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Abused Domestic Workers in Europe: the Case of Au Pairs

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Abused Domestic Workers in Europe: the Case of Au Pairs DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT C: CITIZENS' RIGHTS AND CONSTITUTIONAL AFFAIRES GENDER EQUALITY Abused Domestic Workers in Europe: The case of au pairs STUDY Abstract This study analyses au pair arrangements in six EU Member States (Denmark, Germany, Ireland, the Netherlands, Poland and Spain) through descriptions of national and international legal frameworks and practices of au pairing. The findings show different patterns of au pair migration and different situations of au pairing as well as different strategies to protect the au pairs. The overall recommendation is to separate current au pair immigration into two programmes: one of cultural exchange and one of domestic and care work. PE 453.209 EN This document was requested by the European Parliament's Committee on Women's Rights and Gender Equality. AUTHOR Dr Helle STENUM, in cooperation with Professor, Dr Hanne Marlene Dahl, who has read and commented on the report. Research assistants: Anne HALD PETERSEN and Taia NYSTED SCHØTT. RESPONSIBLE ADMINISTRATOR Claire GENTA Policy Department C - Citizens' Rights and Constitutional Affairs European Parliament B-1047 Brussels E-mail: [email protected] LINGUISTIC VERSIONS Original: EN ABOUT THE EDITOR To contact the Policy Department or to subscribe to its newsletter please write to: [email protected] Manuscrit completed in October 2011. Brussels, © European Parliament, 2011. This document is available on the Internet at: http://www.europarl.europa.eu/studies DISCLAIMER The opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. Reproduction and translation for non-commercial purposes are authorized, provided the source is acknowledged and the publisher is given prior notice and sent a copy. Abused Domestic Workers in Europe: the case of au pairs CONTENTS CONTENTS 3 LIST OF ABBREVIATIONS 5 LIST OF TABLES 7 EXECUTIVE SUMMARY 8 INTRODUCTION 13 1. INTERNATIONAL REGULATION OF AU PAIR MIGRATION 22 1.1. International regulation of au pair migration: Council of Europe, EU and ILO 23 1.1.1. Council of Europe: European Agreement on ‘au pair’ Placement (1969) and Recommendation (2004) 23 1.1.2. EU and au pair regulation 26 1.1.3. ILO – Decent work for Domestic Workers 29 1.1.4. International organisations 31 2. AU PAIR AND THE PHILIPPINES 33 2.1. Au pair migration and the Philippines 34 2.1.1. Philippine ban on au pair migration 34 2.1.2. 2010: Lifting the au pair ban for some European countries. 35 2.1.3. Bilateral agreements 36 2.2. Au pair migration from the Philippines nowadays: division between legal and illegal emigration, and between allowing entry or not allowing entry of Filipino au pairs 41 3. CASE STUDIES: AU PAIRS IN DENMARK, GERMANY, IRELAND, tHE NETHERLANDS, POLAND AND SPAIN 42 3.1. Au pairs in Denmark 46 3.1.1. Context of welfare, gender and migration 47 3.1.2. Au pair regulation 49 3.1.3. Statistics 53 3.1.4. Stakeholders in the au pair field 54 3.1.5. Abuse, counselling, shelters, cases 57 3.2. Au pairs in Germany 62 3.2.1. Context of welfare, gender and migration 63 3.2.2. Au pair regulations 66 3.2.3. Statistics 70 3.2.4. Stakeholders in the au pair field 71 3 Policy Department C: Citizens' Rights and Constitutional Affairs 3.2.5. Abuse, counselling, shelters, cases 76 3.3. Au pairs in Ireland 78 3.3.1. Context of welfare, gender and migration 79 3.3.2. Au Pair regulation 84 3.3.3. Statistics 86 3.3.4. Stakeholders in the au pair field 86 3.3.5. Abuse, counselling, shelters, cases 88 3.4. Au pairs in the Netherlands 89 3.4.1. Context of welfare, gender and migration 90 3.4.2. Au pair regulations 92 3.4.3. Statistics 96 3.4.4. Stakeholders in the au pair field 97 3.4.5. Abuse, counselling, shelters, cases 100 3.5. Au pairs in Poland 103 3.5.1. Context of welfare, gender and migration 103 3.5.2. Stakeholders in the au pair field 105 3.6. Au pairs in Spain 105 3.6.1. Context of welfare, gender and migration 105 3.6.2. Au pair regulation 107 3.6.3. Statistics 110 3.6.4. Stakeholders in the au pair field 110 3.6.5. Abuse, counselling, shelters, cases 110 4. DISCUSSIONS AND RECOMMENDATIONS 111 4.1. Differences between EU and non-EU au pairs 111 4.2. Statistics, variation in rules and cultural images of the au- Pair within the EU 113 4.3. Different strategies to protect the au pair 114 4.4. International regulation and the European Agreement on au pair placement 116 4.5. Extending au pair schemes? 