REDESCA calls for action against violence and discrimination against paid domestic workers

November 27, 2023

Washington D.C. - In the framework of the International Day for the Elimination of Violence against Women, the Office of the Special Rapporteur on Economic, Social, Cultural and Environmental Rights (REDESCA) of the Inter-American Commission on Human Rights (IACHR) urges the adoption of effective, comprehensive and differentiated measures to combat violence and discrimination against women in the workplace, especially against paid domestic workers in Latin America and the Caribbean. In this regard, REDESCA stresses the importance of adopting these measures in a participatory manner and under an intersectional approach, taking into account ethnic-racial discrimination, migration status, age, sexual orientation and gender identity.

The Office of the Special Rapporteur notes that, according to reports of the Commission, historical and structural discrimination against women is manifested in various aspects, including regulatory frameworks, public policies and social practices that perpetuate gender roles and stereotypes, as well as those that contribute to the overrepresentation of women in informal or poorly paid jobs. In the context of Latin America and the Caribbean, it has been noted that a significant number of people are engaged in paid domestic work. Although it is not possible to provide an exact figure due to the high level of informality in this sector, most of the people involved in this occupation are women. According to data from the International Labor Organization (ILO) as of 2019, it was estimated that women accounted for approximately 91.1% of paid domestic workers in the region.

Based on the information received by the Commission and REDESCA, particularly at the regional thematic hearing on the human rights of women domestic workers held at the 188th session, it is noted with concern how domestic workers experience gender-based violence and multiple obstacles to guaranteeing their ESCER, particularly the right to decent work, trade union rights, social security and health. REDESCA also notes how these deprivations were exacerbated during the Covid-19 pandemic by the significant loss of employment and income and, for those who kept their jobs, by increased work overload and even violations of the right to freedom of movement (with cases of forced confinement and work analogous to slavery).

In this regard, REDESCA notes that 18 States in the region have ratified ILO Convention No. 189 on the specific protection of domestic workers, and that several countries have adopted good practices in this area, such as: minimum remuneration and equal pay for work of equal value, legal breaks and paid vacations, formalization of contracts, maternity leave, social security and retirement, along with a minimum age for domestic employment.

The Office of the Special Rapporteur notes that, despite the progress made, the majority of paid domestic workers in the region face serious challenges to enjoy a life free of discrimination and violence, as well as to guarantee their economic, social, cultural and environmental rights. These challenges persist due to significant gaps in the implementation of the Inter-American normative framework that protects them, as well as regulatory gaps in labor protection, including those related to the implementation of Convention 189. In addition, there is a trend towards the formal disappearance of this workforce due to their inclusion in subcontracting through agencies and digital platforms.

REDESCA highlights that women of African descent, indigenous women, women in situations of human mobility, LGTBI women, older people and girls face greater risk due to the multiple forms of discrimination to which they are exposed. It has been estimated that approximately 63% of domestic workers in the region are of African descent, and for many migrant women, domestic work is the main source of income. In the case of girls, it is worrying to note that some of them are forced to perform domestic work to contribute to the family economy, which is a worrisome form of child labor. This situation exposes girls to various types of violence, including mistreatment, abuse, physical, psychological and sexual violence, neglect and exploitation.

In light of the above, REDESCA calls on the States of the region to urgently adopt effective, comprehensive and differentiated measures to prevent, punish and eradicate violence and discrimination against paid domestic workers, as well as to ensure respect for and guarantee their ESCER, with special attention to their labor and trade union rights, health and social security. In addition, the States of the region that have not yet done so are exhorted to ratify ILO Convention 189.

The Office of the Special Rapporteur on Economic, Social, Cultural and Environmental Rights is an office created by the Inter-American Commission on Human Rights (IACHR) to strengthen the promotion and protection of economic, social, cultural and environmental rights in the Americas, leading the Commission's efforts in this area.

No. RD276/23

9:55 AM