- Understand the concepts of sex, gender, gender identity and sexual orientation
- Understand the elements of a gender-responsive migration policy
- Understand gendered risks of exploitation and abuse
- Understand how gender impacts the drivers and experiences of migration, including access to social protection and health services
Summary
Learning Objective
Learning objectives
Introduction
Gender in the context of migration
The population of migrants has been almost evenly split in terms of adult and child migrants of all genders for some years. Men and boys make up 52 per cent of all migrants while women and girls account for 48 per cent (United Nations Department of Economic and Social Affairs [UN DESA], 2020). Recent migration has seen an increase in the percentage of men and boys in high-income countries, while low-income countries received more female migrants between 2000 and 2020 (UN DESA, 2020). However, both Europe and Northern America witnessed an increase in the number of female migrants, growing more rapidly than the number of male migrants over the past decades (see The global context of migration).
Image / Video
Figure 1. Proportion of male and female migrants per region
Source
UN DESA, 2020.
Sex, gender, gender identity and sexual orientation all interact with migration and the experiences of migrants.
Glossary
gender
The socially constructed roles and relationships, personality traits, attitudes, behaviours, values, relative power and influence that society ascribes to males and females on a differential basis. Gender is relational and refers not simply to women or men, but to the relationship between them.
Gender is different to “sex” which refers to the biological differences between men, women and intersex persons. Gender does not necessarily correspond to the sex a person is assigned with at birth or the gender attributed to them by society.
Different gender groups have access to different rights, responsibilities and opportunities, and these differences are often intensified when people move. The gender of a migrant (in addition to other interacting factors such as race, age and education) is usually a stronger influence on those differences than the migrant’s sex. To ensure that all migrants have equal rights, responsibilities and opportunities, then, it is most important to focus on gender equality in migration. Debates on this issue often focus on women and girls as they, as a group, have been seen to be most disadvantaged by gender inequality. However, gender inequality has negative effects on all gender groups, including men, boys and non-binary individuals, and all groups have important roles to play in working toward full equality (UN Women Training Centre, n.d.).
Sexual orientation and gender identity also have an important impact on the rights, responsibilities and opportunities of migrants. Many individuals, groups, cultures and legal systems have negative perceptions of and attitudes towards people of diverse sex, sexual orientation and/or gender identity. These perceptions and attitudes can mean that persons identifying as lesbian, gay, bisexual, transgender and/or intersex (LGBTI) face discrimination and violations of their human rights in their countries of origin, transit or destination.
The importance of addressing gender in migration management
Gender plays a significant role in migration, influencing people’s access to rights, their roles and responsibilities, their opportunities and experiences. Gender has an influence on the reasons why people move; the places to which they migrate; the protection and support they receive; and the ways they are perceived and treated. Women, girls, men, boys and non-binary individuals commonly have different motivations for migrating, and migrate with different goals (Thompson, 2016). The ways they migrate, and when they migrate, also differ in times of economic hardships, disasters and crises.
As well, gender roles are influenced by migration, because migration can be seen as a challenge to gender norms and expectations. For example, women’s migration can make them the primary breadwinner and can lead to men having to take over primary caregiving roles. Outcomes of migration can be gendered in positive terms. Migration provides opportunities for independence, safety and growth. These are opportunities that have the potential to push back against restrictive gender norms.
However, gender also influences vulnerabilities and the risks of exposure to different forms of violence, exploitation, and abuse, including gender-based violence (GBV) and trafficking in persons.
When migration is not looked at with a focus on gender, policy responses will fail to respond and address the specific needs of men, women, boys, girls and non-binary individuals. This results in inadequate support and services, negative experiences for migrants, and unintended consequences for origin, transit and receiving communities. In order to ensure that migration governance responds to gender, investment in capacity, resources and data is required, as well as laws and policies that reflect the principle of non-discrimination.
Key data sources
Data that reflect a true picture of migration are key to ensuring an accurate understanding of the influence of sex and gender on migration (and vice versa). Such data are necessary to design policy and interventions that are gender responsive. Unfortunately, data collection and disaggregation by gender is rare. When disaggregation does exist, it is more likely to be along sex lines.
Article / Quotes
sex-disaggregated data
Any data on individuals broken down by sex. Gender statistics rely on these sex-disaggregated data and reflect the realities and policy issues relating to gender.
Source
European Institute for Gender Equality (EIGE), 2016.
