CEDAW/C/2009/WP.1/R
sanitary facilities, or they may lack privacy and hygiene. Women migrant workers
are sometimes subjected to sex-discriminatory mandatory HIV/AIDS testing or
testing for other infections without their consent, followed by provision of test
results to agents and employers rather than to the worker herself. This may result in
loss of job or deportation if test results are positive.
18. Discrimination may be especially acute in relation to pregnancy. Women
migrant workers may face mandatory pregnancy tests followed by deportation if the
test is positive; coercive abortion or lack of access to safe reproductive health and
abortion services, when the health of the mother is at risk, or even following sexual
assault; absence of, or inadequate, maternity leave and benefits and absence of
affordable obstetric care, resulting in serious health risks. Women migrant workers
may also face dismissal from employment upon detection of pregnancy, sometimes
resulting in irregular immigration status and deportation.
19. Women migrant workers may be subjected to particularly disadvantageous
terms regarding their stay in a country. They are sometimes unable to benefit from
family reunification schemes, which may not extend to workers in femaledominated sectors, such as domestic workers or those in entertainment. Permission
to stay in the country of employment may be severely restricted, especially for
women migrant workers in domestic work when their time-fixed contracts end or
are terminated at the whim of the employer. If they lose their immigration status,
they may be more vulnerable to violence by the employer or others who want to
abuse the situation. If they are detained, they may be subject to violence perpetrated
by officials in detention centres.
20. Women migrant workers are more vulnerable to sexual abuse, sexual
harassment and physical violence, especially in sectors where women predominate.
Domestic workers are particularly vulnerable to physical and sexual assault, food
and sleep deprivation and cruelty by their employers. Sexual harassment of women
migrant workers in other work environments, such as on farms or in the industrial
sector, is a problem worldwide (see E/CN.4/1998/74/Add.1). Women migrant
workers who migrate as spouses of male migrant workers or along with family
members face an added risk of domestic violence from their spouses or relatives if
they come from a culture that values the submissive role of the women in the family.
21. Access to justice may be limited for women migrant workers. In some
countries, restrictions are imposed on the use of the legal system by women migrant
workers to obtain remedies for discriminatory labour standards, employment
discrimination or sex- and gender-based violence. Further, women migrant workers
may not be eligible for free government legal aid, and there may be other
impediments, such as unresponsive and hostile officials and, at times, collusion
between officials and the perpetrator. In some cases, diplomats have perpetrated
sexual abuse, violence and other forms of discrimination against women migrant
domestic workers while enjoying diplomatic immunity. In some countries, there are
gaps in the laws protecting migrant women workers. For example, they may lose
their work permits once they make a report of abuse or discrimination and then they
cannot afford to remain in the country for the duration of the trial, if any. In addition
to these formal barriers, practical barriers may prevent access to remedies. Many do
not know the language of the country and do not know their rights. Women migrant
workers may lack mobility because they may be confined by employers to their
work or living sites, prohibited from using telephones or banned from joining
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