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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