116 5. RECOMMENDATIONS 118 REFERENCES 123 4 Abused Domestic Workers in Europe: the case of au pairs LIST OF ABBREVIATIONS A8 Accession countries CSO Civil Society Organisation BMFSFJ Bundesministerium für Familie, Senioren, Frauen und Jugend CDCS European Committee for Social Cohesion CEDAW Committee on the Elimination of Discrimination against Women DRC Danish Refugee Council ECAPS European Committee for Au Pair Standards FOA Fag Og Arbejde (Trade and Labour) FNV Federatie Nederlandse Vakbeweging (Dutch Trade Union IAPA Federation) ILO International Au Pair Association INAPA International Labour Organisation IND Irish National Au Pair association INS Immigratie- en Naturalisatiedienst / IDWN Immigration and Naturalisation Service ITUC The International Domestic Workers’ Network KIT Irish Trade Union Confederation KOK Kirkernes Integrationstjeneste (The Church Integration Ministry) Bundesweiter Koordinierungskreis gegen Frauenhandel und Gewalt an Frauen im Migrationsprozess e.V. (The German KULU nationwide activist coordination group combating trafficking in women and violence against women in the process of MRCI migration) NAPO Kvindernes Ulandsudvalg (Women and Development Network) NBI Migrants Rights Centre NGO The Netherlands Au Pair Organisation OWWA National Bureau of Investigation PDOS POEA Non-governmental Organisation SFI Overseas Workers Welfare Agency 5 Policy Department C: Citizens' Rights and Constitutional Affairs VIJ Pre-Departure-Orientation Seminar Philippines Overseas Employment Administration Danish Social Research Institute Verein für Internationalen Jugendarbeit 6 Abused Domestic Workers in Europe: the case of au pairs LIST OF TABLES Table 1: Employment rates between 2003 and 2008 .................................................. 16 Table 2: Part-time employment and significance of parenthood among women .............. 17 Table 3: Hours spent in formal childcare / other arrangements .................................... 18 Table 4: Average hours spent weekly on domestic work .............................................. 19 Table 5: ILO data on numbers of domestic workers .................................................... 20 Table 6: Denmark: Au pair residence permits 2004-2010 ............................................ 53 Table 7: The share of au pairs from the Philippines .................................................... 53 Table 8: Hot line: January - March 2011 statistics ...................................................... 60 Table 9: Germany: Major countries of au pair visa issued 2001-2003 ........................... 70 Table 10: Germany: Major countries of au pair visa issued 2004-2009 .......................... 72 Table 11: The Netherlands: Residence permits to stay as an au pair ............................. 97 7 Policy Department C: Citizens' Rights and Constitutional Affairs EXECUTIVE SUMMARY Key Findings The Council of Europe’s 1969 European Agreement on Au Pair Placement cannot be characterized as a strong mechanism for the international regulation of au pair migration. The findings in the six case studies show different patterns of au pair migration in the selected EU countries and radically different situations of au pairing as well as different strategies to protect the au pair A dividing line runs between au pairs coming from EU Member States and au pairs coming from non-EU countries, especially from less affluent parts of the world. The nature of the specific immigration regulation varies between the three countries that allow third country nationals as au pairs According to EU law, EU citizens employed as au pairs are mobile EU workers, but non-EU au pairs stay under precarious circumstances Compared to the overall numbers of migrant domestic workers in the EU, the number of au pairs is still small, but the actual total number of persons employed as au pairs is not known In 1998 the Philippines issued a ban on au pair migration to Europe to protect Filipinos against abuse as domestic labours. EU countries responded differently to the Philippine ban on emigration. Since 1998 Filipinos have in some European countries been among the major nationalities of third country au pairs. In 2010 bilateral agreements with the Philippines have changed in some countries the status of Filipino au pair migrants. During the last decade some of the increasing number of au pair agencies in Europe have organised themselves in international and national associations. A tendency is found to extend the concept of host family to include elderly people and to perceive au pairs as cheap domestic and care workers. 8 Abused Domestic Workers in Europe: the case of au pairs Background The study was commissioned by the Committee on Women's Rights and Gender Equality of the European Parliament. The terms were established on the basis of an acknowledgement that some European countries hardly recognize the presence of migrant domestic workers and the existing high demand for their services and their positive contribution to the economic welfare
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