Database • Plan International - Girls' Rights Platform - Girls' rights are human rights: Positioning girls at the heart of the international agenda

Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 34

Paragraph text: The Special Rapporteur focused on the enjoyment of rights to health and to adequate housing for migrants. He recalled the applicable international legal framework and discussed the main challenges encountered by migrants in the enjoyment of these rights, with particular attention to the situations of migrant women and girls and children.

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Paragraph text: Migrant domestic workers, the majority of whom are women and girls, are extremely vulnerable to violence and abuse. ILO Convention 189 on decent work for domestic workers clearly recognizes domestic work as work. However, in many countries, domestic workers are not recognized as "workers", and thus not protected by labour law. As a consequence, they have no labour rights, no annual leave, no established working hours and no minimum salary. They are sometimes also excluded from rights relating to social security laws. Some countries rely on domestic work to be regulated by the work contract only, rather than by law. However, it is difficult for migrant domestic workers to claim their rights when their work is frequently considered informal, and not regulated by law. If the employer has diplomatic immunity, this renders the domestic worker even more vulnerable, due to the possible scope of the employer's immunity from criminal prosecution and civil claims.

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