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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