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2 DE ABRIL DE 2015 3

Recalling other relevant international instruments such as the Universal Declaration of Human Rights, the

International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural

Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on

the Elimination of All Forms of Discrimination against Women, the United Nations Convention against

Transnational Organized Crime, and in particular its Protocol to Prevent, Suppress and Punish Trafficking in

Persons, Especially Women and Children and its Protocol against the Smuggling of Migrants by Land, Sea and

Air, the Convention on the Rights of the Child and the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families, and

Having decided upon the adoption of certain proposals concerning decent work for domestic workers, which

is the fourth item on the agenda of the session, and

Having determined that these proposals shall take the form of an international Convention;

adopts this sixteenth day of June of the year two thousand and eleven the following Convention, which may

be cited as the Domestic Workers Convention, 2011.

Article 1

For the purpose of this Convention:

(a) The term “domestic work” means work performed in or for a household or households;

(b) Term “domestic worker” means any person engaged in domestic work within an employment

relationship;

(c) A person who performs domestic work only occasionally or sporadically and not on an occupational basis

is not a domestic worker.

Article 2

1. The Convention applies to all domestic workers.

2. A Member which ratifies this Convention may, after consulting with the most representative organizations

of employers and workers and, where they exist, with organizations representative of domestic workers and those

representative of employers of domestic workers, exclude wholly or partly from its scope:

a) Categories of workers who are otherwise provided with at least equivalent protection;

b) Limited categories of workers in respect of which special problems of a substantial nature arise.

3. Each Member which avails itself of the possibility afforded in the preceding paragraph shall, in its first report

on the application of the Convention under article 22 of the Constitution of the International Labour Organisation,

indicate any particular category of workers thus excluded and the reasons for such exclusion and, in subsequent

reports, specify any measures that may have been taken with a view to extending the application of the

Convention to the workers concerned.

Article 3

1. Each Member shall take measures to ensure the effective promotion and protection of the human rights of

all domestic workers, as set out in this Convention.

2. Each Member shall, in relation to domestic workers, take the measures set out in this Convention to respect,

promote and realize the fundamental principles and rights at work, namely:

a) Freedom of association and the effective recognition of the right to collective bargaining;

b) The elimination of all forms of forced or compulsory labour;

c) The effective abolition of child labour; and

d) The elimination of discrimination in respect of employment and occupation.

3. In taking measures to ensure that domestic workers and employers of domestic workers enjoy freedom of

association and the effective recognition of the right to collective bargaining, Members shall protect the right of

domestic workers and employers of domestic workers to establish and, subject to the rules of the organization