https://doi.org/10.37815/rte.v37n1.1276

Original articles

Addressing the Challenges of Female Migrant
Workers Through the Concept of Social Justice

Abordaje de los retos de las trabajadoras migrantes
a través del concepto de Justicia Social

Eda Düzgün1, 2 https://orcid.org/0000-0001-5062-8101

1Department of Political Science and Public Administration, Hacettepe University, Ankara, Türkiye

[email-masked]

2Global Migration Policy Associates (GMPA), Geneva, Switzerland

Sent:       2025/01/22

Accepted:       2025/04/24

Published:       2025/06/30

Abstract

Summary: Introduction, What is Social Justice, Migration and Gender, Conceptualizing Women
Migrant Workers in the Framework of Social Justice, Conclusions.

How to cite: Düzgün, E. (2025).
Addressing the Challenges of Female Migrant Workers Through the Concept of
Social Justice. Revista Tecnológica - Espol, 37(1), 156-173.

https://rte.espol.edu.ec/index.php/tecnologica/article/view/1276

This
study examines the experiences of female migrant workers through the lens of
social justice, analyzing the systemic barriers that hinder their inclusion and
equitable treatment in global labor markets. These workers are
disproportionately concentrated in low-wage, insecure, and informal employment
sectors, where they face intersecting challenges such as gender discrimination,
economic exploitation, racial inequality, and limited access to labor rights.
These structural injustices not only marginalize female migrant workers but
also perpetuate cycles of exclusion and inequality. Adopting an
interdisciplinary and intersectional approach, this article emphasizes the need
to expand social justice frameworks beyond economic redistribution to
incorporate cultural recognition and political inclusion. It argues that
addressing these multidimensional inequalities requires targeted policy
interventions and inclusive labor systems that reflect the lived realities of
migrant women. By integrating global and local perspectives, the study
highlights the importance of fostering equitable opportunities and
strengthening protections for female migrant workers, and challenging broader
societal hierarchies that reinforce exclusion. Ultimately, this research
contributes to the ongoing discourse on migration and social justice by
offering actionable insights into the structural reforms needed to empower
female migrant workers and reduce global inequalities. The findings advocate
for a comprehensive approach that prioritizes human rights, promotes fairness
and dignity, and dismantles the systemic injustices that continue to place this
group at risk of exclusion.

Keywords: Female
migrant workers, gender, migration, labor market inequalities, social justice.

Resumen

Este estudio examina las
experiencias de las trabajadoras migrantes desde la perspectiva de la justicia
social, analizando las barreras sistémicas que dificultan su inclusión y su
trato equitativo en los mercados laborales globales. Estas trabajadoras están
desproporcionadamente representadas en sectores de empleo de bajos salarios,
precarios e informales, donde enfrentan desafíos interseccionales como la
discriminación de género, la explotación económica, la desigualdad racial y el
acceso limitado a los derechos laborales. Estas injusticias estructurales no
solo marginan a las trabajadoras migrantes, sino que también perpetúan ciclos
de exclusión y desigualdad. Adoptando un enfoque interdisciplinario e
interseccional, este artículo enfatizó la necesidad de ampliar los marcos de
justicia social más allá de la redistribución económica para incluir el
reconocimiento cultural y la inclusión política. Sostiene que abordar estas
desigualdades multidimensionales requiere intervenciones políticas específicas
y sistemas laborales inclusivos que reflejen las realidades vividas por las
mujeres migrantes. Al integrar perspectivas globales y locales, el estudio
destacó la importancia de fomentar oportunidades equitativas y fortalecer las
protecciones para las trabajadoras migrantes, al tiempo que aborda las
jerarquías sociales más amplias que refuerzan la exclusión. En última
instancia, esta investigación contribuyó al discurso en curso sobre migración y
justicia social al ofrecer perspectivas prácticas sobre las reformas
estructurales necesarias para empoderar a las trabajadoras migrantes y reducir
las desigualdades globales. Los hallazgos abogan por un enfoque integral que
priorice los derechos humanos, promueva la equidad y la dignidad, y desmantele
las injusticias sistémicas que continúan poniendo a este grupo en riesgo de
exclusión.

Palabras
clave: trabajadoras migrantes, género, migración,
desigualdades en el mercado laboral, justicia social.

Introduction

Unlike
broader notions of justice, social justice is a relatively modern
concept that emerged during the Industrial Revolution, influenced by socialist,
social democratic, and Christian democratic views on societal organization. It
has weak foundations in Anglo-Saxon political thought and is notably absent
from major international instruments, including the UN Charter, the Universal
Declaration of Human Rights (UDHR), and the two core human rights covenants—the
International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and Cultural Rights (ICESCR), both
adopted in 1966. Although frequently referenced in the 1995 Copenhagen
Declaration and Program of Action, it received little attention in the 2000 UN
Millennium Declaration (United Nations, 2006, p. 2). It is not explicitly
mentioned in the 2030 Agenda or its 17 Sustainable Development Goals (SDGs)
(United Nations, 2015). Nevertheless, it is widely recognized that social
justice is embedded across the Goals as a cross-cutting principle. This
underscores the pressing need to integrate social justice more deeply and
directly into global frameworks to effectively combat persistent inequalities
and promote equitable opportunities for all.

