DRAFT CEDAW General recommendation on Trafficking in Women and Girls in the Context of Global Migration recommendation No. 26 (2008) elaborates on the circumstances that contribute to the specific vulnerability of many women migrant workers and their experiences of sex- and gender-based discrimination as a cause and consequence of the violations of their human rights. The Committee recalls that migration is a permanent and positive aspect of modern society. Hence, while States are entitled to control their borders and regulate migration, they must do so in full compliance with their obligations as parties to the human rights treaties they have ratified or acceded to. That includes transparency and accountability in the ways States handle migration and provide safe, accountable labour conditions for all peoples, guaranteeing the human rights of women throughout the migration cycle.126 48. Gender-based discrimination in States’ migration policies limits women’s access to safe and regular migration pathways and to regular and decent job opportunities in transit and destination countries. 127 Women’s ability to migrate is restricted by gender-based stereotypes, discriminatory laws, including sex-specific migration bans or restrictions, discrimination in recruitment, lack of economic resources and limited access to social capital, financial, physical, sexual or psychological exploitation by recruiting agents, and limited access to education, training and reliable information on migration.128 49. The lack of safe and legal routes to migration contravenes human rights principles and contributes to an increased risk of being trafficked. 129 Women migrants face a heightened risk of gender-based violence, including trafficking in persons in transit, in accommodation facilities, at borders and in destination countries. 130 Women are vulnerable to sexual and physical abuse by smugglers, state authorities, agents and escorts when travelling in countries of transit and may be subject to reprisals, including from exploitative recruiting agents, upon return.131 50. Sector-specific migration rules and policies perpetuate victimisation of women. A disproportionate number of migrant women are engaged in informal employment, particularly in the care and domestic sectors, the manufacturing and service sectors and in the male-centred entertainment sector.132 In addition to perpetuating traditional gender stereotypes about what constitutes “women’s work”, these gender-segregated labour markets offer no or few labour protections as they are either based on the unregulated informal economy or, where regulated, offer fewer protections than national standards. 133 Women migrants may be subjected to restricted mobility and have little access to relevant information about their rights and entitlements.134 This heightens the exposure of migrant women to severe forms of human rights 126 General recommendation No. 26 (2008) (CEDAW/C/2009/WP.1/R), para. 3, CEDAW/C/2009/WP.1/R. 127 A/73/263 (2018), para. 24; pp.1, Joint statement for International Migrants Day, 18 December, by the Chair of the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families, the Chair of the Committee on the Elimination of Discrimination against Women, and UN Women Friday, 15 December 2017. 128 General recommendations: No. 26 (2008) (CEDAW/C/2009/WP.1/R), para. 10; No. 37 (2018) (CEDAW/C/GC/37), para. 76. 129 pp.1, Joint statement for International Migrants Day, 18 December, by the Chair of the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families, the Chair of the Committee on the Elimination of Discrimination against Women, and UN Women Friday, 15 December 2017. 130 General recommendation No. 37 (2018) (CEDAW/C/GC/37), para. 75. 131 General recommendation No. 26 (2008) (CEDAW/C/2009/WP.1/R), paras. 11-12. 132 General recommendation No. 26 (2008) (CEDAW/C/2009/WP.1/R), para. 8. 133 General recommendation No. 26 (2008) (CEDAW/C/2009/WP.1/R), para. 14-15. 134 General recommendation No. 26 (2008) (CEDAW/C/2009/WP.1/R), para. 13. 16

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