Child labour law

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Child labour laws are statutes placing restrictions and regulations on the work of minors.

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Child labour increased during the Industrial Revolution due to the children's abilities to access smaller spaces and the ability to pay children less wages. In 1839 Prussia was the first country to pass laws restricting child labor in factories and setting the number of hours a child could work, [1] although a child labour law was passed was in 1836 in the state of Massachusetts. [2] Almost the entirety of Europe had child labour laws in place by 1890.

The International Labour Organization (ILO) works to set global minimum standards of labour. The United Nations declared 2021 as the International Year for the Elimination of Child Labour.

History

Child labour has existed since the start of civilized society. Early history showed children were used to pick berries and do small maintenance in nomadic tribes. Once people started setting areas, children were used to help on the farmlands. This is a practice that continues even to today. Child labour expanded during Industrial Revolution. Children were able to work in smaller places than adults could not access, such as chimney sweeps, behind cotton machines, and in small places in mining. This work was dangerous and children often lost their lives while working.

[Next Paragraph opening statement may be incorrect. Uk passed the 1833 Factory Act [3] ]

In 1839 Prussia was the first country to pass laws restricting child labor in factories and setting the number of hours a child could work. [1] Though the reasons behind why these laws were passed were to expand working conditions for adults, it did lead to laws being passed across Europe. In 1839 Britain enacted its Factory Act which restricted child labour and in 1841 France adopted its first child labour laws. Almost the entirety of Europe had child labor laws in place by 1890. [4] Although individual states had adopted laws starting with Massachusetts in 1844, the United States did not enact federal laws until the Fair Labor Standards Act was passed in 1938. [5] This law set minimum wages to 40 cents per hour (equivalent to $8.32in 2022), restricted the child work week to 40 hours a week, and restricted children under 16 from working in manufacturing plants and mining. In 1941 the U.S. Supreme Court mandated that the law was constitutional. [6]

Much of the labour laws enacted started either shortly before or after World War I. The International Labour Organization (ILO) and UNICEF were created with the Treaty of Versailles after the end of World War I as a way to bring safer working conditions for adults, institute minimum age labour limits, enhance working conditions for children, and eliminate child labour around the globe. [7] In 1919 members of the ILO consisted of countries from the League of Nations. In total 41 countries brought together the ILO. In 1926, the United States joined the ILO. After World War II, the ILO was adopted, and then funded, by the United Nations. After World War II, the ILO set out to change the child labour standards not just with the countries in the United Nations, but also expanded around the globe. In 1992 the ILO created the International Programme on the Elimination of Child Labour (IPEC) which is an organization that works exclusively on the elimination of child labour and exploitation.

A global North–South divide is a divide indicative of economic and political standings. Prior to the year 1990, most child labour laws were enacted in what has been termed the Global North. With the creation of many agencies, the promotion of child labour laws has expanded into what is termed the Global South. In 2014 there were many changes and laws passed in several Asian and Pacific Island countries. Thailand, the Philippines, Kazakhstan, Indonesia, Papua New Guinea, the Solomon Islands, Bangladesh, Timor-Leste, Sri Lanka, Nepal, the Maldives, India, Kiribati, Mongolia, Pakistan, Afghanistan, Fiji, and Cambodia have seen laws passed limited the age of children laborers, increases in schools, and harsher punishments for those caught sexually exploiting children. [8]

By 2014, there were an increase in child labour laws in many Sub-Saharan African countries. Ethiopia, Ghana, Guinea-Bissau, Angola, Botswana, Burundi, Comoros, Madagascar, Seychelles, Zimbabwe, Chad, Cameroon, Cabo Verde, Lesotho, South Africa, Djibouti, Guinea, and Sierra Leone have produced plans to increase child education, set age limits on child labor, and enacted laws to eliminate child trafficking and sexual exploitation. Côte d'Ivoire, Ghana, Kenya, Mozambique, Niger, São Tomé and Príncipe, Tanzania, and Uganda have conducted individual research on child labor and child trafficking but have not enacted any laws. [9]

Current global laws

Since its induction, the International Labour Organization currently has 23 conventions, or laws, within its constitution that regulate the labor of adults and children. These laws include the minimum age restriction, protection against forced labor, holiday/vacation time granted, conditions of the workforce, safety standards, protections for pregnant women, and night time working conditions. Within these conditions are stricter standards set for the safety of children. Most of the conventions and recommendations for child labour fall under Article 3, The Elimination of child labour and the protection of children and young persons.