As a
conceptual framework, social justice offers critical tools for understanding
and addressing these inequalities. However, its definition remains deeply
contextual, shaped by historical, cultural, and political circumstances. Its
origins can be traced to ancient religious traditions, where social justice
principles appear in the Judaic Old Testament, Christian writings, the Quran,
and other religious philosophies, with early formulations dating back as far as
3,000 years (Thakur, 1996, pp. 29–41). These traditions articulated core
principles of fairness, dignity, and collective well-being, laying the ethical
groundwork for later philosophical and theoretical developments. These
foundational principles shaped the evolution of modern justice theories, particularly
those addressing redistribution and equity. Building on this legacy, early
modern perspectives, such as John Rawls' (1971) theory of justice as fairness,
prioritized economic redistribution as the foundation of justice. While this
approach established a robust theoretical basis for addressing economic
inequalities, it fails to fully address the multifaceted realities of
marginalized groups, particularly female migrant workers. Contemporary
theories, including those advanced by Nancy Fraser (2003), expand the scope of
social justice to encompass cultural recognition, political participation, and
the dismantling of institutionalized oppression. These multidimensional
frameworks are essential for analyzing the intersections of migration, gender,
and labor, providing deeper insights into the structural barriers that
perpetuate inequality.

Migration
and social justice are deeply interconnected, reflecting broader dynamics of
economic inequality, cultural hierarchies, and political representation within
society. As migration has become increasingly recognized as a global
phenomenon, it has transformed economies, redefined borders, and generated
extensive debates on integration, displacement, and the systemic challenges
faced by marginalized populations. Female migrant workers face particular
vulnerabilities, disproportionately concentrated in low-wage and informal
sectors where they encounter intersecting injustices shaped by gender
discrimination, economic exploitation, and racial bias (Hamilton-Jiang et al.,
2022, pp. 2-5). Their experiences reveal persistent structural inequities in
global labor systems.

This study
seeks to examine the challenges faced by female migrant workers through the
lens of social justice, drawing on Fraser's theoretical contributions and
broader feminist perspectives. Focusing on key barriers, including economic
marginalization, restricted labor rights, and political exclusion, the research
develops a comprehensive framework for redefining and implementing social
justice principles to empower this vulnerable population. By centering migrant
women's experiences within contemporary social justice discourse, the study
argues that meaningful progress in this field requires a multidimensional and
intersectional approach.

This study
adopts a conceptual methodology grounded in theoretical analysis of scholarly
literature, international legal frameworks, and institutional reports to
illustrate this approach. By integrating economic, cultural, and political
dimensions, the analysis highlights the importance of comprehensive frameworks
that address material inequalities (such as unequal pay, limited access to
social protection, and exploitative working conditions) while advancing
recognition and representation. This dual focus contributes to the ongoing debate on migration and social
justice and offers concrete policy interventions for fostering equity in
today's interconnected world. These include ratifying ILO Convention C-189 to
improve working conditions for domestic workers (ILO, 2011) and including
migrant women's voices in national policy processes, as highlighted in the UN
Women's Report on racially marginalized migrant women (Hamilton-Jiang et al.,
2022).

What is Social
Justice?

Social
justice, a concept frequently encountered worldwide, lacks a universally
accepted definition. This absence of conception has endowed it with a flexible
structure, enabling its adoption across diverse political discourses.
Consequently, social justice can be examined at various levels of political
discourse and interpreted from different perspectives, further complicating
attempts to establish a universally understood definition. Nevertheless, the
normative roots of social justice can be traced back to political philosophy.
Other disciplines, such as sociology, social psychology, law, legal studies,
and human geography, have significantly contributed to both its theoretical
development and the identification of its core components (Khechen,
2013, p. 1).

The origins
of the term justice in Western civilization can be traced back to the
Judeo-Christian religious tradition. Politically and philosophically, the
concept of justice is prominently featured in Classical Greek
philosophy, particularly in Aristotle's Nicomachean Ethics (Crisp, 2014)
and Plato's The Republic (Reeve, 2004). These works later became
foundational texts for the development of the social sciences and philosophy.
Thinkers such as Karl Marx, Thomas Hobbes, and John Stuart Mill subsequently
expanded on the concept, exploring the requirements for a just society (Sabbagh
& Schmitt, 2016, p. 1). While the concept of justice, often viewed
as a precursor to social justice, has ancient roots, social justice itself is a
distinctly modern term with unique content and scope that diverges
significantly from the justice concepts of antiquity.

To define
the concept of social justice, it is crucial to consider the theoretical
efforts made in this domain. Numerous theories in the literature aim to
conceptualize social justice within a normative framework. Among them, John
Rawls, one of the most influential political philosophers of the second half of
the 20th century, has had a profound impact. Scholars often
associate social justice with Rawls' emphasis on redistribution, framing it as
a central element of his theory. The publication of A Theory of Justice
in 1971 marked a pivotal defense of the welfare state, establishing a
theoretical foundation that contrasted sharply with the rise of neoliberalism
following Margaret Thatcher's election as Prime Minister of the United Kingdom
in 1979 and Ronald Reagan's presidency in the United States in 1980. Rawls'
theory brought egalitarian liberalism, as opposed to utilitarianism, to the
forefront of political theory. He described his approach as justice as
fairness, focusing on the redistribution of basic rights and duties within
social institutions.

