Women’s equality in the UK – A health check

11.42
11.43
11.44
11.45
At the 2012 UPR examination the Government refused to sign the International Convention on
the Protection of the Rights of All Migrant Workers and Members of Their Families 98 because
the rights of migrant workers are already protected in domestic legislation in the UK, including
the Human Rights Act. 99 The Government believed they have struck the right balance between
the need for a firm, fair and effective immigration system and protection of the interests and
rights of migrant workers and their families. We disagree. (See Article 9 and Appendix: 10 for
more information)
The situation in a time of financial crisis is worse for migrant women. Currently in the UK,
the recession is causing a heightened sense of job insecurity for millions of migrant and
ethnic minority women, and making migrants more vulnerable to abuse. Migrant women are
increasingly providing the infrastructure that enables higher numbers of native-born women
to enter paid employment. However, the unregulated, insecure, and privatised nature of many
migrant women’s work – as cleaners, housekeepers, hotel and tourism staff – leaves migrant
women open to abuse and exploitation. 100
Migrant women are particularly at risk of poor health and safety at work and unfair dismissal.
Knowledge of maternity rights amongst employees is variable and migrant workers face the
additional barrier of language. Government information on entitlement to Maternity Allowance
has significant gaps and inability to access maternity pay can prevent vulnerable migrant
women from taking maternity leave. 101
UK Government policy prohibits those in the asylum process from accessing the labour
market. 102 Women are disproportionately affected by this as evidence shows they wait longer
than men for a conclusive decision on their claim and report less confidence in English
language. 103 Additionally, research shows that when women are granted refugee status, they face
gender-specific barriers to exercising their right to work. 104
Recommendation:
The Government must sign the Convention on the Protection of the Rights of All
Migrant Workers and Members of their Families
98. International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families http://treaties.un.org/Pages/
ViewDetails.aspx?mtdsg_no=IV-13&chapter=4&lang=en
99. Human Rights Act 1998 http://www.legislation.gov.uk/ukpga/1998/42/contents
100. European Social Watch Report (2010) Women’s Poverty and Social Exclusion in the European Union at a time of recession: An invisible
crisis? Oxfam International and the European Women’s Lobby http://www.socialwatch.eu/wcm/womens_poverty_and_social_exclusion.
html
101. Ward, R. (2011) Health and equality impacts of well paid parental leave. Women’s Health and Equality Consortium
and Maternity Action: London http://www.whec.org.uk/wordpress/wp-content/uploads/downloads/2011/10/
HealthandEqualityImpactsofWellPaidParentalLeave20111.pdf
102. If asylum seekers have waited longer than 12 months through no fault of their own for an initial decision on their asylum claim, they may
apply for exceptional permission to work.
103. Mulvey, G. (2011) Refugee Integration in Scotland: Statistical findings from Stage 1. Scottish Refugee Council. www.scottishrefugeecouncil.
org.uk/assets/0000/2285/Refugee_Integration_in_Scotland.pdf
104. Refugee Women’s Strategy Group (2011) The Struggle to Contribute: A report identifying the barriers experienced by refugee women on
their journey to employment in Scotland http://www.gla.ac.uk/media/media_231770_en.pdf
Women’s equality in the UK: CEDAW shadow report 2013 109