Migrant Domestic Workers and the Right to a Private and Family Life

2019 ◽  
Author(s):  
Natalie Sedacca
2019 ◽  
Vol 37 (4) ◽  
pp. 288-310
Author(s):  
Natalie Sedacca

Domestic workers are mainly women, are disproportionately from ethnic minorities and/or international migrants, and are vulnerable to mistreatment, often receiving inadequate protection from labour legislation. This article addresses ways in which the conditions faced by migrant domestic workers can prevent their enjoyment of the right to private and family life. It argues that the focus on this right is illuminating as it allows for the incorporation of issues that are not usually within the remit of labour law into the discussion of working rights, such as access to family reunification, as well as providing for a different perspective on the question of limits on working time – a core labour right that is often denied to domestic workers. These issues are analysed by addressing a case study each from Latin America and Europe, namely Chile and the UK. The article considers impediments to realising the right to private and family life stemming both from the literal border – the operation of immigration controls and visa conditions – and from the figurative border which exists between domestic work and other types of work, reflected in the conflation of domestic workers with family members and stemming from the public/private sphere divide.


2016 ◽  
Vol 13 (1) ◽  
Author(s):  
Elizabeth H. Shlala ◽  
Hiranthi Jayaweera

AbstractAccess to health care represents an important juncture between domestic labor migration and human rights in the GCC. The notions of “ambivalence” and legal hybridity shed light on how health care access is limited for migrant domestic workers, and why the legal framework is not enforced. Our research reveals that the lack of access to health care under the


2017 ◽  
Vol 27 (5) ◽  
pp. 596-615 ◽  
Author(s):  
Anja Eleveld ◽  
Franca Van Hooren

Ambivalence about rights is well known: rights may both challenge existing injustices while simultaneously re-enforcing sovereign regulatory control over citizens. In this article, we focus on the paradox that potentially radical and transformative claims to rights are made at a site – civil society – that under liberal governmentality has increasingly become a site of government. By exploring the unionization of undocumented migrant domestic workers (MDWs) in the Netherlands, we aim to show how rights claims are shaped and controlled by civil society. Using the analytical category of (in)visibility, the case study discloses the dualistic role of the union. On the one hand, the union operated as a site of resistance supporting undocumented MDWs to make their rights claims. On the other hand, it operated as a site of government of the same undocumented MDWs by selectively promoting work-related rights claims and excluding more radical claims for the right to come and go.


2017 ◽  
Vol 7 ◽  
pp. 141-157
Author(s):  
Aneta Tyc

Migrant domestic workers are estimated at approximately 11.5 million persons worldwide. European women are being replaced in their household chores by immigrant women, e.g. from Africa, Asia and Eastern Europe. The paper focuses on human labour rights of domestic migrant workers, especially from the point of view of the typology which divides international standards concerning labour as a matter of human rights into four groups: rights relating to employment (eg. the prohibition of slavery and forced labour); rights deriving from employment (eg. the right to social security, the right to just and favourable conditions of work); rights concerning equal treatment and nondiscrimination, and instrumental rights (eg. the right to organise, the right to strike). The aim of this paper is to reveal insufficient effectiveness of human labour rights according to the above-mentioned typology. Thus, the author will concentrate on the issues of modern slavery, hyper-precarity and discrimination.


2021 ◽  
pp. 0192513X2199385
Author(s):  
Iris Hoiting

Persistent economic inequality between men and women, combined with differences in gender expectations and growing inequalities among women globally, has resulted in families “outsourcing” childcare by employing migrant domestic workers (MDWs). While studies have addressed the intimacy and complexity of “mothering” in such contexts, the agentic position of child-recipients of such care have seldom been explored. This article increases our understanding of care-relationships by examining their triangularity among children, MDWs, and mothers in Hong Kong. Drawing on in-depth interviews with young people who grew up with MDWs, alongside interviews with MDWs themselves, this article describes processes through which care work transforms into what Lynch describes as “love labor” in these relational contexts. In these contexts, commodified care from MDWs can develop, through a process of mutual trilateral negotiations, into intimate love-laboring relationships that, in turn, reflect larger dynamics of familial transformation that are endemic to “global cities.”


2020 ◽  
Vol 64 (6) ◽  
pp. 765-783
Author(s):  
Jing Ye ◽  
Feinian Chen

Migrant domestic workers provide essential services to the families they live with, but they are not considered a part of the family. As a group, they are not well-integrated into the society and often suffer from social isolation. In this article, we explore the potential health buffering effects of their personal network, in terms of family and friendship ties in both the local community and their home country. Existing literature provides inconsistent evidence on who and what matters more, with regard to the nature, strength, and geographic locations of individual personal networks. Using data from the Survey of Migrant domestic Workers in Hong Kong (2017), we find that family ties are extremely important. The presence of family members in Hong Kong as well as daily contact with family, regardless of location, are associated with better self-reported health. Only daily contact with friends in Hong Kong, not with friends in other countries, promotes better health. We also find evidence that the protective effects of family and friends networks depend on each other. Those foreign domestic workers with families in Hong Kong but also maintain daily contact with friends have the best self-reported health among all.


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