The first convention listed is the Minimum Age Convention, 1973. This convention states that a person under 18 cannot work in a facility that may jeopardize their safety, health, or morals. This work includes mining, operation of heavy machinery, and heavy manual labor. Minors ages 13–15 May perform light work as long as the work does not bring any harm or hinder their education. Children under 13 are restricted from working. [10] The Worst Forms of Child Labor conventions mandates that persons under 18 cannot be used in work as slaves, prostitution, pornography, or drug trafficking. [11] The Medical Examination conventions hold that anyone under 18 cannot work in an industrialized or non-industrialized position without being deemed fit by medical professional. Person's under the age of 18 are not permitted to work underground such as in a mine. Persons aged 18–21 are required to be supervised when working in an underground environment. [12] [13] Lastly, persons over the age of 14 but younger than 18 must have at least 12 hours off, 14 if currently engaged in school, and these hours must include the hours of 10 pm through 6 am. [14] These conventions and recommendations are in place to provide children with a safe working environment and promote their education. Since its start in 1919, 186 countries have become members of ILO. As a member of the ILO, countries vow to keep the minimum conventions held in the ILO constitution.

Changes taking place

Since the start of these organizations, there has been a decrease in the number of child laborers. Between 2008 and 2012 there was a reduction of 78 million child laborers. This was nearly one third of child laborers since 2008, with the highest number of reduction in Asian countries. Even with the reduction, there is an estimated 168 million children ages 5–17 still in the labor force. Sub-Saharan Africa has the highest number of child laborers. [15] Sub-Saharan Africa are enslaving child workers and exploiting their labour in the production of cocoa and mining. The ILO and IPEC are concentrating their efforts in Sub-African to reduce and eliminate child labour in the regions.

One way to ensure that products bought were not produced by child labour or through unsafe labour practices is by purchasing items through the World Fair Trade Organization, WTFO. The WTFO set 10 core principles which includes that any products registered could not have been produced by forced child labour and if any child labour was provided it remained within the conventions of the ILO. [16]

Global organizations promoting change

The International Labour Organization, or ILO, is the leading organization advocating against child labour. The ILO mission is to promote the rights of workers, encourage decent employment opportunities, enhance social protection and increase awareness of work-related issues. [17] Founded in 1919 after World War One. Since its inception, the ILO has promoted safe working environments. In 1973, the ILO drafted its first conventions. Since then it has had several modifications. Currently, the ILO contains 186 nations that have vowed to maintain the minimum labour requirements in these conventions. The ILO continues to push for global labour laws and restrictions on child labour. [18]

The International Programme on the Elimination of Child Labour (IPEC) is an organization established in 1992 by the International Labour Organization. Where the ILO is centered on reform in all forms of labour, both adult and child, the IPEC primarily focuses on the elimination of all forms of child labour. The IPEC uses programs to remove children from working environments and places the children in an educational setting. The IPEC provides job training for the parents to enhance their economic position to reduce the reliance of income from the child. The IPEC currently has operations in 88 countries and is the largest operation in the world working to reduce child labour, it makes sure conditions are met and children are safe. [19]

UNICEF, or the United Nation Children's Fund, was founded in 1919 after World War I. UNICEF promotes the safety and well-being of children and actively works to change harsh conditions that children live in. UNICEF promotes education for all children. UNICEF also works against to reduce and eliminate child labour and the exploitation of children. Currently UNICEF has programs in 190 countries and programs. [20]

The International Initiative to End Child Labor (IIECL) is a not-for-profit organization based out of the United States that actively works around the world to end child labor. The IIECL uses education and training programs to enable children and adults to gain an education and promote adult based labor skills. The organization also monitors and evaluates public and private sector, non-government organizations, organizational research, and development institutions to eliminate child labor. [21]

The Child Labor Coalition was founded in 1989. The Child Labor Coalition uses its Stop Child Labor campaign to promote the education and well-being of working minors as well as actively work to eliminate the exploitation of children.

Related Research Articles

<span class="mw-page-title-main">International Labour Organization</span> Specialized agency of the United Nations

The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is one of the first and oldest specialised agencies of the UN. The ILO has 187 member states: 186 out of 193 UN member states plus the Cook Islands. It is headquartered in Geneva, Switzerland, with around 40 field offices around the world, and employs some 3,381 staff across 107 nations, of whom 1,698 work in technical cooperation programmes and projects.

<span class="mw-page-title-main">Debt bondage</span> Form of slavery

Debt bondage, also known as debt slavery, bonded labour, or peonage, is the pledge of a person's services as security for the repayment for a debt or other obligation. Where the terms of the repayment are not clearly or reasonably stated, or where the debt is excessively large the person who holds the debt has thus some control over the laborer, whose freedom depends on the undefined or excessive debt repayment. The services required to repay the debt may be undefined, and the services' duration may be undefined, thus allowing the person supposedly owed the debt to demand services indefinitely. Debt bondage can be passed on from generation to generation.