Rawls
proposed two fundamental principles to govern a just society. The first is the equal
liberty principle, which asserts that every individual is entitled to equal
basic freedoms. The second, addressing social and economic inequalities,
consists of two conditions: inequalities are permissible only if they are tied
to institutions operating under the fair equality of opportunity principle and
if they benefit the least advantaged members of society, as articulated in the difference
principle, which holds that social and economic inequalities are
justifiable only when they work to the benefit of the most disadvantaged. To
support these principles, Rawls introduced the concepts of the original
position and the veil of ignorance. The latter posits that a just
society ensures a fair distribution of resources necessary for a decent life,
regardless of factors such as socioeconomic, physical, or psychological
conditions. The veil of ignorance requires individuals to determine principles
of justice impartially without knowledge of their personal circumstances
(Mursal & Dong, 2022, p. 5).

Several
scholars have expanded upon Rawls' theory. Beitz (1979, pp. 149–150) extends
the difference principle to the international level, proposing the global
difference principle, which advocates for justice between individuals
worldwide rather than within states alone. Similarly, Barry (1991) contends
that wealthier states must redistribute resources to less affluent ones, though
he acknowledges the general reluctance of individuals to support greater
freedom of movement (Black, 1996, p. 67).

Other
contemporary theorists, such as David Miller, Walter Garrison Runciman, and
William Galston, have also connected social justice
to distribution, focusing on what should be distributed and how. For instance,
Miller links social justice to the distribution of benefits and burdens,
emphasizing their examination within societal contexts (Khechen,
2013, p. 1). Diverging from Rawls, Walzer (1983) suggests that moral
responsibilities extend not only to individuals but also to states and
communities. He likens states to families, asserting that citizens bear moral
obligations toward certain external groups. Once accepted into a state,
individuals should be granted full membership, as a sense of belonging is
essential to social justice (Black, 1996, p. 68).

David
Harvey is a significant contributor to the theorization of social justice,
particularly through his emphasis on its territoriality. According to
Harvey, justice must address inequalities at both individual and regional
levels, ensuring redistribution not only among individuals but also across
groups, organizations, and geographic territories. He underscores the
importance of needs, contributions to the common good, and merit as fundamental
criteria for achieving equitable distribution (Harvey, 1973).

Amartya
Sen's capability approach represents a major contribution to the theorization
of social justice. Sen connects social justice with the development of human
capabilities. While he aligns with John Rawls' concept of justice as fairness,
he critiques Rawls' excessive focus on establishing just institutions. In his
seminal work The Idea of Justice
(2009), Sen shifts the focus toward the impact of these institutions on
individuals' lives and freedoms, emphasizing their outcomes rather than
fairness alone. He first introduced the capability approach in the early 1980s,
notably in Equality of What? (1980)
and further developed it in Commodities
and Capabilities (1985). He later expanded and popularized this framework
in Development as Freedom (1999),
advocating for the recognition of capabilities as fundamental rights. By
broadening the discourse from income poverty to the more encompassing concept
of capability deprivation, Sen introduces a new dimension to social justice
theory. He defines his approach as comparative realization, contrasting it with
the transcendental institutionalism traditionally associated with justice
theories (Osmani, 2010, p. 604).

Subsequent
perspectives on social justice have expanded the concept beyond material
redistribution to include factors such as social participation, political
roles, equality of conditions, and recognition of diverse identities (Pulido,
2022, p. 5). Feminist political philosopher Nancy Fraser delineates two core
dimensions: distributive justice, which focuses on the equitable
allocation of resources and opportunities, and recognition justice,
which prioritizes the acknowledgment and respect of identity, social status,
and cultural diversity (Fraser, 1997). While Fraser acknowledges the importance
of distributive justice, she argues that there is a second form of
inequality—misrecognition— that must also be addressed. She contends that
social justice is undermined not only by economic disparities but also by
hierarchical social structures that privilege certain groups and by unequal
power dynamics. Fraser emphasizes the cyclical nature of social injustices,
noting that inequalities in social participation are both a cause and a
consequence of material injustices (Fraser, 1989, 1997, 2000, 2003). In Scales
of Justice: Reimagining Political Space in a Globalising
World (2008), Fraser identifies three dimensions of social injustice: the
economic (involving the distribution of resources and opportunities), the
cultural and legal (concerning hierarchies such as race and gender), and the
political (addressing representation and participation).

Another
influential theorist who moves beyond the distribution paradigm in defining
social justice is Iris Marion Young. Critiquing the limitations of
distribution-focused approaches, Young contends that social justice must also
involve the elimination of institutionalized domination and oppression. She
highlights the systemic oppression experienced by women and specific racial and
social groups, identifying five distinct faces of oppression: exploitation,
marginalization, powerlessness, cultural imperialism, and violence (Young,
2020).