In the case of demographic and other similar surveys, statistical data are largely recorded according to the sex of the respondent, rather than the gender identity. As such, most data are disaggregated by sex rather than gender identity. However, to ensure the data collection itself does not have any built-in gender bias, data also need to account for the diversity of women, men, girls, boys and individuals who do not identify as either male or female. Challenges also exist in relation to the correct use of the terms “sex” and “gender” when referring to data. These surveys that are disaggregated by sex rather than by gender produce inconsistent data, because they are unclear about whether respondents are answering according to the sex they are assigned at birth or the gender they identify with. In any event, data collection and disaggregation are rarely sophisticated enough to capture the experiences of individuals who do not identify as male or female.
Example
Data collection on intersex people
The inclusion of intersex in national censuses is a new trend that migration policymakers should keep in mind when they look at migration policies and programmes. Many countries have approved laws to add intersex as the third gender in national censuses. This will allow intersex people to identify themselves as such. Moreover, countries will be able to collect data on their citizens who are born with both male and female sex characteristics and/or do not identify as either male or female. The inclusion of this category in the census is considered a huge achievement as it will increase an understanding of the challenges that intersex people go through, including stigma, legal discrimination or even forced surgery.
Source
BBC News, 2019.
National sources
Migration-related data are commonly collected by States through national demographic and population/labour surveys, censuses as well as other administrative sources collected by immigration and/or local authorities in charge of issuing permits and registrations (see Data, research and analysis for policymaking). Even when States collect such data by sex, they do not always analyse or publish the data by sex. Such an approach not only conceals the gendered elements of the data, but it can also distort the risks and benefits of migration experiences and outcomes for different gender groups (Migration Data Portal [MDP], 2021). Understanding the full picture of gender and migration means piecing together consistent and comprehensive migration related data.
Demographic, health, population and labour surveys also collect and report statistical data related to migration, albeit these may not be disaggregated by sex. Lack of resources and capacity can also limit the ability to collect data by sex. This can be especially relevant in certain contexts including displacement, where lack of data collection, missing data and double counting are all possible. Moreover, in the case of recording migrant deaths, identification issues can also impede accurate data collection (MDP, 2021). It can also be difficult to gather data on victims of trafficking in persons and smuggling. Migrants in irregular situations and those working in isolated conditions, including sex work or domestic work in private households can be particularly hard to reach (IOM GMDAC, 2018). Further, data on remittances are not disaggregated by sex and do not capture informal remittance channels, which are often used by female migrant workers (see Migration and development). As such, remittance data do not accurately reflect gendered differences in the way that migrants contribute to development (IOM GMDAC, 2018).
International sources
Many regional bodies collect and publish data on migration, disaggregated by sex, including the African Union, the European Union (through Eurostat) and Asia and the Pacific (through StatsAPEC). Further, various sources on different thematic areas in migration management also cover gender dimensions. One example is the Global Data Hub on Human Trafficking developed by the Counter Trafficking Data Collaborative (CTDC). Other global sources that offer sex-disaggregated data include:
- International migrant stock is developed by the Population Division of the United Nations Department of Economic and Social Affairs (UN DESA). This portal presents estimates disaggregated by age, sex and country of origin. There are two separate age categories of young migrants: 15–19 and 20–24 years old.
- Immigrants by sex and age by the Organisation for Economic Co-operation and Development (OECD) includes information on several demographic and labour market characteristics of the population of 28 OECD countries, including aspects on migration.
- Women Count Data Hub, offered by UN Women, includes updated data on gender-specific SDG indicators along with data on women, peace and security as well as violence against women.
- WomenStats offers the largest cross-national compilation of data, statistics and maps on the status of women with over 350 variables for 176 countries.
International instruments, initiatives and dialogues
International law and principles
International law established the principle of non-discrimination that applies to all human rights of all people. It prohibits discrimination by States based on any ground, including (but not limited to) sex. For example, the International Committee on Economic, Social and Cultural Rights (ICESCR) explains in its General Comment No. 23 that the right to just and favorable conditions of work is a right of everyone, without distinction of any kind. The reference to “everyone” means that it applies to all workers in all settings regardless of gender. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) also relates to the field of employment, including with respect to the right to health protection and to the safeguarding of the function of reproduction (articles 11.1[f], 12 and 14) (more in Human rights of migrants: An overview).
