Worst Forms of Child Labour Convention

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Worst Forms of Child Labour Convention, 1999
Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour
Worst Forms of Child Labour Convention.svg
  Party
  Convention not in force
  Convention not applied (dependent territory)
  Non ILO-member
Signed17 June 1999
Location Geneva
Effective19 November 2000
Conditionuniversal ratification by all 187 members of the UN International Labour Organization (ILO)
Parties187 [1]
DepositaryDirector-General of the International Labour Office
Languages English and French (Article 16)

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. [2]

Contents

By ratifying this Convention No. 182, a country commits itself to taking immediate action to prohibit and eliminate the worst forms of child labour, including slavery, child prostitution, use of children in criminal activities, and dangerous labour. The Convention is enjoying the fastest pace of ratifications in the ILO's history since 1919. [3]

The ILO's International Programme on the Elimination of Child Labour (IPEC) is responsible for assisting countries in this regard as well as monitoring compliance. One of the methods used by IPEC to assist countries in this regard are Time-bound Programmes.

The ILO also adopted the Worst Forms of Child Labour Recommendation No 190 in 1999. This recommendation contains, among others, recommendations on the types of hazards that should be considered for inclusion within a country-based definition of Worst Forms of Hazards faced by Children at Work. [4]

Convention No 182 has been signed by all ILO Member States by 4 August 2020. This has become the fastest ratified agreement in the UN's 101-year history. [1]

Purpose of the Convention

The elimination of child labour was one of the main goals of the ILO. According to the UN agency, 152 million children worldwide are affected by the convention, almost half of which do dangerous work. Most child labour is carried out in the agricultural sector, mainly due to poverty and the difficulties faced by parents. The Convention supports the prohibition and elimination of the worst forms of child labour, including slavery, forced labour and trafficking in human beings. It prohibits the use of children in armed conflicts, prostitution and pornography, illegal activities such as drug trafficking and dangerous work. According to the ILO, the proportion of child labour fell by almost 40 percent between 2000 and 2016 as the ratification rate increased and countries passed laws and policies, including the minimum age of employment. [5]

Ratifications

On 4 August 2020, the High Commissioner for Flag of Tonga.svg  Tonga in the United Kingdom, Hon. Titilupe Fanetupouvava'u Tuita-Tu'ivakanō, formally deposited the ratification instruments for this convention together with ILO Director-General, Guy Ryder. This is a historic event as it is the first time for an International Labor Convention to be ratified by all member states.

The convention has also not been extended to several non-metropolitan territories of states that ratified the convention: [6]

StateNon-metropolitan territory
Flag of Australia (converted).svg AustraliaFlag of Norfolk Island.svg Norfolk Island
Flag of Denmark.svg DenmarkFlag of the Faroe Islands.svg Faroe Islands, Flag of Greenland.svg Greenland
Flag of France.svg FranceFlag of French Polynesia.svg French Polynesia, Flags of New Caledonia.svg New Caledonia, French Southern and Antarctic Territories
Flag of the Netherlands.svg Kingdom of the NetherlandsFlag of Sint Maarten.svg Sint Maarten and the Caribbean Netherlands [7]
Flag of New Zealand.svg New ZealandFlag of Tokelau.svg Tokelau
Flag of the United States.svg United StatesFlag of American Samoa.svg American Samoa, Flag of Guam.svg Guam, Flag of the Northern Mariana Islands.svg Northern Mariana Islands, Flag of Puerto Rico.svg Puerto Rico, Flag of the United States Virgin Islands.svg United States Virgin Islands
Flag of the United Kingdom.svg United KingdomFlag of Anguilla.svg Anguilla, Flag of Bermuda.svg Bermuda, Flag of the British Virgin Islands.svg British Virgin Islands, Flag of Gibraltar.svg Gibraltar, Flag of the Isle of Man.svg Isle of Man, Flag of Jersey.svg Jersey, Flag of Montserrat.svg Montserrat

Predefined worst forms of child labour

Article 3 of the International Labor Organization's Convention 182 includes forms of child labour, which are predefined as the worst forms of child labour, including the following:. [8] They are also sometimes referred to as automatic worst forms of child labour.

The predefined worst forms of child labour are:

Worst form hazards: To be defined by each ratifying country

The last category of worst form of child labour is work which by its nature or the circumstances is likely to harm the health, safety or morals of children, or Worst Forms of Hazards faced by Children at Work. Here the Convention recommended that the circumstances should be determined in consultation with organisations of employers and workers within a specific country. The Convention recommends that programmes of action should attend specifically to younger children, the girl child, hidden work situation in which girls are at special risk, and other groups of children with special vulnerabilities or needs. Worst Forms of Child Labour Recommendation No 190 contains recommendations on the types of hazards that should be considered to be included within a country-based definition of worst form hazards. This could lead to many deaths.