In
conclusion, social justice has been defined and theorized from several
different perspectives, reflecting a significant evolution in political theory.
Initially centered on economic redistribution, the concept has expanded to
include recognition, addressing cultural diversity and multiculturalism, as
theorized by scholars such as Charles Taylor (1994), Axel Honneth
(1995), and Iris Marion Young (2020), though this article focuses more closely
on Fraser's and Young's contributions. Philosophers like John Rawls emphasize
the redistributive aspect, focusing on economic inequalities, while others have
broadened the discourse to include recognition of cultural diversity.
Consequently, social justice theories can be categorized into two primary
paradigms: the redistribution of resources and the recognition of cultural
differences. As Fraser and her followers argue, these paradigms are not
mutually exclusive but rather complementary. The challenge, then, lies in
integrating these paradigms into a cohesive framework (Khechen,
2013, pp. 2–3). As discussed in this article, a complementary approach to
social justice is particularly crucial for addressing the unique challenges
faced by migrant women workers.

Migration and
Gender

Migration is a phenomenon that has persisted throughout human history.
Among the various theoretical approaches in migration studies, the push-pull
model—originally developed by Everett Lee (1966)—is one of the most frequently
cited. It explains migration as a process influenced by labor demand in
receiving countries (pull) and labor surplus in sending countries (push)
(Yılmaz & Ledwith, 2017, p. 5). However, Lee's model reflects the gender
norms of its time, often portraying men as rational decision-makers and women
and children as passive dependents, a perspective that has since been critiqued
by gender-sensitive scholarship (Lutz, 2019, p. 16). Research shows that women
were active participants in transatlantic migrations and were also recruited
for various industries in West Germany, often exceeding the employment rates of
domestic women. This contradicts the stereotype of non-employed housewives
(Lutz, 2019, p. 16). In addition, individuals fleeing war or political
instability, such as refugees and asylum seekers, are often compelled to seek
employment for survival, making survival, alongside economic factors, one of
the primary drivers of migration (Yılmaz & Ledwith, 2017, p. 37).

Although migration dates back to ancient times,
the 20th century marked a significant transformation, establishing
it as a truly global phenomenon (Lutz, 2019, p. 13). In recent years, migration
has become a critical political issue, fueling debates on integration,
displacement, safety during migration, and border management. Broadly defined,
migration involves the movement of men and women from their usual place of
residence, either within a country or across international borders. This study
focuses on international migration, which refers to the crossing of national
borders with the intent to reside in a host country for an extended period
(IOM, n.d.-a). According to the International Organization for Migration, there
were an estimated 281 million international migrants globally in 2020,
representing 3.6 % of the world's population. Over the past five decades, the
global migrant population has steadily increased (IOM, 2024).

Currently, there are slightly more male
migrants than female migrants worldwide. In 2000, male migrants comprised 50.6
% of the global migrant population, compared to 49.4 % for female migrants (88
million versus 86 million, respectively). By 2020, this ratio shifted to 51.9 %
male and 48.1% female, with 146 million male migrants and 135 million female
migrants (IOM World Migration Report, 2024). Although the proportion of female
migrants has decreased by 1.3 percentage points since 2000, women still account
for nearly half of all international migrants.

Figure 1

Gender Distribution of International Migrants
(2000–2020)

Source: IOM World Migration Report, 2024.

The substantial proportion of female migrants
underscores the necessity of incorporating a gender perspective into migration
studies. This approach is essential for understanding the unique challenges and
experiences faced by migrant women, many of which are closely tied to
gender-based inequalities. However, an assessment conducted by the Migration
Governance Indicators (MGI) across 84 countries revealed that fewer than one in
four countries (23 %) incorporate a gender perspective in their national migration
strategies (IOM, n.d.-b). Neglecting the gender-specific needs of migrants not
only limits their access to equal opportunities but also hinders their ability
to fully contribute to host societies.

The inequalities and injustices faced by female
migrants, particularly in comparison to male migrants, are critical issues that
demand analysis through a social justice lens. The principle of inclusivity
within social justice necessitates the implementation of policies that address
the needs of all individuals, regardless of gender. Moreover, it is imperative
to expand this analysis beyond binary frameworks to acknowledge the unique
struggles of LGBTQ+ individuals. However, this study focuses specifically on
one of the most vulnerable groups, female migrant workers, by analyzing their
experiences from a social justice perspective.

Traditional migration studies in the literature
classify migration into several distinct categories, including voluntary
migration (for example, work, au pair programs, marriage, and professional
training), forced migration (for example, due to political, religious, or
ecological reasons, persecution of LGBTQ+ individuals, displacement caused by
armed conflict or environmental crises, or forced prostitution), betterment
migration (seeking improved living standards), expert or career migration (also
referred to as elite migration), internal and international/intercontinental
migration, as well as permanent, temporary, circular, and transnational
migration (Lutz, 2019, p. 14). However, within these traditional studies,
female migrants were largely neglected for many years, often perceived not as
autonomous agents but as dependents or companions of male' guest workers'—such
as wives, daughters, or caregivers—rather than as migrants in their own right
(Lutz, 2019, p. 16).

