5. Child workers
International Network
Ten issues for a new mobilization
5. To take into account child workers
Child labour "1. States 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". Article 32 of the Convention |
38 The fight for the rights of the child is historically associated with the question of work, itself strictly connected with the theme of children's schooling [48]. The position of the International Labour Organisation (ILO) and of Article 32 of the Convention reaffirms it. In particular, international laws [49] trace a clear line of separation between acceptable forms of child labour for societies and the international community, and those that are not.
We join this perspective, yet with the concern to take into account the concrete situations and the aspirations of millions of children who presently work [50].
39 The eradication of « the worst forms of child labour »
The «intrinsically reprehensible forms of child labour » [51] correspond to what ILO Convention No 182 (1999) regroups in « the worst forms of child labour », all forms of slavery, prostitution and use of children for illicit activities (such as drugs trafficking) and all forms of work that, by their very nature or the conditions in which they are exercised, can damage the health, safety or morality of the child. According to us, under any circumstances, these activities are labor-related, but, on the contrary, constitute an offence. They must be eradicated ans their instigators brought to justice.
40 Other forms of work and child participation
In developing countries, child labour is a complex and different phenomenon, according to whether it takes place in rural areas, within the family, in the community, or in megalopolises. Child labour is unequally distributed among social classes, often with clear ethnic or racial connotations.
In these countries, it represents an important social and economic reality, its pure and simple ban, without adequate reflection, can turn against the children and penalize the poorest among them. Considering the extreme variety of each situation, the consultation and participation of those directly concerned, the children workers themselves, has to be the rule. Nevertheless, we are required to pay attention that these children are not manipulated. In addition, in some cases, families' pressure on children to make them work is very detrimental to them.
Child workers' organizations
At first, they developed in Latin America a little more than 30 years ago [52] (Movement of Nats). Today, we find them also in Africa and Asia. They gather children for whom working is vital because it allows them to help their families (when they are not themselves the head of the family) and very often, to provide for schooling needs. These organizations do not defend child labour, they have a critical approach of it, but children who are part of these organizations can assert their rights as children and as workers. For those among them who are street children, child workers' organizations represent a place where they can live a concrete experience of solidarity and learn about their rights.
Child workers' organizations must be consulted in all decision-making processes, and adequate training must be given to their staff.
41 Corporate social responsibility
In the context of globalized corporate social responsibility, we need to implement or to strengthen the legal obligations in the area of child labour and to increase the attention of both public authorities and consumers.
We believe that new options must be envisaged for transnational companies located in developing countries to contribute to youth training as in many developed countries, companies finance workers' training. Young people's vocational training constitutes a key for development.
[48] For instance, in France, education laws of 1881, 1882 and 1886 establish gratuitousness, secularism, and compulsory education up to 12 years. The law of 1900 sets the term of the daily work of children to 10 hours and from the age of 13.
[49] In particular, ILO Convention 138 (1973) on minimum age requires that it shall not be less than the age of completion of compulsory schooling and in any case shall not be less than 15 years and that hazardous labour is forbidden before 18 years; and Convention 182 on the worst forms of child labour.
[50] In 2006, the International Labour Office estimated to 218 millions the number of working children more than half among them (126 millions) in hazardous jobs. For the period 2002-2006, the International Labour Office estimates to 11% the decrease in the number of children at work and to 26% the one of children involved in hazardous jobs (data provided by the web site of the International Labour Organization (ILO) in the pages devoted to the International Program to Eliminate Child Labour (IPEC), www.ilo.org/ipec).
[51] Expression used for the first time in the 2002 ILO report: A Future without Child Labour, International Labour Conference, 90th session, Geneva 2002, §31.
[52] The MANTHOC (Movement of working adolescents and children, sons of Christian workers, derived from the Christian Working Youth) was created in Peru in 1976.
