Dignity as a shield: The putative dignitarian discourse on protecting migrant domestic workers in Singapore

Publication Type

Book Chapter

Publication Date

5-2024

Abstract

The Singapore courts have in recent years spoken out strongly in abuse of female migrant domestic worker (MDW) cases and have imposed deterrent sanctions against employers convicted of abusing their MDWs. For example, in ADF v. Public Prosecutor (2010), the Court of Appeal, Singapore’s highest Court, reviewed the sentencing principles relevant to a person convicted of voluntarily causing harm to an MDW. While the Court in the ADF case did not engage in a discourse on rights, it is evident that the principles of human dignity and respect strongly influenced the Court’s determination of the outcome of the case and in meting out the appropriate punishment. The “fairness, respect, and dignity” considerations were given judicial cognizance. As the apex court notes, the regulatory regime has its inherent limitations and reach since the cloistered domestic setting does not always facilitate the enforcement actions that can prevent the mistreatment of MDWs. This chapter examines the developing judicial discourse on dignity and respect in the context of protecting MDWs in Singapore. It considers whether the dignitarian discourse is adequate in protecting the vulnerable segment of society and whether it can catalyze greater consideration and respect for the well-being, if not the rights, of MDWs.

Discipline

Asian Studies | Work, Economy and Organizations | Workers' Compensation Law

Research Areas

Public Interest Law, Community and Social Justice

Publication

Human dignity, judicial reasoning, and the law: Comparative perspectives on a key constitutional concept

Editor

Brett G. Scharffs, Andrea Pin & Dmytro Vovk

First Page

250

Last Page

272

ISBN

9781003307853

Identifier

10.4324/9781003307853-18

Publisher

Routledge

City or Country

London

Additional URL

https://doi.org/10.4324/9781003307853-18

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