CEDAW/C/2009/WP.1/R
health-care services, police services, recreational programmes and programmes
designed especially for isolated women migrant workers, such as domestic workers
and others secluded in the home, in addition to victims of domestic violence.
Victims of abuse must be provided with relevant emergency and social services,
regardless of their immigration status (articles 3, 5 and 12);
(j) The rights of women migrant workers in detention, whether they are
documented or undocumented: States parties should ensure that women migrant
workers who are in detention do not suffer discrimination or gender-based violence,
and that pregnant and breastfeeding mothers as well as women in ill health have
access to appropriate services. They should review, eliminate or reform laws,
regulations, or policies that result in a disproportionate number of women migrant
workers being detained for migration-related reasons (articles 2 (d) and 5);
(k) Social inclusion of women migrant workers: States parties should adopt
policies and programmes with the aim of enabling women migrant workers to
integrate into the new society. Such efforts should be respectful of the cultural
identity of women migrant workers and protective of their human rights, in
compliance with the Convention (article 5);
(l) Protection of undocumented women migrant workers: the situation of
undocumented women needs specific attention. Regardless of the lack of
immigration status of undocumented women migrant workers, States parties have an
obligation to protect their basic human rights. Undocumented women migrant
workers must have access to legal remedies and justice in cases of risk to life and of
cruel and degrading treatment, or if they are coerced into forced labour, face
deprivation of fulfilment of basic needs, including in times of health emergencies or
pregnancy and maternity, or if they are abused physically or sexually by employers
or others. If they are arrested or detained, the States parties must ensure that
undocumented women migrant workers receive humane treatment and have access
to due process of the law, including through free legal aid. In that regard, States
parties should repeal or amend laws and practices that prevent undocumented
women migrant workers from using the courts and other systems of redress. If
deportation cannot be avoided, States parties need to treat each case individually,
with due consideration to the gender-related circumstances and risks of human
rights violations in the country of origin (articles 2 (c), (e) and (f));
Bilateral and regional cooperation
27.
Measures that are required include but are not limited to the following:
(a) Bilateral and regional agreements: States parties who are sending or
receiving and transit countries should enter into bilateral or regional agreements or
memorandums of understanding protecting the rights of women migrant workers as
elaborated in this general recommendation (article 3);
(b)
Best practices and sharing of information, as follows:
(i) States parties are also encouraged to share their experience of best
practices and relevant information to promote the full protection of the rights
of women migrant workers (article 3);
(ii) States parties should cooperate on providing information on perpetrators
of violations of the rights of women migrant workers. When provided with
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