TO COMBAT CHILD LABOUR

 ‘What are the key International Regulations governing the prohibition of Child Labour, and do you think they are successful?’

COMMUNICATIONS 3 WORK SHOP 5

MODULE

LEGAL RESEARCH IN COMMERCIAL LAW

MODULE TUTORS

PAUL MAHARG

CLAIRE BESSANT

RESEARCHERS

IMTIYAZ LODHI (10033031)

HAMZA SARWAR (06028374)

SARMAD ALI (06028663)

LEAD WRITER

IMTIYAZ LODHI

EDITORS

HAMZA SARWAR

SARMAD ALI

WORD COUNT: 987  words

CHILD LABOUR

INTRODUCTION AND BACK GROUND

Child Labour is one of the most heinous crimes in the 21^st century and is practiced around the globe even in the most developed countries like United States of America, United Kingdom and most of the European countries. Child Labour is the engaging of children into any form of labour before they attain the age of maturity/majority. Age of maturity is considered to be anything over 16 – 18 years of age, depending upon the rules and regulations of the subject country. However, at a stretch, by the twentieth century an average age of twelve or thirteen years was deemed to be the boundary.[1]

CONVENTIONS GOVERNING CHILD LABOUR

The existence of Child Labour can be traced back to the period beyond that of Industrial Revolution. Britain was the first industrialised country to adopt legislation on the safety and health of workers. The first legislation designed to regulate child labour in the United Kingdom was the First Factory Act, this dates back to 1802. This was followed by numerous other legislations covering health and safety, workers protection and later all industrial activities were covered under Factory and Workshop Act 1878.[2]

In this era a vast amount of legislation can be found which protects the right of children and fights to stop child labour. There is a large quantity of legislation which protects the rights of children internationally and further to that countries have made domestic legislations which prohibit children being used for the purposes of child labour.

The basic International legislation for the protection of children is the United Nations Convention on the Rights of the Child.[3]

Another International convention is the Convention concerning the Prohibition and Immediate Action for Elimination of Child Labour and Protection of Children and Young Persons.[4] Article 2[5] of the convention defines child labour and Article 3[6]  provides the worst forms of child labour. Article 7(2)[7] of the convention imposes a duty on the member states to educate people against child labour and work to stop child labour.

Further legislation adopted in the European Union is the Charter of Fundamental Rights of the European Union (2007).[8]

REASONS FOR THE GROWTH OF CHILD LABOUR

In a study conducted by UNICEF in 2005 entitled End Child Exploitation – Child Labour Today,[9] it provided a number of reasons why employers prefer children above adults for the purpose of laborious work:

·        Children cost less and are obedient at work.

·        Children have soft hands and are more appropriate for artistic work and it is easier to train them.

·        Most of the member countries do not have a concrete law to combat child labour, their law is either incomplete or ambiguous, and thus the employer take undue advantage of the loop holes in them.

·        In most of the developing countries actual age of the children are not established due to lack of a proper birth registration infrastructure.

·        Another vital reason is lack of educational facilities; this leaves the children with few options to decide for their future.

IMPACT OF INTERNATIONAL REGULATIONS AND ECONOMY ON CHILD LABOUR

Economic downturn has had an adverse effect on the conditions of children in the poor under developed countries. In a study conducted by International Labour Organisation (ILO), ILO has anticipated and warned that the efforts being employed to eradicate child labour have had little success. ILO has appealed to the governments of numerous countries to come together with a “re-energised” campaign to end this evil.[10]

The International Labour Organisation (ILO), wary in its quadrennial report on child labour produced in May 2010, has accused the global community of the decline in the pace of the reduction in child labour. ILO claimed that although the number of child labourers, across the world, has been decreased from 222 million to 215 million through 2004 to 2008, still this rate of decrease is slower than before. This report also considered the effects of further economic crisis on the moves against child labour. It was stated that the global economic crisis may further break down the rhythm of the campaign for eradicating child labour by 2016.[11]

