Forced labour, trafficking, and structural exploitation of women migrant workers: International legal perspectives

Abstract

In recent years, migration has contributed to a globalized and gendered division of labour, especially in receiving countries, where women migrant workers are disproportionately concentrated in low-paid, informal, and unprotected sectors. These dynamics expose them to heightened risks of severe forms of exploitation, particularly forced labour, including in the context of trafficking, while simultaneously reinforcing gender stereotypes and discrimination. Against this backdrop, the present article examines the existing legal regime and related practice developed at the international level, notably the CEDAW Committee’s and International Labour Organization’s approaches, while also assessing how these issues are addressed in the European Court of Human Rights’ case law. The article ultimately argues that, since violations of women migrant workers’ rights are rarely episodic and instead reflect systemic forms of exploitation, effective migration governance must combine a gender-sensitive approach with robust labour standards.