LEGAL PROTECTION FOR DOMESTIC WORKERS OF WOMEN UNDER THE INTERNATIONAL CONVENTION ON HUMAN RIGHTS.

Author:H., Any Suryani
Position:Report - Abstract
 
FREE EXCERPT

INTRODUCTION

Protection for workers is needed, including work safety and social security, because there is special attention for women a worker because physically and generally women are weak. Likewise, the decency of women in the work environment is not covered by possible immoral acts and actions that can endanger their safety and decency so that they need to be guarded and prevented. The state as one of the parties in the obligation to provide protection for its citizens must be able to guarantee legal certainty for domestic workers who are outside their territory (International Organization for Migration, 2010). The practice of illegal recruitment can cause workers to be trapped in a debt-tied situation to go abroad. Often the workforce is not trained properly and does not understand their rights so it is easy to exploit. The countries of destination and transit often face problems with illegal migration, organized criminal networks involving people trafficking and people smuggling and other social problems. The transnational nature of labour migration requires the involvement of sending countries, transit and destination countries to face these challenges (International Organization for Migration, 2010).

Migrate or to try a decent livelihood in another country with the aim of improving the economy of the family does not necessarily be obtained easily. Because some of them must be passed very difficult, some of them must accept actions that are not in accordance with human rights, there are the existence of exploitation, discrimination and harsh treatment of the employer (1).

None of this also became the forerunner of the initial thinking so that an international human rights agreement was made, namely The Universal Declaration of Human Rights on December 10, 1948.

METHOD

This research uses normative legal research, is research conducted on legal principles, legal principles in terms of values (norms), concrete legal rules and legal systems, (Sudikno, 2004) which relate to the material under study related to the issues discussed in the research.

Legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The approach used is the legislative approach and conceptual approach, the analytical technique used is quantitative (Sefriyani, 2017).

RESULT AND DISCUSSION

Domestic workers are one type of the lowest point of the various types of work done by migrant workers, motivated by the type and nature of this work, which is one of the most controversial studies and debates by major academics especially when it will formulate the rules related to the job (Maria & Santos, 2005; Yulius, 2014).

This is related to the social status of domestic workers in which they are covered by their gender, race, legal status as immigrants and characteristics of their home country, moreover the assumption that domestic workers always involve unproductive people (have no certain skill or without education), which led to many of these workers receiving minimal protection by the rules of...

To continue reading

FREE SIGN UP