The ILO, in its report[12] admitted that, although slow, there still is a decrease in number of child labourers in the regions such as Asia-Pacific, Latin America and the Caribbean. However, unfortunately, children are still being exploited as substitute for the purpose of worst type of hazardous work in the sub-Saharan Africa. There has been an increase in the number of child labourers aged through 15 to 17. One out of every five children, in the age group of 10 to 17, is being exploited by this hideous practice and the ones actually being paid don’t get enough for one square meal.[13]

CONCLUSION

International organisations and NGO’s like UNICEF and ILO are putting in all possible efforts to deracinate child labour by carrying out surveys and reporting the effects of the current legislations for the prevention of child labour. According to these one of the reports[14] by UNICEF is that the results are quite hopeless, especially in the under developed countries. Various eminent personalities and commissions on child labour on various occasions and meetings have promised to put in their efforts in eradicating child labour,[15] but so far all in vain.

Most experts, jurists, educationists and authors are of the view that the international regulations on child labour are insufficient and have practically failed to control child labour across the globe. Most are of the opinion that there should be a blanket ban on the worst and hazardous forms of child labour. They have recommended that the most effective solution for this global problem is providing incentives to children and their families and providing them with free education and food.[16] It is opined that a perfect solutions to encounter child labour is to discover and combat poverty and hunger in the underdeveloped countries and to provide them with proper and sufficient education.

WORD COUNT: 987 words

BIBLIOGRAPHY

·         EEPA, PRESS RELEASE: Commissioner Michel promises to take action against Child Labour 2005 (http://www.eepa.be/wcm/children/child-labour/38-press-release-commissioner-michel-promises-to-take-action-against-child-labour.html) 2^nd of November 2010.

·         European Commission v. United Kingdom [2007] All ER (EC) 986.

·         European Union, EU Charter of Fundamental Rights, (http://www.eucharter.org/home.php?page_id=39) accessed 3^rd of November 2010.

·         Guerin O, DR Congo's child miner shame, BBC News, Katanga (http://news.bbc.co.uk/1/hi/world/africa/5071172.stm) accessed 5^th November 2010.

·         ILO, The General Conference of the International Labour Organization,C182 Worst Forms of Child Labour Convention, 1999, http://www.ilo.org/ilolex/cgi-lex/convde.pl?C182, accessed 1^st of November 2010.

·         ILO, New ILO Global Report on Child Labour: As efforts to end child labour slow, ILO calls for “re-energized” global action. (http://www.ilo.org/global/About_the_ILO/Media_and_public_information/Press_releases/lang--en/WCMS_126840/index.htm)  accessed 1^st November 2010.

·         ILO Geneva, Accelerating actions against child labour, Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work 2010 (www.ilo.org/declaration) accessed 3^rd November 2010.

·         Kis-Katos K and  Schulze G G, Regulation of Child Labour, The Economics of Employment Regulation (Institute of Economic Affairs, Blackwell Publishing, Oxford 2005).

·         SCHRUMPF E, ‘Encyclopaedia of Children and Childhood in History and Society’ (http://www.faqs.org/childhood/Bo-Ch/Child-Labor-in-the-West.html) accessed 1^st of November 2010.

·         UN, Declaration of the Rights of the Child (1959), Universal Declaration of Human Rights (1948), UN, International Convention on the Rights of the Child (http://www.cirp.org/library/ethics/UN-declaration/) accessed on 3^rd November 2010.

·         UN, United Nations Convention on the Rights of the Child. (http://www.dcsf.gov.uk/everychildmatters/strategy/strategyandgovernance/uncrc/unitednationsarticles/uncrcarticles/)  accessed 3^rd  November  2010

·         UN, UN Convention on the Rights  of the Child, One Scotland, Scottish Government (http://www.scotland.gov.uk/Resource/Doc/217822/0058326.pdf) accessed 1^st of November 2010.

·         UNICEF, End Child Exploitation (2005) (http://www.unicef.org.uk/publications/pdf/ECECHILD2_A4.pdf) accessed  3^rd November 2010.

·         UNICEF, Issues addressed under Child Protection – UNICEF report on Child Labour (http://www.unicef.org/protection/index_action.html) 1^st of November 2010.