Understanding the concept of gender is
essential for analyzing the social injustices faced by migrant women. Gender,
in its broadest sense, refers to a system of historically constructed patterns
of unequal power relations between men and women, encompassing socially defined
notions of masculinity and femininity (Connell, 2013). The term gender
entered academic discourse with Ann Oakley's foundational research in 1972
(Holmes, 2007, p. 42). Additionally, Simone de Beauvoir played a crucial role
in the development of gender studies through her influential work. Her famous
statement, "One is not born, but rather becomes, a woman," emphasizes
the idea that gender is not a biological condition but a socially constructed
identity.

By the 1990s, Judith Butler, an American
feminist philosopher and a prominent figure in queer theory, introduced
transformative perspectives on gender analysis. In her seminal book Gender Trouble, Butler challenged the
conventional distinction between sex and gender, asserting that sex, like
gender, is a socially constructed concept. She replaced the deterministic
notion that biology is destiny with the claim that culture is destiny
(Butler, 1999).

A review of the literature on migration and
women reveals that research focusing on women's experiences began to emerge in
the late 1970s. This scholarly evolution can be traced back through three key
stages. The first stage critiques the male-dominated perspective of migration
studies, calling for the visibility of migrant women. The second stage
investigates the specific roles, challenges, and experiences of women as
migrants. The third stage explores feminist topics such as the construction of
masculinity and femininity, the dynamics of privacy and publicness, and the
power structures within gender relations. Poststructuralist, postcolonial, and
queer theories were especially instrumental in expanding the literature on
migration and gender (Nawyn, 2010, pp. 750-51).

In summary, migration research has undergone a
significant transformation as scholars have increasingly examined the
intersection of migration and gender, influenced by feminist theories on the
social construction of gender. These theoretical developments marked a turning
point in understanding how gender shapes migration at individual, household,
and societal levels. They have also illuminated the ways in which gender
identities, roles, and power relations influence migrant agencies,
decision-making processes, migration patterns, and experiences throughout the
migration cycle (IOM, n.d.-b). Since the late 20th century,
particularly with the rise of feminist scholarship in the 1980s, the field of
migration studies, once dominated by a male-centric lens, has evolved to
incorporate gender as a core analytical framework (Lutz, 2019, p. 2). As a
result, women are now recognized and studied as independent agents within
migration research rather than solely in relation to their male counterparts
(Lutz, 2019, p. 3).

Conceptualizing Women Migrant Workers in the
Framework of Social Justice

Legal Framework for Women Migrant Workers

Women migrant workers face numerous systemic
injustices, including economic exploitation, limited access to labor rights,
and heightened vulnerability to abuse and discrimination— as extensively
documented in field research on female migrant domestic workers, who report
extreme overwork, confinement, and physical abuse—particularly in contexts
where legal protections are weak or unenforced (Amnesty International, 2014;
ILO, 2016). Recognized normative protections and rights for all workers,
particularly those specific to women migrant workers, are essential for
addressing these challenges and advancing social justice. International human
rights laws and labor standards provide a critical framework to uphold these
rights. Key instruments include the United Nations (UN) Convention on the
Elimination of All Forms of Discrimination Against Women (CEDAW) and
International Labour Organization (ILO) Conventions
Nos 111, 189, and 190. These instruments play pivotal roles in ensuring decent
working conditions, safeguarding against workplace harassment, and promoting
gender equality in labor markets worldwide.

Adopted by the UN General Assembly on December
18, 1979, CEDAW is a landmark international treaty that establishes a
comprehensive framework for eliminating gender-based discrimination and
advancing women's rights globally (United Nations, 1979). CEDAW Article 11(1)
affirms women's rights to work, equal employment opportunities, free choice of
profession and vocational training, equal pay, social security benefits, and
healthy and safe working conditions while also providing specific protections
for reproductive health. Additionally, Article 11(2) outlines measures that
must be taken to prevent discrimination against women on the grounds of
marriage or maternity and to ensure their effective right to work (CEDAW,
1979).

Secondly, the ILO's foundational instrument on
non-discrimination, the Convention Concerning Discrimination in Respect of
Employment and Occupation, 1958 (No. 111)—which entered into force on 15
June 1960 and has been widely ratified by member states—establishes the
framework for eliminating workplace inequalities on seven specified grounds,
including sex. In many cases, its provisions are also extended to address
discrimination based on migrant status by ratifying countries (ILO, 1958).

Moreover, two recent ILO conventions—No. 189
and No. 190—play a vital role in safeguarding the rights of women migrant
workers. Adopted in 2011 and entering into force on 5 September 2013, the Convention
Concerning Decent Work for Domestic Workers (No. 189) offers specific
protections for domestic workers. It outlines fundamental rights and principles
and obliges member states to implement measures aimed at ensuring decent work
conditions for this group. As the first international convention to explicitly
address the rights of domestic workers, Convention No. 189 serves as a critical
instrument in advancing the rights of both female and male migrant workers. Its
preamble explicitly acknowledges that domestic work remains undervalued and
largely invisible, predominantly performed by women and girls—many of whom are
migrants or members of marginalized communities—who face heightened risks of
discrimination, exploitative working conditions, and other human rights abuses
(ILO, 2011).

