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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.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Migrant domestic workers 2011, para. 37
- Paragraph text
- The rights of migrant domestic workers should be dealt with within the larger framework of decent work for domestic workers. In this regard, the Committee considers that domestic work should be properly regulated by national legislation to ensure that domestic workers enjoy the same level of protection as other workers.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Migrant domestic workers 2011, para. 36
- Paragraph text
- Additionally, States parties are encouraged to adopt codes of conduct on the recruitment of migrant domestic workers, including specific rules governing fees and salary deductions, and to provide for appropriate penalties and sanctions to enforce them. States parties should ban recruitment fees charged to domestic workers, including through salary deductions.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Migrant domestic workers 2011, para. 32a
- Paragraph text
- [In line with articles 64 and 65, States of origin and employment are encouraged to cooperate on:] Protection-sensitive and transparent frameworks and agreements, including bilateral, multilateral and regional agreements between States;
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Migrant domestic workers 2011, para. 65
- Paragraph text
- The Committee emphasizes the importance of genuine consultations with migrant domestic workers and civil society organizations in the development and implementation of legislative and other measures related to migrant domestic workers and the protection of their rights.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Migrant domestic workers 2011, para. 64
- Paragraph text
- In the case of detention of a migrant domestic worker or a member of his or her family, the person shall be contacted by the embassies or consulates concerned with a view to arranging visits by the relevant consular officials in consultation with the State of employment. (articles 16, paragraph 7, and 23).
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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)
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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).
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Migrant domestic workers 2011, para. 51
- Paragraph text
- With a view to preventing irregular migration as well as smuggling and human trafficking, States parties should ensure that migrant domestic workers have access to regular channels for migration based on actual demand (article 68).
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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).
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Migrant domestic workers 2011, para. 28b
- Paragraph text
- [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;
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Migrant domestic workers 2011, para. 28a
- Paragraph text
- [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:] Information on different types and arrangements of domestic work;
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Migrant domestic workers 2011, para. 55
- Paragraph text
- Moreover, States parties should take appropriate measures with regard to migrant domestic workers in a regular situation to facilitate their reunification with their spouses and children (article 44, paragraph 2). In the event of the death of or divorce from a migrant worker with a regular status, States parties should favourably consider granting independent residence status to family members of that migrant worker (article 50).
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Migrant domestic workers 2011, para. 34
- Paragraph text
- 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.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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;
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Migrant domestic workers 2011, para. 31
- Paragraph text
- States of origin, States of transit and States of employment share the responsibility for regulating and monitoring recruitment and placement processes.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Migrant domestic workers 2011, para. 29f
- 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:] Other information needed on logistics, safety, health, human rights issues and points of assistance during the entire migratory process.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Migrant domestic workers 2011, para. 29e
- 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:] Contact information for emergency assistance, including embassies and consulates and relevant civil society organizations in countries of employment; and
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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;
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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;
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph