Diplomatic Immunity and Justice Denied: Protecting Domestic Workers Under International Law

作者：Muhammad Zuhaili Mat Rani, Mohd Shahril Nizam Md Radzi, K. Hassan · 发表于：Jurnal Undang-Undang dan Masyarakat · 年份：2025 · DOI：10.17576/juum-2025-3502-03

Domestic work refers to labour performed in or for a household, often by individuals in vulnerable situations. This paper aims to examine how international law addresses the conflict between diplomatic immunity and the protection of domestic workers’ human and labour rights. The core issue lies in recurring reports of abuse by diplomats, where domestic workers are subjected to inhumane treatment but are denied justice due to the shield of diplomatic immunity. Despite the existence of credible evidence in many cases, legal proceedings are often obstructed, raising serious concerns about accountability and access to remedies for victims. This study adopts a legal doctrinal analysis, drawing on case law, international conventions, and scholarly literature. The findings reveal that while international law—particularly the Vienna Convention on Diplomatic Relations (1961) and the Convention on the Privileges and Immunities of the United Nations (1946)—provides extensive protections for diplomatic personnel, it frequently fails to safeguard the rights of domestic workers in cases of abuse. By critically assessing the tension between immunity and accountability, this paper contributes to existing scholarship by highlighting the normative gap in international law that questions the adequacy of current mechanisms in addressing diplomatic impunity in employment relations. It offers a framework for reconciling diplomatic privileges with the protection of human rights, an area that remain...