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Legal Protection for Migrant Domestic Workers in Asia and the Arab States
Migrant domestic workers (also known as foreign home care workers, foreign domestic workers,foreign domestic helpers, transnational domestic workers, foreign domestic employees, overseas domestic workers and domestic migrant workers) are, according to the International Labour Organization’s Convention No. 189 and the International Organization for Migration, any persons “moving to another country or region to better their material or social conditions and improve the prospect for themselves or their family,”[1] engaged in a work relationship performing “in or for a household or households.”[2] Domestic work itself can cover a "wide range of tasks and services that vary from country to country and that can be different depending on the age, gender, ethnic background and migration status of the workers concerned These particular workers have been identified by some academics as situated within "the rapid growth of paid domestic labor, the feminization of transnational migration, and the development of new public spheres Prominent discussions on the topic include the status of these workers, motivations for becoming one, recruitment and employment practices in the field, and various measures being undertaken to change the conditions of domestic work among migrants. The status of migrant domestic workers is unique in the field of labor, due to the site of their employment: the home. The domestic sphere, by definition, “is imagined as a place for private individuals, not political or indeed market actors.”[5] Due to their embeddedness in what can be considered the “private sphere”, some analysts have gone so far as to equate domestic laborers with members of the employers’ families, a dynamic made all the more complex by these workers' status as migrants.[6] Historically, they have not been regarded as the same form of labor as manufacturers or doctors. From the end of the Second World War until the mid-1980s, for instance, “most ILO Conventions explicitly excluded domestic workers from the protections afforded by most employment Conventions. The lack of knowledge concerning the composition of this workforce has been attributed to this historical lack of attention and advocacy. Current estimates place the number of domestics anywhere between 53 and 100 million The ILO, in 2010, projected the following distribution of domestic workers throughout the world:
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