dc.contributor.advisor |
Kelsey, Jane |
|
dc.contributor.advisor |
Norton, Jane |
|
dc.contributor.author |
Henderson, Sophie |
|
dc.date.accessioned |
2020-12-15T21:07:13Z |
|
dc.date.available |
2020-12-15T21:07:13Z |
|
dc.date.issued |
2020 |
en |
dc.identifier.uri |
https://hdl.handle.net/2292/54049 |
|
dc.description.abstract |
As two of the leading labour-sending states in Asia, the Philippines and Sri Lanka
have come to increasingly rely on the foreign employment of women migrant
domestic workers and the subsequent inflow of their remittances. This thesis
examines whether both governments are prioritising a market-driven approach to
migration above the protection of the rights of women migrant domestic workers at
three distinct stages of the migration cycle: pre-departure, employment in the host
country, and on return. In doing so, it assesses the extent to which their domestic legal
frameworks are protecting such workers against rights violations and exploitation, on
paper and in practice, by reference to standards established by three international
conventions: the International Labour Organization’s Decent Work for Domestic
Workers Convention, the Convention on the Elimination of All Forms of
Discrimination Against Women, and the International Convention on the Protection
of the Rights of All Migrant Workers and Members of Their Families.
This thesis uses a theoretical matrix comprising four different elements, which have
intrinsic tensions: political economy with structural violence; and rights and gender.
This matrix is employed to highlight the contradictory policy priorities evident in the
overseas employment programme for women migrant domestic workers in the
Philippines and Sri Lanka. The need to facilitate overseas employment to compete for
a greater share of the global labour market conflicts with both governments’
obligations to safeguard rights and gender protections under international law.
The thesis proposes that a gender-informed rights-based approach is crucial to
effectively safeguard women migrant domestic workers against exploitation
throughout the entire migration cycle. However, it questions whether the
implementation of such an approach is achievable in the face of entrenched structural
pressures that prompt sending states to promote labour export to the detriment of their
commitments under international law. It identifies three transformative measures that
can be used to pressure both states into taking on a more active role in protecting and
defending the rights of women migrant domestic workers in an era of neoliberal
globalisation. |
|
dc.publisher |
ResearchSpace@Auckland |
en |
dc.relation.ispartof |
PhD Thesis - University of Auckland |
en |
dc.relation.isreferencedby |
UoA |
en |
dc.rights |
Items in ResearchSpace are protected by copyright, with all rights reserved, unless otherwise indicated. |
en |
dc.rights |
Items in ResearchSpace are protected by copyright, with all rights reserved, unless otherwise indicated. |
|
dc.rights.uri |
https://researchspace.auckland.ac.nz/docs/uoa-docs/rights.htm |
en |
dc.rights.uri |
http://creativecommons.org/licenses/by-nc-sa/3.0/nz/ |
|
dc.title |
The Legal Protection of Women Migrant Domestic Workers: A Comparative Analysis of the Philippines and Sri Lanka |
|
dc.type |
Thesis |
en |
thesis.degree.discipline |
Law |
|
thesis.degree.grantor |
The University of Auckland |
en |
thesis.degree.level |
Doctoral |
en |
thesis.degree.name |
PhD |
en |
dc.date.updated |
2020-11-24T16:17:44Z |
|
dc.rights.holder |
Copyright: The author |
en |
dc.rights.accessrights |
http://purl.org/eprint/accessRights/OpenAccess |
en |
dc.identifier.wikidata |
Q112952318 |
|