Produced by UN Women as a supplementary briefing for the Consultative Group meeting
6 December 2011 Hanoi
GENDER AND MIGRATION
International context and standards:
Michelle Bachelet, Executive Director of UN Women: “The absence of legal and social protections in many countries – and failure to implement and monitor gender-sensitive labour and migration laws where they exist – makes care workers vulnerable to various forms of discrimination and abuse through the migration process”i.
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Committee has elaborated on the obligations of States Parties to protect and promote the human rights of women migrant workers. CEDAW General Recommendation 26 (2008) states that:
States Parties should ensure that constitutional and civil law, as well as labour codes, provide to women migrant workers the same rights and protection that are extended to all workers in the country, including the right to organize and freely associate.
They should ensure that contracts for women migrant workers are legally valid.
In particular, they should ensure that occupations dominated by women migrants workers such as domestic work and some forms of entertainment, are protected by labour laws including wage and hour regulations, health and safety codes, holiday and vacation leave regulations.
These laws should include mechanisms by which to monitor workplace conditions of migrant women especially in the kinds of jobs they dominate (articles 2a, f and 11).
Regional issues
Women migrant workers now constitute 50% or more of the migrant workforce in Asiaii.
All ten ASEAN member states have ratified the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW), which lays out the definition and standards for equality and non-discrimination for all women, including women