CEDAW/C/2009/WP.1/R
to women or that are in the informal sector. Under such circumstances, occupations
in which women dominate are, in particular, domestic work or certain forms of
entertainment.
14. In addition, in countries of destination, such occupations may be excluded
from legal definitions of work, thereby depriving women of a variety of legal
protections. In such occupations, women migrant workers have trouble obtaining
binding contracts concerning terms and conditions of work, causing them sometimes
to work for long hours without overtime payment. Moreover, women migrant
workers often experience intersecting forms of discrimination, suffering not only
sex- and gender-based discrimination, but also xenophobia and racism.
Discrimination based on race, ethnicity, cultural particularities, nationality,
language, religion or other status may be expressed in sex- and gender-specific
ways.
15. Because of discrimination on the basis of sex and gender, women migrant
workers may receive lower wages than do men, or experience non-payment of
wages, payments that are delayed until departure, or transfer of wages into accounts
that are inaccessible to them. For example, employers of domestic workers often
deposit the worker’s wages into an account in the employer’s name. If a woman and
her spouse both have worker status, her wages may be paid into an account in the
name of her spouse. Workers in female-dominated sectors may not be paid for
weekly days of rest or national holidays. Or, if they are heavily burdened by debt
from recruitment fees, women migrant workers may not be able to leave abusive
situations since they have no other way to repay those debts. Such violations may of
course be faced by non-migrant local women in similar female-dominated jobs.
However, non-migrant local women have better job mobility. They have the choice,
however limited, of leaving an oppressive job situation and obtaining another job,
whereas, in some countries, a woman migrant worker may become undocumented
the minute she leaves her job. Non-migrant local women workers may, moreover,
have some economic protection by way of family support if they are unemployed,
but women migrant workers may not have such protection. Women migrant workers
thus face hazards on the basis of sex and gender, as well as on the basis of their
migrant status.
16. Women migrant workers may be unable to save or transmit savings safely
through regular channels due to isolation (for domestic workers), cumbersome
procedures, language barriers, or high transaction costs. This is a great problem
since in general they earn less than men. Women may further face familial
obligations to remit all their earnings to their families to a degree that may not be
expected of men. For example, single women may be expected to support even
extended family members at home.
17. Women migrant workers often suffer from inequalities that threaten their
health. They may be unable to access health services, including reproductive health
services, because insurance or national health schemes are not available to them, or
they may have to pay unaffordable fees. As women have health needs different from
those of men, this aspect requires special attention. They may also suffer from a lack
of arrangements for their safety at work, or provisions for safe travel between the
worksite and their place of accommodation. Where accommodation is provided,
especially in female-dominated occupations such as factory, farm or domestic work,
living conditions may be poor and overcrowded, without running water or adequate
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