However, there are currently no international or regional legislative frameworks that specifically address gender and migration. The instruments that are related to migration largely concern labour, which unless expressed otherwise apply to everyone of any gender or migration status. These are not specific enough to the topic of gender and migration.
The instruments that relate to migration either refer specifically to women or do not mention gender explicitly (albeit expressing the applicability to all migrants regardless of sex or gender). However, to fully guarantee the rights of different gender groups, a gender-responsive approach is key. That is, in order to achieve equality, specifically targeted policies and actions will be needed to meet the different needs of different gender groups. This need for a differential approach is often overlooked in international instruments. While CEDAW does not reference migration specifically, its General Comment No. 26 does set out how an application of the principles of human rights and gender equality can address discrimination against women migrant workers and improve protection and support.
List
Note: This list is not exhaustive.
Commitments and initiatives
2030 Agenda for Sustainable Development
The Sustainable Development Goals (SDGs) laid out in the 2030 Agenda recognize the importance of taking a gender-responsive approach to calculating contributions to sustainable development. Not all such contributions come in the form of financial remittances and capital investment; rather, some take the form of social and normative changes. In particular, SDG 5 aims at achieving gender equality. While SDG 5 does not refer specifically to migration, the targets and indicators that it lays out directly address the key gender-based factors that influence migration, especially among women and girls. More broadly, many of other SDGs also interact with key factors that influence gender and migration, including:
SDG
2030 Agenda for Sustainable Development
- Target 4.5
By 2030, eliminate gender disparities in education and ensure equal access to all levels of education and vocational training for vulnerable people, including people with disabilities, indigenous peoples and children in vulnerable situations - Target 5.A
Undertake reforms to give women equal rights to economic resources, as well as access to ownership and control over land and other forms of property, financial services, inheritance and natural resources, in accordance with national laws - Target 5.C
Adopt and strengthen sound policies and enforceable legislation for the promotion of gender equality and the empowerment of all women and girls at all levels - Target 5.1
End all forms of discrimination against all women and girls everywhere - Target 5.2
Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation - Target 5.3
Eliminate all harmful practices, such as child, early and forced marriage and female genital mutilation - Target 5.4
Recognize and value unpaid care and domestic work through the provision of public services, infrastructure and social protection policies and the promotion of shared responsibility within the household and the family as nationally appropriate - Target 5.6
Ensure universal access to sexual and reproductive health and reproductive rights as agreed in accordance with the Programme of Action of the International Conference on Population and Development and the Beijing Platform for Action and the outcome documents of their review conferences - Target 8.8
Protect labour rights and promote safe and secure working environments for all workers, including migrant workers, in particular women migrants, and those in precarious employment - Target 10.7
Facilitate orderly, safe, regular and responsible migration and mobility of people, including through the implementation of planned and well-managed migration policies - Target 13.B
Promote mechanisms for raising capacity for effective climate change-related planning and management in least developed countries and small island developing States, including focusing on women, youth and local and marginalized communities - Target 16.7
Ensure responsive, inclusive, participatory and representative decision-making at all levels - Target 17.18
By 2020, enhance capacity-building support to developing countries, including for least developed countries and small island developing States, to increase significantly the availability of high-quality, timely and reliable data disaggregated by income, gender, age, race, ethnicity, migratory status, disability, geographic location and other characteristics relevant in national contexts
Note: This list is not exhaustive.
Read More
Global Compact for Safe, Orderly and Regular Migration
The Global Compact for Migration enshrines a gender-responsive approach as a cross-cutting and guiding principle. This principle aims to ensure that: the human rights of women, men, girls and boys are respected at all stages of migration; their specific needs are properly understood and addressed; and they are empowered as agents of change. However, it is worth noting that the Global Compact does not specifically reference non-binary gender.
As well as bringing a gender-responsive approach into the mainstream of the international agenda, the Global Compact seeks to promote gender equality and the empowerment of all women and girls. Taking a gender-responsive approach to incorporating migration into development planning provides the opportunity to recognize and maximize the links between gender and the migration–sustainable development nexus. In particular, it helps us understand the social contributions made by women migrants to countries of origin.
Regional initiatives and commitments
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Regional initiatives and commitments |
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Note: This list is not exhaustive.
Inter-State policy dialogues
Gender equality and the empowerment of women and girls has been incorporated into dialogues and processes on migration as well as various Inter-State consultation mechanisms on migration (ISCM):
List
Note: This list is not exhaustive.