Document Type : Research/Original/Regular

Author

• Kosar Firouzpour

International law, Law Faculty,University of Tehran, Tehran , Iran.

Abstract

International migration is a growing phenomenon that affects most countries in the world. Because immigrants are not nationals of the host country, they are vulnerable to human rights abuses and when they enter a country, whether their entry is legal or illegal, they see their rights being disregarded compared to citizens. At the same time, human rights must be respected for all human beings, regardless of their immigration status. Meanwhile, migrant female workers are in a more sensitive position. Immigrant working women have little support due to their gender and immigration characteristics, are suffering from mainly low-paying jobs and domestic work. In addition, they experience exploitation and unfavorable working conditions. Therefore, prevention of abuse, discrimination and protection of vulnerable groups is essential. The International Labor Organization, in continuation of other existing international treaties, strives to establish a convention on decent work for domestic workers and to establish procedural and supervisory guarantees in order to respect, protect and fulfill the human rights of migrant women workers. The purpose of this article is to examine the vulnerability of migrant women workers and to analyze the legal aspects of Convention on Decent Work for domestic workers.

Highlights

Background & Purpose

International migration is a growing phenomenon that affects most countries in the world. Since migrants are not citizens of the host country, they are vulnerable to human rights violations and are often overlooked compared to citizens. Women migrant workers, due to their gender characteristics and usually low-income jobs such as domestic work, are particularly vulnerable to discrimination and receive little support. They also experience unfavorable working conditions and treatment. Therefore, it is imperative to prevent exploitation and discrimination, while protecting the rights of vulnerable migrant workers, especially women. The International Labor Organization (ILO) is working to create a fair work convention for domestic workers, as well as creating procedural and monitoring mechanisms to respect, protect and fulfill the human rights of migrant women workers. According to the International Organization for Migration, there were an estimated 258 million international migrants in 2018, of which 124.8 million were women, and 150.3 million were migrant workers, a number that continues to grow.

Method

This article analyzed and examined credible internal and external documents, books, and articles through a library research method. The research also documented field studies by international organizations such as the United Nations and the International Labor Organization.

Result

The special feature of migrant women is that they suffer from dual discrimination in the workplace. First, because they are foreigners, they face discrimination in comparison to citizens. Second, they are victimized by discriminatory behavior due to their gender in society. Inappropriate policies in the destination country have negative effects on women and put them in illegal and unsuitable conditions. The vulnerability of migrants arises from the fact that they are not citizens of the country where they live. Migrants are crossing national borders and entering new countries, and due to their foreignness, they are at risk of serious legal and social violations. The distinction between nationality and physical presence has many implications. Migrants are not familiar with the national language, laws, and government procedures in the destination country, and have limited access to administrative, legal, and judicial authorities to assert their rights. They may be subjected to discriminatory treatment and unequal opportunities in work and life. Furthermore, migrant workers frequently work in sectors where the standards are not being enforced. When migrants enter a country illegally or lose their legal status after arrival, they become more susceptible to abuse and exploitation. Although the experience of working and living in a foreign country can enhance individual development and contribute to the economy, employment in a foreign country can be full of risks. Migrant workers are vulnerable as long as they lack the safeguard of national and international laws. In recent years, unemployment, economic problems, terrorist threats, and pandemics have increased xenophobia in societies, thereby exacerbating the problems of migrants.

Discussion and Conclusion

 The results of this study indicate that despite the high proportion of women in international migration, their experiences and situations have not received much attention. Women migrant workers are often in low-income jobs and among vulnerable groups. In addition, they often experience exploitation and unfavorable working conditions. ILO's activities to protect migrant workers against discrimination, violence, and exploitation focus on assisting governments in creating appropriate policies, strengthening legislation, implementing measures, and developing effective management structures for occupational migration.

However, the main focus of this organization is on improving the basic knowledge of working conditions, employment, and work policies for migrant workers. As stated by the International Labour Organization, the main factor in the exploitation of immigrants and forced labor is the lack of necessary work standards in both countries of destination and origin. It is imperative to employ human rights standards to ensure the observance, safeguarding, and realization of the rights of these persons. Women are more likely to experience violence in the workplace, and immigrant women, particularly those employed in informal sectors, face numerous challenges in accessing healthcare and social support. Therefore, in case of economic downturns and job loss, immigrant women may receive little support. As these individuals often work in the employer's home and due to the nature of their work, they belong to groups with minimal legal and supervisory protection. Instances of non-payment of wages, extended working hours, passport confiscation, violations of rights and freedoms, and derogatory behaviors are part of the unpleasant experiences of these individuals. To support the rights of immigrant women workers, national laws of governments, including constitutional, administrative, labor, and social laws, must be regulated to support this group, especially domestic workers. Working conditions, wages, working hours, health, safety, and insurance must be guaranteed. Regarding domestic workers, considering issues such as daily and weekly rest, living conditions with respect for privacy, protection against violence, freedom of communication, and maintaining identity and travel documents is important. Legal oversight of the working conditions of this group and the existence of a complaint mechanism in an appropriate forum for them should be considered. The Convention on Decent Work for Domestic Workers is the flagship of support for the individual’s basic human rights standard. This convention commits governments to provide mechanisms for supporting the primary rights of these individuals through national laws, monitoring private firms, and cooperation with other governments. According to the convention, immigrant domestic workers should have similar rights as citizens and other workers, as human rights regulations and minimum labor standards are to be universally applied to all individuals regardless of their ethnic, racial, or gender characteristics.

Keywords

• women workers migration
• vulnerability
• human rights
• convention on decent work for domestic workers

20.1001.1.23452692.1401.10.4.3.8

Main Subjects

• women law