<span class="mw-page-title-main">Child labour</span> Exploitation of children through work

Child labour is the exploitation of children through any form of work that deprives them of their childhood, interferes with their ability to attend regular school, or is mentally, physically, socially and morally harmful. Such exploitation is prohibited by legislation worldwide, although these laws do not consider all work by children as child labour; exceptions include work by child artists, family duties, supervised training, and some forms of work undertaken by Amish children, as well as by Indigenous children in the Americas.

Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, these rights influence working conditions in the relations of employment. One of the most prominent is the right to freedom of association, otherwise known as the right to organize. Workers organized in trade unions exercise the right to collective bargaining to improve working conditions.

<span class="mw-page-title-main">Worst Forms of Child Labour Convention</span> International Labour Organization Convention

The Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, known in short as the Worst Forms of Child Labour Convention, was adopted by the International Labour Organization (ILO) in 1999 as ILO Convention No 182. It is one of eight ILO fundamental conventions.

<span class="mw-page-title-main">Trafficking of children</span> Form of human trafficking

Trafficking of children is a form of human trafficking and is defined by the United Nations as the "recruitment, transportation, transfer, harboring, and/or receipt" kidnapping of a child for the purpose of slavery, forced labour, and exploitation. This definition is substantially wider than the same document's definition of "trafficking in persons". Children may also be trafficked for adoption.

Child labour in Botswana is defined as the exploitation of children through any form of work which is harmful to their physical, mental, social and moral development. Child labour in Botswana is characterised by the type of forced work at an associated age, as a result of reasons such as poverty and household-resource allocations. child labour in Botswana is not of higher percentage according to studies. The United States Department of Labor states that due to the gaps in the national frameworks, scarce economy, and lack of initiatives, “children in Botswana engage in the worst forms of child labour”. The International Labour Organization is a body of the United Nations which engages to develop labour policies and promote social justice issues. The International Labour Organization (ILO) in convention 138 states the minimum required age for employment to act as the method for "effective abolition of child labour" through establishing minimum age requirements and policies for countries when ratified. Botswana ratified the Minimum Age Convention in 1995, establishing a national policy allowing children at least fourteen-years old to work in specified conditions. Botswana further ratified the ILO's Worst Forms of Child Labour Convention, convention 182, in 2000.

<span class="mw-page-title-main">Child labour in Bangladesh</span> Overview of child labour in Bangladesh

Child labour in Bangladesh is significant, with 4.7 million children aged 5 to 14 in the work force in 2002-03. Out of the child labourers engaged in the work force, 83% are employed in rural areas and 17% are employed in urban areas. Child labour can be found in agriculture, poultry breeding, fish processing, the garment sector and the leather industry, as well as in shoe production. Children are involved in jute processing, the production of candles, soap and furniture. They work in the salt industry, the production of asbestos, bitumen, tiles and ship breaking.

<span class="mw-page-title-main">Child labour in India</span> Child labour

A significant proportion of children in India are engaged in child labour. In 2011, the national census of India found that the total number of child labourers, aged [5–14], to be at 10.12 million, out of the total of 259.64 million children in that age group. The child labour problem is not unique to India; worldwide, about 217 million children work, many full-time.

The "Faces of Freedom" photo exhibition is a collection of photographs captured by photo-journalist, filmmaker and human rights educator U. Roberto (Robin) Romano, during his travels to India, Nepal and Pakistan. Romano explores the exploitation of child labor in the production of handmade rugs in coordination with multiple international organizations, such as the World Bank, UNICEF, International Labour Organization and others to reduce the number of child laborers in that industry. The exhibit has been shown in many United States cities since its first exhibit in 2009. Faces of Freedom has been included in CNN Freedom Projects of modern slavery.

Child labour in Pakistan is the employment of children to work in Pakistan, which causes them mental, physical, moral and social harm. Child labour takes away the education from children. The Human Rights Commission of Pakistan estimated that in the 1990s, 11 million children were working in the country, half of whom were under age ten. In 1996, the median age for a child entering the work force was seven, down from eight in 1994. It was estimated that one quarter of the country's work force was made up of children. Child labor stands out as a significant issue in Pakistan, primarily driven by poverty. The prevalence of poverty in the country has compelled children to engage in labor, as it has become necessary for their families to meet their desired household income level, enabling them to afford basic necessities like butter and bread.

<span class="mw-page-title-main">Child labour in Cambodia</span>

Child labour refers to the full-time employment of children under a minimum legal age. In 2003, an International Labour Organization (ILO) survey reported that one in every ten children in the capital above the age of seven was engaged in child domestic labour. Children who are too young to work in the fields work as scavengers. They spend their days rummaging in dumps looking for items that can be sold for money. Children also often work in the garment and textile industry, in prostitution, and in the military.