Adopted in 2019 and entering into force on 25
June 2021, the Convention Concerning the Elimination of Violence and
Harassment in the World of Work (No. 190) establishes a comprehensive
framework to prevent and address violence and harassment in professional
settings. Recognizing such acts as violations of human rights and threats to
equality, dignity, and decent work, the Convention emphasizes the creation of a
work culture rooted in mutual respect and human dignity. It promotes an
inclusive, integrated, and gender-responsive approach to tackling the root
causes of violence and harassment, such as gender stereotypes, discrimination,
and imbalanced power relations. Notably, it acknowledges the disproportionate
impact of gender-based violence and harassment on women and girls and
underscores the shared responsibility of governments, employers, and workers in
fostering zero-tolerance environments. Although the Convention does not
explicitly target migrant workers, its provisions are universal in scope, offering
essential protections to vulnerable groups, including migrants, who are often
exposed to elevated risks in precarious labor conditions (ILO, 2019).

Beyond these two conventions, several other
international instruments further strengthen the rights of migrant workers
(ILO, 2011). While this list focuses on key Conventions, it is worth noting
that many are accompanied by Recommendations, which provide
complementary guidance on implementation (ILO 1981; ILO, 1997).

-
Migration
for Employment Convention (Revised), 1949 (No. 97);

-
Migrant
Workers (Supplementary Provisions) Convention, 1975 (No. 143);

-
Workers
with Family Responsibilities Convention, 1981 (No. 156);

-
Private
Employment Agencies Convention, 1997 (No. 181);

-
Employment
Relationship Recommendation, 2006 (No. 198); and

-
The
ILO Multilateral Framework on Labour Migration:
Non-binding Principles and Guidelines for a Rights-Based Approach to Labour Migration (2006).

Associated Recommendations:

-
Workers
with Family Responsibilities Recommendation, 1981 (No. 165)

-
Private
Employment Agencies Recommendation, 1997 (No. 188)

The Violence and Harassment Convention (2019) (No. 190) establishes a
comprehensive framework to prevent and address violence and harassment in the
world of work, recognizing these acts as human rights violations and threats to
equality, dignity, and decent work. The Convention underscores the importance
of fostering a work culture based on mutual respect and human dignity while
advocating for an inclusive, integrated, and gender-responsive approach to
tackle root causes such as gender stereotypes, discrimination, and unequal
power dynamics. It acknowledges the disproportionate impact of gender-based
violence and harassment on women and girls and highlights the shared
responsibility of governments, employers, workers, and their organizations in fostering zero-tolerance
environments.

Importantly, it is the first international
binding treaty to address the effects of domestic violence on employment (ILO,
2019). While it does not explicitly target migrant workers, it refers to the
UN's International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, and Article 11 calls on ratifying states
to ensure that violence and harassment in the world of work are addressed in
relevant national policies, including those related to migration. In addition, the
Convention's provisions are universal, offering crucial protections to all
vulnerable groups, including migrants, who often face increased risks in
precarious work settings. Its accompanying Recommendation No. 206 reinforces
this inclusion, with Paragraph 10 stating, "Members should take
legislative or other measures to protect migrant workers, particularly women
migrant workers, regardless of migrant status, in origin, transit and
destination countries as appropriate from violence and harassment in the world
of work."

Ratification is the formal process by which a
state accepts a convention as a legally binding instrument. In contrast,
recommendations are not subject to ratification and instead provide non-binding
but authoritative guidance.  As with
other international labor standards, Conventions No. 189 and 190 serve as foundational frameworks for the development of
national laws and policies. Upon ratification, these conventions create binding
international legal obligations for the ratifying states (ILO, n.d.-b). ILO's
supervisory system monitors compliance by periodically reviewing whether
ratifying countries are fully implementing the provisions to which they have
committed. The significance of international labor conventions in promoting
social justice for women migrant workers cannot be overstated. These
Conventions, alongside human rights laws, soft-law labor standards, and other
international instruments, serve as essential foundations for developing
concrete, enforceable national laws and policies.

In addition to international labor conventions,
various institutional initiatives and organizational frameworks also contribute
to advancing social justice globally and enhancing its practical visibility.
Among these, the recently established Global Coalition for Social Justice marks
a significant milestone. Launched by ILO's Director-General Gilbert F. Houngbo and endorsed by the Organization in November 2023,
the Global Coalition seeks to address poverty, inequality, and social tensions
while fostering cohesive and productive societies. Rooted in the ILO's
century-long foundational principles, the Global Coalition has received strong
support from leaders across the world, including the UN Secretary-General (ILO,
n.d.-a). The explicit use of the term "social justice" in its name,
along with its inclusive vision, distinguishes it from other initiatives. The
Advancing Social Justice Report (ILO, 2023, pp. 8-9) informs the
Global Coalition's efforts by defining social justice in terms of human
dignity, fairness, equality, and having a voice and the agency to shape one's
own life. It also outlines the ILO's four key dimensions of social justice:
universal human rights and capabilities, equal access to opportunities, fair
distribution, and just transitions.

Beyond the Global Coalition for Social Justice,
other significant institutional initiatives contribute to the visibility and
impact of social justice. These include NGOs such as the Centre for Social
Justice (Centre for Social Justice, n.d.) and UNESCO's Social Justice Chairs
(UNESCO Chair for Comparative Research on Cultural Diversity and Social
Justice, n.d.). Together, these initiatives work to define and operationalize
social justice in meaningful and impactful ways from their respective
perspectives.

