The continuum of exploitation that has historically defined the everyday of domestic work - exclusion from employment and social security standards and precarious migration status – has frequently been neglected. It is primarily the moments of crisis, incidents of human trafficking, slavery or forced labour, that have captured the attention of human rights law. Only recently has human rights law has begun to address the structured inequalities and exclusions that define the domain of domestic work.
This book addresses the specific position of domestic workers in the context of evolving human rights norms. Drawing upon a broad range of case studies, this book presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights on ‘primary care providers’, as well as the effect that trends in migration law have on migrant domestic workers.
This volume will be of interest to lawyers, academics and policy makers in the fields of human rights, migration, and gender studies.
1. Introduction, Siobhán Mullally 2. Care or Work: the Tyranny of Categories, Ann Stewart 3. Care Work in the European Court of Human Rights’ Case-Law: Beyond Servitude and Forced Labour?, Fulvia Staiano 4. Migrant Domestic Workers in the UK: Enacting Exclusions, Exemptions and Rights, Siobhán Mullally and Clíodhna Murphy 5. Obstacles to Claiming Rights: Migrant Domestic Workers in Asia’s World City, Hong Kong, Nicole Constable 6. Access to Justice for Undocumented Migrant Domestic Workers in Europe: the Consequences of Constructed Illegality, Clíodhna Murphy 7. Traditions, Law and Practice: Migrant Domestic Workers in Lebanon, Gulnara Shahinian 8. Migrant Filipino Domestic Workers in Pakistan; Agency, Rights and the Limits of Law, Ayesha Shahid
This series contains thought-provoking and original scholarship on human rights law. The books address civil and political rights as well as social, cultural and economic rights, and explore international, regional and domestic legal orders. The legal status, content, obligations and application of specific rights will be analysed as well as treaties, mechanisms and institutions designed to promote and protect rights.