The worst forms of child labour that should be prohibited in ILO Recommendation No. 190 are:

Country programmes on WFCL

Several programs exist (coordinated by the ILO or other UN organisations) to stimulate adherence to the convention:

The Special Rapporteur on the sale of children, child prostitution and child pornography plays a role in the co-ordination of activities.

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">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.

The programme Towards the Elimination of the worst forms of Child Labour (TECL) is a programme on child labour and related issues that is run in all the countries of the Southern African Customs Union (SACU), namely Botswana, Lesotho, Namibia, South Africa and Swaziland.

The International Labour Organization Worst Forms of Child Labour Convention calls for time-bound programmes for the eradication of the worst forms of child labour. Countries ratifying this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour (WFCL) as a matter of urgency.

The International Programme on the Elimination of Child Labour (IPEC) is a programme that the International Labour Organization has run since 1992. IPEC's aim is to work towards the progressive elimination of child labour by strengthening national capacities to address child labour problems, and by creating a worldwide movement to combat it.

The Worst Forms of Child Labour Recommendation was adopted by the International Labour Organization (ILO) in 1999 as ILO Recommendation No 190. The provisions of this Recommendation supplement those of the Worst Forms of Child Labour Convention and should be applied in conjunction with them. This article should be read together with that on the convention.

<span class="mw-page-title-main">Commercial sexual exploitation of children</span> Commercial transaction that involves the sexual exploitation of a child

Commercial sexual exploitation of children (CSEC) is a commercial transaction that involves the sexual exploitation of a minor, or person under the age of consent. CSEC involves a range of abuses, including but not limited to: the, child pornography, stripping, erotic massage, phone sex lines, internet-based exploitation, and early forced marriage.

<span class="mw-page-title-main">Minimum Age Convention, 1973</span> International Labour Organization Convention

The ILO Convention Concerning Minimum Age for Admission to Employment C138, is a convention adopted in 1973 by the International Labour Organization. It requires ratifying states 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. It is one of eight ILO fundamental conventions. Convention C138 replaces several similar ILO conventions in specific fields of labour.

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.

Child labour in Namibia is not always reported. This involved cases of child prostitution as well as voluntary and forced agricultural labour, cattle herding and vending.

The Worst Forms of Hazards faced by Children at Work is a provision in the Worst Forms of Child Labour Recommendation adopted by the International Labour Organization (ILO) in 1999. It sets out the framework for examining and assessing, "work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety, or morals or children".

<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">World Day Against Child Labour</span> International observance, June 12

The World Day Against Child Labour is an International Labour Organization (ILO)-sanctioned holiday first launched in 2002 aiming to raise awareness and activism to prevent child labour. It was spurred by ratifications of ILO Convention No. 138 on the minimum age for employment and ILO Convention No. 182 on the worst forms of child labour.

<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.

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.

In keeping with the Paris Principles definition of a child soldier, the Roméo Dallaire Child Soldiers Initiative defines a child pirate as any person below 18 years of age who is or who has been recruited or used by a pirate gang in any capacity, including children – boys and/or girls – used as gunmen in boarding parties, hostage guards, negotiators, ship captains, messengers, spies or for sexual purposes, whether at sea or on land. It does not only refer to a child who is taking or has taken a direct part in kinetic criminal operations.

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

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.

References

  1. 1 2 "Convention on worst forms of child labour receives universal ratification". 4 August 2020. Retrieved 25 November 2020.
  2. "Conventions and ratifications". International Labour Organization . 27 May 2011.
  3. "Convention C001 Hours of Work (Industry) Convention 1919 (No 1)". www.ilo.org. Retrieved 30 May 2020.
  4. "R190 - Worst Forms of Child Labour Recommendation, 1999 (No. 190)". International Labour Organization . 17 June 1999.
  5. "Convention on worst forms of child labour receives universal ratification". UN News. 4 August 2020.
  6. "Report IV, Fundamental principles and rights at work: From commitment to action" (PDF). International Labour Organization (First ed.). 2012.
  7. "Treaty Database; Convention concerning the prohibition and immediate action for the elimination of the worst forms of child labour". Ministry of Foreign Affairs (Netherlands). Retrieved 29 December 2019.
  8. "Convention C182 - Worst Forms of Child Labour Convention, 1999 (No. 182)". www.ilo.org.
  9. 1 2 3 "C182 Worst Forms of Child Labour Convention, 1999". International Labour Organization. 1999. Archived from the original on 26 February 2012. Retrieved 25 April 2012.
  10. "Worst forms of child labour (IPEC)". www.ilo.org. Retrieved 25 July 2018.