<span class="mw-page-title-main">Child labour in Africa</span> Overview of child labour in Africa

Child labour in Africa is generally defined based on two factors: type of work and minimum appropriate age of the work. If a child is involved in an activity that is harmful to his/her physical and mental development, he/she is generally considered as a child labourer. That is, any work that is mentally, physically, socially or morally dangerous and harmful to children, and interferes with their schooling by depriving them of the opportunity to attend school or requiring them to attempt to combine school attendance with excessively long and heavy work. Appropriate minimum age for each work depends on the effects of the work on the physical health and mental development of children. ILO Convention No. 138 suggests the following minimum age for admission to employment under which, if a child works, he/she is considered as a child laborer: 18 years old for hazardous works, and 13–15 years old for light works, although 12–14 years old may be permitted for light works under strict conditions in very poor countries. Another definition proposed by ILO's Statistical Information and Monitoring Program on Child Labor (SIMPOC) defines a child as a child labourer if he/she is involved in an economic activity, and is under 12 years old and works one or more hours per week, or is 14 years old or under and works at least 14 hours per week, or is 14 years old or under and works at least one hour per week in activities that are hazardous, or is 17 or under and works in an "unconditional worst form of child labor".

Child labor in the Philippines is the employment of children in hazardous occupations below the age of fifteen (15), or without the proper conditions and requirements below the age of fifteen (15), where children are compelled to work on a regular basis to earn a living for themselves and their families, and as a result are disadvantaged educationally and socially. So to make it short, it is called child labor when it is forced.

International labour law is the body of rules spanning public and private international law which concern the rights and duties of employees, employers, trade unions and governments in regulating Work and the workplace. The International Labour Organization and the World Trade Organization have been the main international bodies involved in reforming labour markets. The International Monetary Fund and the World Bank have indirectly driven changes in labour policy by demanding structural adjustment conditions for receiving loans or grants. Issues regarding Conflict of laws arise, determined by national courts, when people work in more than one country, and supra-national bodies, particularly in the law of the European Union, have a growing body of rules regarding labour rights.

Child labor in Bolivia is a widespread phenomenon. A 2014 document on the worst forms of child labor released by the U.S. Department of Labor estimated that approximately 20.2% of children between the ages of 7 and 14, or 388,541 children make up the labor force in Bolivia. Indigenous children are more likely to be engaged in labor than children who reside in urban areas. The activities of child laborers are diverse, however the majority of child laborers are involved in agricultural labor, and this activity varies between urban and rural areas. Bolivia has ratified the United Nations Convention on the Rights of the Child in 1990. Bolivia has also ratified the International Labour Organization’s Minimum Age Convention, 1973 (138) and the ILO’s worst forms of child labor convention (182). In July 2014, the Bolivian government passed the new child and adolescent code, which lowered the minimum working age to ten years old given certain working conditions The new code stipulates that children between the ages of ten and twelve can legally work given they are self-employed while children between 12 and 14 may work as contracted laborers as long as their work does not interfere with their education and they work under parental supervision.

<span class="mw-page-title-main">Armenia and the United Nations</span> Armenia at the United Nations

Armenia was admitted into the United Nations on 2 March 1992, following its independence from the Soviet Union. In December 1992, the UN opened its first office in Yerevan. Since then, Armenia has signed and ratified several international treaties. There are 20 specialized agencies, programs, and funds operating in the country under the supervision of the UN Resident Coordinator. Armenia strengthened its relations with the UN by cooperating with various UN agencies and bodies such as the International Monetary Fund, the World Bank, the World Food Programme, and with the financial institutions of the UN. Armenia is a candidate to preside as a non-permanent member of the UN Security Council in 2031.

The Islamic Republic of Iran signed the UN Convention on the Rights of the Child (CRC) in 1991 and ratified it in 1994. Upon ratification, Iran made the following reservation: "If the text of the Convention is or becomes incompatible with the domestic laws and Islamic standards at any time or in any case, the Government of the Islamic Republic shall not abide by it."

<span class="mw-page-title-main">Child labor in Brazil</span>

Child labor, the practice of employing children under the legal age set by a government, is considered one of Brazil's most significant social issues. According to data from the Brazilian Institute of Geography and Statistics (IBGE), more than 2.7 million minors between the ages of 5 and 17 worked in the country in 2015; 79,000 were between the ages of 5 and 9. Under Brazilian law, 16 is the minimum age to enter the labor market and 14 is the minimum age to work as an apprentice.

Child Labor in Saudi Arabia is the employing of children for work that deprives children of their childhood, dignity, potential, and that is harmful to a child’s physical and mental development.

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