Wednesday, 7 December 2011
Thursday, 11 November 2010
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 21st 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
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) 2nd 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 3rd 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 5th 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 1st 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 1st 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 3rd 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 1st 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 3rd November 2010.
· UN, United Nations Convention on the Rights of the Child. (http://www.dcsf.gov.uk/everychildmatters/strategy/strategyandgovernance/uncrc/unitednationsarticles/uncrcarticles/) accessed 3rd 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 1st of November 2010.
· UNICEF, End Child Exploitation (2005) (http://www.unicef.org.uk/publications/pdf/ECECHILD2_A4.pdf) accessed 3rd November 2010.
· UNICEF, Issues addressed under Child Protection – UNICEF report on Child Labour (http://www.unicef.org/protection/index_action.html) 1st of November 2010.
[1] Encyclopaedia of Children and Childhood in History and Society, http://www.faqs.org/childhood/Bo-Ch/Child-Labor-in-the-West.html, 1st 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, 1st of November 2010
[4] C182 Worst Forms of Child Labour Convention, 1999, http://www.ilo.org/ilolex/cgi-lex/convde.pl?C182, 1st 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
[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, 1st 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 3rd November 2010.
[13] Orla Guerin, DR Congo's child miner shame, http://news.bbc.co.uk/1/hi/world/africa/5071172.stm, 5th 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, 1st 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, 2nd 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.
Wednesday, 10 November 2010
AN ASSESSMENT ON CIF
INTRODUCTION
C.I.F. stands for "Cost Insurance and Freight". It is a contract which imposes a variety of duties to the seller. In general this contract is known as a contract for sale and shipment of goods to the agreed destination. The payment is this regard is made against the production of the appropriate documents according to the contract.
In such situations goods in transit are always a target for opportunists and thieves. Fire can break out almost anywhere. More rarely, road and rail accidents occur. Goods carried across water are subject to the predictable risks of loss or damage during the course of loading and of discharging, by sinking, stranding, by the ingress of water, by contamination by other goods, sweating and damage through shifting, etc. Perishable goods suffer if delayed. Some cargoes, especially bulk cargoes, suffer a measure of inevitable loss due to natural shrinkage or to the difficulties of accurately measuring or assessing their true weight on loading and discharge. Cargoes carried by air tend to suffer less damage but as non-perishable air cargo is often of high value. International carriage can involve partial carriage by sea, road and rail with transhipment and consolidation for the purposes of making up full loads. Each operation increases the risk of goods going astray or becoming damaged. This makes the condition of both the seller and the buyer miserable. Under the Sales of Goods Act the goods passes at the time when the both parties intend it to pass this way both the both parties have some duties. But in case of a CIF contract the seller undertakes more obligation than the buyer.
Generally, the seller is to ship the goods according to the contract; he is to arrange for carriage of the goods; he makes out the invoices to the buyer; he also tenders these documents to the buyer. The seller must ship the goods, which means that the seller is obliged to ship the goods to the appropriate place and on the agreed date. At this point the seller has the full responsibility to determine exactly the time and the place, when and where he has placed the goods on the port, he is obliged to nominate the vessel as well.
The buyer has to pay the seller upon the documents, such as the bill of lading, insurance policy, seller's invoice and others. When the seller will deliver the goods, the buyer has to receive them, in this case the goods are at the risk of buyer, and the property passes to the buyer. But, the property passes only when the seller makes the bill of lading. The seller must tender the right to possession of the goods to the buyer to be entitled to payment along with the invoices as well as the insurance policy. The most important thing is that the buyer has the right to reject the goods if the documents and the goods are not in order.
Thus, in case of CIF contract for sale the property in goods passes only when the documents are transferred and paid for. In addition, when there is a case of undivided shares of goods, the property passes when the goods are discharged.
Read more:
Tuesday, 9 November 2010
CHILDREN IN TROUBLE
Child Labour is the engaging of children into any form of labour before they attain the age of majority. It is practiced even in the most developed countries like United States of America, United Kingdom and most of the European countries.
Britain was the first industrialised country to adopt legislation on the safety and health of child workers by designing the First Factory Act 1802 to regulate child labour in the United Kingdom, later all industrial activities were covered under Factory and Workshop Act 1878.
The basic International legislation for the protection of children is the United Nations Convention on the Rights of the Child and the Convention concerning the Prohibition and Immediate Action for Elimination of Child Labour and Protection of Children and Young Persons. Legislation adopted in the European Union is the Charter of Fundamental Rights of the European Union 2007.
In a UNICEF study in 2005 it provided employers prefer children above adults for the purpose of laborious work because children cost less and are obedient at work, they 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, moreover, 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 children with no option but to be a labourer.
The International Labour Organisation has claimed that the rate of decrease in child labour has declined by 3 percent, it also warned for the negative effects of further economic crisis on the moves against child labour.
The ILO has admitted that one out of every five children, aged between 10-17 years, is being exploited as labourer in sub-Saharan Africa. Most experts are of the view that the international regulations on child labour have practically failed to control child labour. They have recommended that the solution for this global problem is providing incentives to children and their families.
Read more:
http://news.bbc.co.uk/1/hi/world/africa/5071172.stm
http://www.ilo.org/ilolex/cgi-lex/convde.pl?C182
Kis-Katos K and G G Schulze, Regulation of Child Labour, The Economics of Employment Regulation (Institute of Economic Affairs, Blackwell Publishing, Oxford 2005).
Protect Computers
I read in some news article that some hacker has tried to hack open The Royal Navy’s website due to which the website was brought offline by the concerned authorities though there was not any damage; it is a matter to be worried about. Hacking or Cyber crimes are becoming more prevalent in our society.
Cyber crime has created havoc all around the world. It encompasses any criminal act dealing with computers and networks called hacking. Moreover, it includes traditional crimes conducted through the Internet. Hate crimes, telemarketing and Internet fraud, identity theft, and credit card account thefts are considered to be cyber crimes when the illegal activities are committed through the use of a computer and the Internet. It can be committed mostly by hacking a program code by either writing it or modifying it. Experts have warned that the threat of cybercrime is rising sharply. It is a high time to call for a new system to tackle well-organised gangs of cybercriminals.
Online theft costs $1 trillion a year and the number of attacks is rising sharply in addition; many people still do not know how to protect themselves. The internet was already vulnerable, and now when it has become the integral part of our society's central nervous system, the whole economy could be attacked. The past year had seen more vulnerabilities, more cybercrime, more malicious software than ever before, more than had been seen in the past few years combined.
Societies today have recourse to a number of ways to combat cyber crimes like:
· By raising awareness in terms of computers and internet.
· By the ways of protecting oneself.
· By building safe technologies.
· By framing such regulations that places the onus on Internet service providers to prove their innocence if the connections provided by them are misused by the users.
This way hopefully someday we may have a safe and cybercrime free society.
Read more:
http://news.bbc.co.uk/1/hi/business/davos/7862549.stm
http://www.webopedia.com/TERM/C/cyber_crime.html
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