CEDAW/C/2009/WP.1/R
groups or cultural associations. They often lack knowledge of their embassies or of
services available, due to their dependence on employers or spouses for such
information. For example, it is very difficult for women migrant domestic workers
who are scarcely ever out of sight of their employers to even register with their
embassies or file complaints. As such, women may have no outside contacts and no
means of making a complaint, and they may suffer violence and abuse for long
periods of time before the situation is exposed. In addition, the withholding of
passports by employers or the fear of reprisal if the women migrant worker is
engaged in sectors that are linked to criminal networks prevent them from making a
report.
22. Undocumented women migrant workers are particularly vulnerable to
exploitation and abuse because of their irregular immigration status, which
exacerbates their exclusion and the risk of exploitation. They may be exploited as
forced labour, and their access to minimum labour rights may be limited by fear of
denouncement. They may also face harassment by the police. If they are
apprehended, they are usually prosecuted for violations of immigration laws and
placed in detention centres, where they are vulnerable to sexual abuse, and then
deported.
Recommendations to States parties7
Common responsibilities of countries of origin and destination
23.
Common responsibilities of countries of origin and destination include:
(a) Formulating a comprehensive gender-sensitive and rights-based policy:
States parties should use the Convention and the general recommendations to
formulate a gender-sensitive, rights-based policy on the basis of equality and
non-discrimination to regulate and administer all aspects and stages of migration, to
facilitate access of women migrant workers to work opportunities abroad, promoting
safe migration and ensuring the protection of the rights of women migrant workers
(articles 2 (a) and 3);
(b) Active involvement of women migrant workers and relevant
non-governmental organizations: States parties should seek the active involvement
of women migrant workers and relevant non-governmental organizations in policy
formulation, implementation, monitoring and evaluation (article 7 (b));
(c) Research, data collection and analysis: States parties should conduct and
support quantitative and qualitative research, data collection and analysis to identify
the problems and needs faced by women migrant workers in every phase of the
migration process in order to promote the rights of women migrant workers and
formulate relevant policies (article 3).
Responsibilities specific to countries of origin
24. Countries of origin must respect and protect the human rights of their female
nationals who migrate for purposes of work. Measures that may be required include,
but are not limited to, the following:
__________________
7
8
The articles listed for each recommendation refer to the articles of the Convention on the
Elimination of All Forms of Discrimination against Women.
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