Diplomatic immunity and the vulnerable slideshare upload

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ISMAIL IDOWU SALIH - PHD CANDIDATE & LECTURER IN

WHO ARE DOMESTIC WORKERS

 The International Labour Organisation defines
domestic workers as ‘wage earner working in a
private household under whatever method and
period of remuneration, who may be employed by
one or several employers, and who receives no
pecuniary gain from this work’ (ILO, 2009: 1).
 ‘Domestic workers may include cleaners,
chauffeurs, gardeners, and cooks, those carrying
out personal care for the employer or a member of
the employer's family and nannies, if they are
providing a personal service relating to the running
of the employer's household’ (UKBA, 2012).

DILEMMAS OF DOMESTIC
WORKERS
 ‘Work in the private household is
different when compared to work in
other workplaces
 Migrant Domestic Workers (MDWs)
are prone to series of abuses and
exploitation and they could
‘experience a degree of vulnerability
that is unparalleled to that of other
workers’ (Blackett, 1998, p.5).

DILEMMAS OF DOMESTIC
WORKERS
 MDWs are unprotected under the Health and
Safety at Work Act 1972
 ‘’My Lords, I am very grateful to all noble
Lords speaking in this debate today on a
subject that demands our attention both for
the heart-rending predicament of many
domestic migrant workers and for the urgent
need for action to remedy the situation, which
renders them vulnerable to exploitation and
abuse.’’ (Baroness Cox, House of Lords Debate 2011)

THE DILEMMAS OF MDWs

 Unprotected under Part III of the Working Time
Regulations 1998.
Sindicato de Médicos de Asistencia Publica (SIMAP) v
Conselleria de Sanidad y Consumo de la Generalidad
Valenciana: C-303/98 Applied in Gallagher v. Alpha
Catering Services Ltd (t/a Alpha Flight Services) [2004]
EWCA Civ 1559.
 Under Regulation 2(2) (ii) of the National
Minimum Wage Regulations 1999 MDWs are
not entitled to minimum wages.
Julio v Jose UKEAT/0553/10/DM

DOMESTIC WORKERS IN PRIVATE
HOUSEHOLDS
 Usually Migrants.
 From April 2012 – Could come to UK
for a maximum period of Six Months.
 Unable to Change Employer.
 Structured Entitlements in the UK.
 Highly Protected Workplace.
 Restricted Access to Justice.

DOMESTIC WORKERS IN DIPLOMATIC
HOUSEHOLDS
 Usually Migrants
 Visas issued under the Vienna
Convention on Diplomatic Immunity
 Structured Entitlements in the UK
 Highly Protected Workplace
 Immunity - Hindrance to Justice
 Immunity - Hindrance to enforce
judgement

DOMESTIC WORKERS IN
DIPLOMATIC HOUSEHOLDS

DIPLOMATIC
IMMUNITY

JUSTICE
SEEKER

IMMUNITY LEGAL
FRAMEWORK
Some of the significant international
treaties includes:
The Vienna Convention on
Diplomatic Relations (VCDR) 1961
The Vienna Convention on Consular
Relations (VCCR) 1963
The Vienna Convention on the Law
of Treaties (VCLT)1969
The European Convention on State
Immunity (ECSI)1972

UNRESOLVED PROBLEMS
 Even where immunity does not bar UK Courts
jurisdiction, it is still difficult of enforce awards
1. The Lugano Convention on jurisdiction and the enforcement of
judgments in civil and commercial matters 1988
2. Article 32(4) VCDR 1961 – a separate waiver shall be necessary
for the enforcement of judgement.
 Foreign and Commonwealth Office can only
appeal to the foreign mission to co-operate. In
difficult situation, declare the diplomat persona non
grata.
 Name and shame has not been helpful
 Immigration Rules unhelpful

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