Care, Migration and Human Rights

Abstract

International labour migration has expanded across the globe creating new migration patterns within countries in the southern hemisphere. Domestic service is one such informal labour sector where international labour migration is taking place. This large-scale transnational labour migration from Southeast Asian nations, in particular, is due to an increased demand for domestic and care workers in the service industries of countries in the northern and southern hemisphere. Domestic service has become one of the key drivers of female labour migration. Hochschild refers to this type of migration as ‘care drain’, in which women from Third World countries leave their own children in the care of female relatives back home and migrate to care for the children and households of professional women in the West to support their own families. The intimacy that often characterizes the relationship between the employer and the domestic worker makes her seem like a family member – not a worker. This sense of intimacy can be misleading, however, as the relationship between the domestic worker and the employer is characterized by a difference of status, resources and power. According to an estimate given by the International Labour Organization (hereinafter referred to as ILO), domestic work constitutes one of the largest, yet least visible service industries in the world. The increase in female migration and the nature of domestic work constitutes a major challenge to the protection of the human and labour rights of domestic workers. As domestic work is performed within the privacy of the home, it is frequently excluded from the scope of labour legislation. Human Rights Watch has stated that almost 30 per cent of the world’s domestic workers are employed in countries where they are excluded from national labour laws, including weekly rest days, limits to hours of work, minimum wage coverage and overtime pay. Even when partially covered, domestic workers are often excluded from key protections such as minimum age requirements, maternity leave, social security and occupational health measures. Historically, performing domestic service for another’s household has been an important way of earning a livelihood for women. Affluent families in both developing and developed countries engage both local and migrant women domestic workers. In recent years, Pakistan has become an employment destination for migrant Filipino domestic workers (hereinafter referred to as MFDWs), who are being employed by affluent Pakistani households, despite the presence of a large number of Pakistani female domestic workers available to take such positions. The employment of MFDWs is increasingly a marker of status and affluence, reflecting the racialized and class hierarchies that continue to infuse the sphere of domestic work, both in Pakistan and elsewhere. Based on a small, exploratory, sample qualitative study of the lived experiences of MFDWs, this chapter addresses the question of whether international human rights and labour standards can provide protection and empowerment to MFDWs. Drawing upon the feminist concept of ‘women’s agency’, this chapter examines the extent to which law reforms, drawing upon evolving human rights standards, can support migrant domestic workers’ capacity for agency, and more effective implementation of decent work standards.