Legal Protection for Woman Domestic Workers Based on the International Convention

By Husni, Lalu; Suryani, Ani | Journal of Legal, Ethical and Regulatory Issues, January 1, 2018 | Go to article overview

Legal Protection for Woman Domestic Workers Based on the International Convention


Husni, Lalu, Suryani, Ani, Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

The role of women will increase with the large number of women currently entering the workforce. It indicates the presence of women in the workforce is increasingly important and necessary. This is evident from the increasing number of employers who employ women workers in the company. The reason for this is that women are more conscientious, careful and obedient in carrying out their duties as a worker.

The mobility of labour in Asia can be traced back to colonial era in the early nineteenth century when labour was moved from one place to another to work on construction, plantation and mining projects (Yulius, 2014). The initial form of migration is not limited like what is currently occurring in which immigration regulations require a person to get permission before being able to move across national borders and migrants tend to migrate permanently until they settle in their destination (Hugo, 1992).

Labour migration has a different impact on each country. Impacts emerging in laboursending countries relate to the recruitment process, pre-departure preparation and placement costs. The high rate of unemployment, poverty and dropping out of school created many lowskilled workers looking for work. These people will easily be attracted to work abroad, which promises greater wages for the same job in their own country (International Organization for Migration, 2010).

However, the risks posed to women workers who work in the sector must undergo human right violation, such as the exploitation, discrimination and harsh treatment of the employer (Clíodhna, 2013). The absence of exploitative measures by employers to migrant workers is mentioned as an excessive expectation, since in Europe some terms are commonly mentioned by migrant care practitioners, which are more 'theoretical and illusory' than 'practical and effective' (Lalu, 2015). The forms of discrimination received by some domestic workers include the distinction of class, race, gender and nationality with the country's native citizens (Lalu, 2015). Such distinction is usually made on the basis of the inability of the employer to understand that everyone has the same human rights regardless of the distinguishing matters arising between the employer and the employee.

Protection for workers is needed, including work safety and social security. There should be special attention for women workers because physically women are generally weak. Furthermore, women in the workplace are possible to accept immoral actions and deeds that could endanger the safety as well as its morality, so that it needs to be guarded and prevented. State, as one party in the obligation to provide protection to its citizens, must be able to guarantee legal certainty for domestic workers who are outside its territory.

The attention to women migrant labour is based on several factors such as (1) the increasing number of women working outside the country of origin, (2) the micro and macroeconomic improvements brought in by the remittances they produce and (3) their working characteristics that tend to cause problems, especially for those who work in the informal sector (Yulius, 2014).

From the above explanation, the problems' arising is: How are the legal protection of women's rights as domestic workers according to international convention?

RESEARCH METHODS

By using the statute approach, the research was conducted by reviewing all laws/regulations relating to the issues discussed and the conceptual approach, reviewing the views/concepts of experts relating to the theme of this research.

Legal materials used include primary, secondary and tertiary materials. Data collection technique is done by way of documentation studies, as well as analytical techniques in a perspective analysis.

RESULTS AND DISCUSSION

The problem of domestic worker is not only coming from countries that are in poor areas. Continental Europe is known as the continent with advanced economic development and high sense of egalitarianism, especially for woman domestic worker. …

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