Regulating domestic work : international and comparative perspectives in South Africa, Namibia and Indonesia

Master Thesis

2013

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University of Cape Town

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This dissertation evaluates the regulation of domestic work. It approaches this topicfrom an international and national perspective. An international perspective in thiscontext means the regulation of domestic work as an international labour standard bythe International Labour Organization (ILO). Its national perspective entails the variousmodels of national regulation in three countries- South Africa Namibia and Indonesia.This dissertation also brings to the fore the nature of domestic work in its evaluation as a labour standard. It does this to give a general understanding of the subject. In recent years, regulating domestic work has been a popular topic within international labour law circles. However, the popularity of this discussion is not reflected in the working lives of a majority of domestic workers worldwide. Therefore, this dissertation reiterates specific issues that affect the lives of domestic workers in a bid to contribute to the body of knowledge on the subject; and the achievement of social justice and decent work in this “invisible' sector.This dissertation concludes that the proper regulation of the domestic work sector is the first step in the achievement of social justice for domestic workers. It also posits after a comparative analysis that the regulation of decent work requires a framework in which hard and soft law approaches are interwoven in the regulation of domestic work. This framework is important as the intertwining of hard and soft law regimes will enable the reaffirmation of and compliance with ILO standards for domestic work regulation. National legislation of ILO member states also have to be fine-tuned or amended to this dissertation reiterates specific issues that affect the lives of domestic workers in a bid to contribute to the body of knowledge on the subject; and the achievement of social justice and decent work in this 'invisible' sector. This dissertation concludes that the proper regulation of the domestic worksector is the first step in the achievement of social justice for domestic workers. It also posits after a comparative analysis that the regulation of decent work requires a framework in which hard and soft law approaches are interwoven in the regulation of domestic work. This framework is important as the intertwining of hard and soft law regimes will enable the reaffirmation of and compliance with ILO standards for domestic work regulation.
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