| What is Child Labour ? |
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In general, child labour is the participation of an
individual, below the age of 18 years, in any form of work which is
harmful or exploitative in a physical, psychological or emotional manner,
and furthermore limits a child�s access to education. However, it is
important to distinguish between children and adolescents under the age
of 14 or 15 years, and those over the age of 15 years. Specifically,
adolescents aged 15 and over are permitted to work, but because they are
considered to be in an age of development, they can only work under
special conditions. There are a number of definitions for child labour used by international organisations, non-governmental organisations, trade unions and other interest groups. Child labour is often defined in the following terms: 
Every activity in the form of work, either economic,
domestic, remunerated or non-remunerated, which involves an individual
below the legal minimum age, and which furthermore obstructs the
attainment of human rights, compromising possibilities for holistic
development.
All types of work endangering the child�s health and
proper development
An activity carried out under conditions or situations
affecting the complete exercise of rights, such as the right to
education, or the right to physical, mental and social development.International standards on children�s rights include standards on child labour, as exemplified in several United Nations (UN) and International Labour Organisation (ILO) conventions. Whereas the UN Convention on the Rights of the Child has a human rights approach, the ILO instruments have a more labour-based approach. Although each of them address specific issues and were intended for different purposes, they can be regarded as complementary tools. The UN Convention on the Rights of the Child (CRC) does not specifically define child labour. The CRC states that children have to be protected from all forms of exploitation, including economic exploitation, and from performing any work that is likely to be hazardous or to interfere with the child's education, health or development (Art. 32-1). Conversely, ILO Conventions do include specific definitions of child labour. ILO Convention 138 defines child labour as: any work undertaken by a child or an adolescent less than 15 years of age, or the relevant age of completion of compulsory education; and the work undertaken by an adolescent under 18, which, by its nature or the circumstances in which it is carried out, is likely to jeopardise their health, safety or morals (Art. 1, 2 and 3). This convention promotes and suggests to the State Parties the definition of a minimum age of employment for children, taking into consideration that they are human beings in an age of development. Its Recommendation 146, one of the most advanced guidelines on child labour and a complementary tool to the UNCRC, suggests the creation and implementation of social policies to combat the phenomenon of child labour, such as fair remuneration, strict limitation of the hours spent at work, prohibition of overtime, and allowing enough time for education and leisure. Regrettably, Convention 138 and its recommendation has not received a lot of attention and it has not been widely ratified. Convention 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour and its Recommendation 190 have received more attention. They promote the idea of giving priority to immediate action against the worst forms of child labour instead of addressing all forms of child labour. ILO Convention 182 defines the worst forms of child labour as all forms of slavery or practices similar to slavery, such as forced labour or the use of children in armed conflict; the use of a child for prostitution, the production of pornography or pornographic performances; the use of a child for illicit activities; and any work, which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children (Art. 2 and 3). Recommendation 190 of the Convention defines hazardous forms of child labour as work that exposes children to all forms of abuses, work carried out in dangerous locations (underground, under water...), in an unhealthy environment, and with the use of dangerous machinery and tools (art 2). Child Labour and International Standards Today more than ever before, child labour is being placed in the context of children�s rights. International standards for children�s rights reflect standards for child labour, as exemplified in several conventions from the International Labour Organisation (ILO) and other United Nations� agencies.
UN Convention on the Rights of the Child (CRC) Preamble of the CRC �Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.� �Convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community.� �Considering that the child should be fully prepared to live an individual life in society, and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity.� Articles of the CRC relating to Child Labour: Article 28(1) : State Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity� Article 29(a): State Parties agree that the education of the child shall be directed to the development of the child's personality, talents and mental and physical abilities to their fullest potential. Article 31(1): State Parties recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts. Article 32(1): State Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development.
International Labour Organisation: Convention N�138 and
N�182Convention N� 138: Minimum Age Convention Article 1: Each Member for which this Convention is in force undertakes to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons. Article 2(3): The minimum age specified in pursuance of paragraph 1 of this Article shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. Article 3(1): The minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardise the health, safety or morals of young persons shall not be less than 18 years. Convention N�182: Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour Article 2: For the purposes of this Convention, the term child shall apply to all persons under the age of 18. Article 3: For the purposes of this Convention, the term the worst forms of child labour comprises: (a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; (b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances; (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties; (d) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The CRC and the ILO Conventions are at present the most widely used and referenced standards for child labour. The texts reinforce the notion that the existence of child labour is an issue which must be defined by standards for children�s rights, and furthermore, child labour should be considered illegal from the moment it conflicts with the full realisation and respect of these rights established by the CRC. |