CEDAW/C/2009/WP.1/R
In countries of origin before departure6
10. Even before they leave home, women migrant workers face myriad human
rights concerns, including complete bans or restrictions on women’s out-migration
based on sex or sex combined with age, marital status, pregnancy or maternity
status, occupation-specific restrictions or requirements that women must have
written permission from male relatives to obtain a passport to travel or migrate.
Women are sometimes detained by recruiting agents for training in preparation for
departure, during which time they may be subject to financial, physical, sexual or
psychological abuse. Women may also suffer the consequences of restricted access
to education, training and reliable information on migration, which may lead to
increased vulnerability in relation to employers. Exploitative fees may be charged
by employment agents, which sometimes cause women, who generally have fewer
assets than men, to suffer greater financial hardships and make them more
dependent, for example, if they need to borrow from family, friends, or
moneylenders at usurious rates.
In countries of origin upon return
11. Women migrant workers may face sex- and gender-based discrimination,
including compulsory HIV and AIDS testing for women returnees, moral
“rehabilitation” for young women returnees and increased personal and social costs
compared to men, without adequate gender-responsive services. For example, men
may return to a stable family situation, whereas women may find disintegration of
the family upon their return, with their absence from home regarded as the cause of
such disintegration. There may also be a lack of protection against reprisals from
exploitative recruiting agents.
In countries of transit
12. Women migrant workers may face a variety of human rights concerns when
transiting through foreign countries. When travelling with an agent or escort,
women migrants may be abandoned if the agent encounters problems in transit or
upon arrival in the country of destination. Women are also vulnerable to sexual and
physical abuse by agents and escorts when travelling in countries of transit.
In countries of destination
13. Once they reach their destinations, women migrant workers may encounter
multiple forms of de jure and de facto discrimination. There are countries whose
Governments sometimes impose restrictions or bans on women’s employment in
particular sectors. Whatever the situation, women migrant workers face additional
hazards compared to men because of gender-insensitive environments that do not
allow mobility for women, and that give them little access to relevant information
about their rights and entitlements. Gendered notions of appropriate work for
women result in job opportunities that reflect familial and service functions ascribed
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Paragraphs 10 and 11 describe some of the sex- and gender-related human rights concerns that
women experience in their countries of origin, both before departure and upon return. Concerns
related to transit and life abroad are discussed in paragraphs 12 to 22. These sections are
illustrative and are not meant to be exhaustive. It should be noted that certain human rights
concerns described here may render a woman’s decision to migrate involuntarily under relevant
international law; in such cases, reference should be made to those norms.
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