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[1] Encyclopaedia of Children and Childhood in History and Society, http://www.faqs.org/childhood/Bo-Ch/Child-Labor-in-the-West.html, 1^st of November 2010.

[2] European Commission v. United Kingdom [2007] All ER (EC) 986

[3] Article 32 of this convention states: “The child had the right to be protected from work that threatens his or her health, education or development. The State shall set minimum ages for employment and regulate working conditions.”

This convention was opened for signature in 1989 and is based on a previous legislation Declaration of the Rights of the Child (http://www.cirp.org/library/ethics/UN-declaration/). This was drafted by Eglantyne Jebb and adopted by the International Save the Children Union, Geneva, on 23 February 1923 and endorsed by the League of Nations General Assembly on 26 November 1924 as the World Child Welfare Charter. http://www.dcsf.gov.uk/everychildmatters/strategy/strategyandgovernance/uncrc/unitednationsarticles/uncrcarticles/ , http://www.scotland.gov.uk/Resource/Doc/217822/0058326.pdf, 1^st of November 2010

[4] C182 Worst Forms of Child Labour Convention, 1999, http://www.ilo.org/ilolex/cgi-lex/convde.pl?C182, 1^st of November 2010.

[5] Article 2 defines any child engaged in laborious work to be a child labour.

[6]According to article 3 worst forms of child labour are slavery, using children in armed conflicts, compelling them into prostitution, using them for illicit acts like smuggling drugs and all other practises jeopardising the physical and mental health and safety of a child.

[7] Article 7(2) imposes duty upon the member states to educate people against child labour and see to that children are protected from being engaged in worst forms of child labour, and to take measures for removal of such a practice and for reinstatement of such children in their real and healthy life, to find out children in such a distress and provide them with basic education and to take special care of girls.

[8] Article 32 - Prohibition of Child Labour and Protection of Young People at Work states: “The employment of children is prohibited. The minimum age of admission to employment may not be lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable to young people and except for limited derogations. Young people admitted to work must have working conditions appropriate to their age and be protected against economic exploitation and any work likely to harm their safety, health or physical, mental, moral or social development or to interfere with their education.” http://www.eucharter.org/home.php?page_id=39

Prohibition of child labour and protection of young people at work, Harvey on Industrial Relations and Employment Law/Division PII European Materials/1. Conventions and Treaties/Charter of Fundamental Rights of the European Union (2007)/Chapter IV Solidarity/Article 32

[9] http://www.unicef.org.uk/publications/pdf/ECECHILD2_A4.pdf, 3^rd November 2010

[10] ILO, New ILO global report on child labour: As efforts to end child labour slow, ILO calls for “re-energized” global action. http://www.ilo.org/global/About_the_ILO/Media_and_public_information/Press_releases/lang--en/WCMS_126840/index.htm, 1^st November 2010

[11] Ibid

[12] ILO Geneva, Accelerating actions against child labour, Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work 2010 (www.ilo.org/declaration) accessed 3^rd November 2010.

[13] Orla Guerin, DR Congo's child miner shame, http://news.bbc.co.uk/1/hi/world/africa/5071172.stm, 5^th November 2010

[14] UNICEF, Issues addressed under Child Protection – UNICEF report on Child Labour. According to this report around 158 million children aged 5 to 14 are trapped in child labour and the annual child trafficking is estimated to be 1.2 million. In 1990 more then 2 million children were put to death because of armed conflicts. It is again very shocking to know that over 1 million children around the world are detainees of law and 143 million are orphans with 60 million girls around the world getting married before the age of 18. It is also believed that 2 million children have been subjected to pornography and prostitution and 40 million children are lacking health and care and are being abused. http://www.unicef.org/protection/index_action.html, 1^st of November 2010

[15] PRESS RELEASE: Commissioner Michel promises to take action against child labour, http://www.eepa.be/wcm/children/child-labour/38-press-release-commissioner-michel-promises-to-take-action-against-child-labour.html, 2^nd of November 2010

[16] K Kis-Katos and G G. Schulze, Regulation of Child Labour, The Economics of Employment Regulation, Institute of Economic Affairs, Blackwell Publishing, Oxford 2005.