In summary, the legal framework for protecting
women migrant workers is grounded in a comprehensive array of international
treaties, including CEDAW and ILO Conventions Nos. 111, 189, and 190, which
provide essential protections for labor rights, workplace equality, and safety.
Also, the Global Coalition for Social Justice and efforts by NGOs collectively
strive to advance social justice on a global scale. Together, these frameworks
establish a robust structure for addressing systemic injustices and promoting
fair and equitable labor conditions for women migrant workers worldwide.

Barriers to Justice for Women Migrant Workers

Since the 1980s, research on international
migration has highlighted the growing number of women migrating independently
as workers. This trend gave rise to the concept of the feminization of
migration, which gained prominence following the publication of a special
issue on women in the International Migration Review in 1984 (Tittensor
& Mansouri, 2017, p. 11). Alongside this, another significant concept
emerged: the feminization of employment. Some scholars argue that the
feminization of labor migration is a defining feature of contemporary global
migration patterns (Piper, 2003, p. 726).

Women are often pushed into roles within
gendered welfare states, driven by care crises, which frequently result in
their concentration in lower-status jobs, such as domestic work or the sex
industry (Piper, 2003, p. 726). This demonstrates how labor markets, shaped by
gender norms, perpetuate discrimination by channeling women into specific types
of work and denying them voice and agency. These patterns show that the concept
of "feminization of migration" reflects not just a rise in numbers but
structural gender inequalities within global labor markets.

In 2019, there were approximately 70 million
female migrant workers, accounting for 41.5% of the total international migrant
workforce. Despite this substantial figure, men continued to outnumber women
among migrant workers, representing 58.5% of this labor group. These figures
refer solely to international migrant workers, as reported by the International
Labour Organization (ILO, 2021-a, pp. 21–22), and
should be distinguished from broader migrant population data such as the IOM's
2024 report, which states that men accounted for 51.9% of all international
migrants in 2020. The lower representation of women among international migrant
workers can be attributed to two primary factors: (1) a smaller proportion of
working-age women within the migrant population and (2) lower labor force
participation rates among female migrants compared to their male counterparts.
Many women migrate for family-related reasons rather than for work and
encounter additional barriers such as gender discrimination, limited social networks,
and challenges in balancing work and family life. These obstacles contribute to
their lower participation rates in both migration and the labor market.

Figure 2

Global labor force participation
rate of international migrants and non-migrants by sex, 2022 (percentage)

Source: ILO, 2022 Global Estimates on International
Migrant Workers, Figure ES4.

A common challenge for women migrant workers is
their confinement to low-skilled, low-paid, and informal jobs, particularly in
undervalued care services (Piper, 2003, p. 726). Globally, women constitute
over 80% of the workforce in domestic and care work. While men also work in
domestic roles, particularly as gardeners, drivers, security staff, or butlers,
women dominate the field (Yılmaz & Ledwith, 2017, p. 11).

In the Global North, the increasing demand for
domestic and care services is primarily met by low-cost, flexible female labor
from economically struggling non-Western countries. Consequently, female
migrant workers are heavily concentrated in these sectors. This trend referred
as the maid trade (Carling, 2005; Yılmaz & Ledwith, 2017, p. 8), international
division of reproductive labor (Parreñas, 2001, p. 561), global nanny
chain (Hochschild, 2000, p. 33) or transnational political economy of
care (Williams, 2012, p. 364; Gallo & Scrinzi,
2016, p. 1) exposes workers to gender-specific challenges, including limited
access to information, social protection, and governance frameworks. These
challenges further impede their ability to secure decent work and exercise
labor rights.

Figure 3

Distribution of employed
international migrants by sex and broad category of economic activity, 2022
(percentage)

Source: ILO, 2022 Global Estimates on International
Migrant Workers, Figure ES9.

They are especially vulnerable to exploitation,
such as trafficking for sexual purposes, and are subjected to various abuses,
including physical, psychological, and sexual violence, excessive working hours
without fair compensation, and outright wage theft. For example, a recent
survey of migrant women in Australia revealed that 51% had experienced
workplace sexual harassment. However, fear of jeopardizing their immigration
status or facing punitive actions deterred most of them from reporting these
incidents (Herbert & Thorne, 2024). Moreover, restricted access to health
and education services, coupled with family separation, profoundly affects
their well-being and that of their children (UN Women, 2016, p. 10). Finally,
the discrimination faced by female migrant workers in the domestic and care
work sector often intersects with race and class, as white, middle-class
professional women frequently delegate caregiving roles to migrant women from
the Global South. (Dedeoglu, 2014, pp. 27–28).

The discrimination faced by migrant women
workers is not limited to the domestic and care work sector. Other service
sectors also employ a significant number of migrant women who encounter low job
security, high flexibility, irregular employment, poor working conditions, low
wages, and minimal social prestige (Dedeoglu, 2014,
pp. 27–28). Another significant sector employing migrant women is
manufacturing. Globalization has intensified competition among countries to
provide corporations with the most affordable and compliant labor, driving
substantial demand for female migrant workers (Oishi, 2005, p. 3).
Additionally, international criminal networks have expanded the global sex
industry, further increasing the demand for migrant women (Oishi, 2005, p.
4). This has created yet another sector where migrant women face numerous
challenges, including violence, exploitation, and oppression.

