph text
- States parties are encouraged to ensure that migrant domestic workers have explicit, written terms of employment, in a language they can understand, outlining their specific duties, hours, remuneration, days of rest, and other conditions of work, in contracts that are free, fair and fully consented to. In particular, States parties may wish to consider developing model or standard provisions for these purposes.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 35
- Paragraph text
- States parties should establish specific criteria relating to migrant domestic workers' rights and ensure that only those agencies observing these criteria and codes can continue to operate. Such criteria could usefully be established in consultations with migrant workers' organizations themselves, non-governmental organizations working with migrant workers and with workers' and employers' organizations.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 58
- Paragraph text
- Children of migrant domestic workers shall be registered soon after birth, independently of the migration status of their parents, and be provided with birth certificates and other identity documents States should take all appropriate measures to ensure that children are not deprived of a nationality. (article 29)
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Families
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 46
- Paragraph text
- The laws of States parties, particularly countries of employment of migrant domestic workers, should recognize the right of the latter to form and join organizations, regardless of migration status (article 26) and self-organization should be encouraged.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 48
- Paragraph text
- States parties should take effective measures to ensure that migrant domestic workers are free to practise the religion or belief of their choice, as well as their freedom of expression, individually or in community with others, in public and in private, in accordance with articles 12 and 13 of the Convention and other international human rights standards (articles 12 and 13).
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 32c
- Paragraph text
- [In line with articles 64 and 65, States of origin and employment are encouraged to cooperate on:] Regular and public reporting of migrant domestic worker flows, employment, rights issues, training and other programmes, and issues of justice administration.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Economic Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 33
- Paragraph text
- In accordance with article 66, States parties have an obligation to effectively regulate and monitor labour brokers, recruitment agencies and other intermediaries to ensure that they respect the rights of domestic workers.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 59
- Paragraph text
- States parties should eliminate discriminatory policies and practices that deny or restrict the rights of children of migrant domestic workers, notably their right to health and education (articles 28 and 30).
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Movement
- Personas afectadas
- Children
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 56
- Paragraph text
- In line with the Convention on the Rights of the Child and relevant International Labour Organization (ILO) instruments, States should ensure that migrant children do not perform any type of domestic work which is likely to be hazardous or harmful to their health or physical, mental, spiritual, moral or social development. States shall refrain from adopting policies aimed at recruiting domestic migrant children.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Movement
- Personas afectadas
- Children
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 52
- Paragraph text
- States parties should take appropriate measures to address the extreme vulnerability of undocumented migrant domestic workers, especially women and children. In particular, States parties should consider policies, including regularization programmes, to avoid or resolve situations in which migrant domestic workers are undocumented or are at risk of falling into irregular status (article 69).
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Persons on the move
- Women
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 66
- Paragraph text
- States parties should include in their reports information about efforts to monitor the situation of migrant domestic workers, including through the provision of statistical data, and to protect their rights under the Convention, keeping in mind the recommendations contained in the present general comment.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Migrant domestic workers 2011, para. 63
- Paragraph text
- Embassies and consulates of countries of origin are encouraged to cooperate with each other to identify abusive recruitment agencies and to promote appropriate protection policies for migrant domestic workers.
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo