DRAFT CEDAW General recommendation on Trafficking in Women and Girls in the Context of Global Migration violations which often occur inside homes in the context of domestic work where victims are unseen and unprotected.135 51. Migrant women often experience multiple and compounded forms of discrimination136 including sex- and gender-based discrimination, xenophobia and racism.137 The majority do not have access to adequate services on an equal basis with citizens. 138 Many have a precarious economic and/or legal status, which increases their vulnerability to all forms of violence, including trafficking.139 Visa regimes may be responsible for creating an economic and legal dependency on an employer or on a husband, creating the conditions for exploitation and for sponsors to operate with impunity. Temporary or seasonal work in which migrant women are often engaged does not offer pathways to more regular, long-term or permanent employment and often does not offer unemployment protection, healthcare and access to other essential services. 52. Inhospitable State policies and practices, such as migration management based on a criminal justice response in which undocumented migrants live under a threat of being reported, detained, arrested and deported, serve to encourage trafficking of women, as migrants must rely on dangerous and exploitative relationships in order to survive.140 53. Data and research: a) Systematically collect and analyse disaggregated data on migrant women who have been trafficked to develop evidenced-based strategies in its prevention;141 b) Conduct research on the drivers of women’s migration, the discrimination they face in every phase of the migration cycle, and on the disproportionately high number of migrant women concentrated in specific occupational sectors, with a view to eliminating discrimination and providing a coherent and comprehensive approach to addressing their specific needs and vulnerabilities to being trafficked.142 This includes an examination of the laws, policies, programs and practices that enables exploitative conditions for women in migration. 54. The anti-trafficking responses of States parties should be nuanced to address the particular vulnerabilities of both women who migrate within the borders of the territory for which they hold citizenship and those who migrate internationally and are noncitizens in the countries of transit and destination, both documented and undocumented. 135 General recommendation No. 26 (2008) (CEDAW/C/2009/WP.1/R), para. 20; 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. 136 General recommendation No. 37 (2018) (CEDAW/C/GC/37), para. 75. 137 General recommendation No. 26 (2008) (CEDAW/C/2009/WP.1/R), para. 14; pp. 2, Addressing gender dimensions in large-scale movements of refugees and migrants Joint Statement by the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW), the Committee on the Elimination of Discrimination against Women (CEDAW), the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women) and the Office of the United Nations High Commissioner for Human Rights (OHCHR) 19 September 2016. 138 General recommendations: No. 31 (2014) (CEDAW/C/GC/31-CRC/C/GC/18), para. 86; No. 37 (2018) (CEDAW/C/GC/37), para. 75. 139 General recommendations: No. 26 (2008) (CEDAW/C/2009/WP.1/R), para. 19; No. 31 (2014) (CEDAW/C/GC/31-CRC/C/GC/18), para. 86. 140 General recommendation No. 26 (2008) (CEDAW/C/2009/WP.1/R), para. 22. 141 para. 25(e), CEDAW/C/KHM/CO/4-5. 142 General recommendation No. 26 (2008) (CEDAW/C/2009/WP.1/R), para. 5; para. R, CEDAW/C/LAO/CO/7; para. 24(d), CEDAW/C/ISL/CO/7-8; para. 34(b), CEDAW/C/NPL/CO/4-5; para. 43(c), CEDAW/C/GTM/CO/8-9; para. 32(b), CEDAW/C/TJK/CO/4-5; para. 39(a), CEDAW/C/CRI/CO/7. 17

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