As these examples illustrate, female migrants
experience various forms of injustice in the labor market. Being largely
confined to low-wage, insecure jobs and subjected to multiple forms of
exploitation underscores the fact that social justice remains unachieved in
this domain. To address these issues, inclusive and multidimensional policies
are essential to ensure social justice for migrant women in the labor market.

For example, the theory of social justice
advanced by Nancy Fraser (2003) provides a valuable framework for addressing
these issues. Fraser's conceptualization of social justice emphasizes the
intersection of economic inequalities, cultural hierarchies, and political
underrepresentation. The injustices faced by migrant women are evident across
all three dimensions outlined by Fraser. Her concept of distributive justice
highlights how migrant women are often relegated to low-wage, insecure, and
temporary jobs, depriving them of equitable access to economic opportunities.
Similarly, her notion of recognition justice addresses the systemic disregard
for the social status of migrant women, who are frequently marginalized based
on their gender and ethnicity. These women are often classified as part of the lower
class in societies dominated by white, middle-class men, rendering them
invisible in both the labor market and broader social structures. Furthermore,
Fraser's concept of political justice underscores the lack of political
representation for migrant women, who are frequently excluded from platforms
and decision-making spaces that could allow them to advocate for their rights.
Political inequalities are also evident in their underrepresentation in trade
union structures. In Asia and the Pacific, for example, women represent only
34.1% of trade union membership, significantly below the global average of
42.4%, illustrating the structural barriers that limit their political agency
and collective bargaining power (ILO, 2021-b, p. xxiv).

Moreover, the four dimensions of social justice
outlined in the ILO Director-General's 2023 report—universal human rights and
capabilities, equal access to opportunities, fair distribution, and just
transitions—can be meaningfully mapped onto Fraser's triadic model. For
instance, fair distribution aligns
with Fraser's distributive justice; equal
access and capabilities intersect with both recognition and political
justice, while just transitions speak
to the institutional changes required to ensure full political inclusion.

In this context, Fraser's social justice
framework serves as a critical tool for identifying the root causes of the
multifaceted injustices faced by migrant women and for proposing pathways
toward a more equitable and inclusive society. For example, the Swiss canton of
Geneva has implemented a voucher system to regularize domestic work and extend
social protection coverage to migrant women, even those with irregular status,
thereby advancing distributive justice in practice. Similarly, regularization
initiatives in Italy and a bi-national agreement between Paraguay and Argentina
demonstrate how distributive and political justice can be pursued through
inclusive labor policies (ILO, 2015, pp. 6–9).

Conclusions

Social justice, as a framework, offers critical insights into addressing
the systemic barriers faced by female migrant workers. This article has
illuminated the intersection of migration, gender, and labor through the lens
of social justice, highlighting the economic, cultural, and political
inequalities that perpetuate exclusion and marginalization. By emphasizing the
disproportionate representation of female migrant workers in low-wage,
insecure, and informal employment sectors, this study underscores the urgent
need for inclusive policies and practices that promote fairness, dignity, and
equity in global labor markets.

The analysis presented here advocates for a multidimensional approach to
social justice that transcends economic redistribution to encompass cultural
recognition and political inclusion. Such an approach is essential for
dismantling the structural hierarchies that impede the social and economic
empowerment of female migrant workers. Addressing these intersecting
inequalities requires global and local frameworks that not only acknowledge but
actively work to eliminate the discriminatory practices that act as structural
barriers to justice—such as gendered labor segregation and exclusion from
decision-making—and instead promote positive measures aligned with Fraser's
model, including recognition of cultural identities, equitable distribution of
labor protections, and enhanced political participation. Moreover, these
frameworks must prioritize actionable measures, including robust legal
protections, inclusive labor rights, and platforms for political
representation, to ensure that female migrant workers are equipped with the
tools necessary for meaningful participation in society.

This article also emphasizes the importance of integrating diverse
perspectives into migration studies, particularly those of marginalized groups
such as LGBTQ+ individuals, who often face compounded vulnerabilities. While
this study has focused specifically on female migrant workers, adopting a
broader lens that encompasses varied gender identities would enrich the
discourse and contribute to more comprehensive solutions.

Ultimately, achieving social justice for female migrant workers requires
sustained engagement and collaboration among policymakers, academics, and civil
society, and crucially, with women migrant workers representatives themselves.
By addressing the root causes of systemic injustices and implementing holistic
strategies, it is possible to foster equitable opportunities and empower those
most at risk of exclusion. This research calls for continued exploration of
migration and social justice, with the hope of inspiring transformative change
that upholds dignity, rights, and equity for all individuals, regardless of
their sex, in the global labor markets.

Acknowledgments

The author wishes to
express gratitude to Patrick Taran, President of Global Migration Policy
Associates (GMPA), and Olga Kadysheva, GMPA
Associate, for their invaluable guidance and support in the development of this
article.

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