ilo standards ilo standards and national and national

1IPEC An ILO Initiative

ILO standards ILO standards and national and national legal framework onlegal framework on child labour:child labour:

How they relate How they relate to the education debateto the education debate

Y.Noguchi, Senior legal officer,Y.Noguchi, Senior legal officer,International Programme International Programme

on the Elimination on the Elimination of Child Labour (IPEC),of Child Labour (IPEC),

International Labour OrganizationInternational Labour Organization

Oslo, 21 October 2008


International Principles and Rights

UN Convention UN Convention on the Rightson the Rights

f h Childf h Child

Provides that children beProvides that children beprotected from protected from economiceconomic

l it til it ti d k th td k th tof the Childof the Child exploitationexploitation and work thatand work thatthreatens their healththreatens their health

educationeducation andanddevelopmentdevelopmentdevelopmentdevelopment

ILO DeclarationILO Declarationon Fundamentalon Fundamental Declares the effectiveDeclares the effective

ILO Minimum AgeConvention, No. 138

Principles andPrinciples andRights at WorkRights at Work

abolition of childabolition of childlabourlabour as a social pillaras a social pillarof the global economyof the global economy

,

ILO Worst Forms of Child LabourC ti N 182Convention, No. 182


Convention No. 138

ILO Minimum Age

Requires a national policy for theeffective abolition of child labour(Art. 1)g

ConventionNo. 138

Requires a specification of minimumage > end of compulsory education(Art. 2)

GeneralGeneral Exceptions forExceptions fordeveloping countriesdeveloping countriesdeveloping countriesdeveloping countries

Basic Minimum Age (Art. 2)Basic Minimum Age (Art. 2) not below the end of compulsory not below the end of compulsory schooling; at least 15 yearsschooling; at least 15 years 14 years14 yearsschooling; at least 15 yearsschooling; at least 15 years 14 years14 years

Hazardous work (Art. 3)Hazardous work (Art. 3) 18 years18 years NO EXCEPTIONNO EXCEPTION(16 years conditionally)(16 years conditionally)

Light work (Art. 7)Light work (Art. 7) 1313--15 years15 years 1212--14 years14 years


C138: Basic Minimum Age and Education

A 2 ( 3)A 2 ( 3)

Minimum working age: Not lower than the age for

Art. 2, (para. 3)Art. 2, (para. 3) completion ofcompulsory schooling+ at least 15 15 years of age

Initially exceptional minimumage of 1414 in countries whose

Art. 2, (para. 4)Art. 2, (para. 4)

age of 14 14 in countries whoseeconomy and educational

facilities are notfully developedfully developed

After consultationAfter consultationwith social partnerswith social partners


C138: Light work and Education

From 13 years of age whenArt. 7, (para. 1)Art. 7, (para. 1)

From 13 years of age whenwork is not likely to interferewith schooling nor to harmtheir health or developmentt e ea t o deve op e t

Art. 7, (para. 4)Art. 7, (para. 4)From 12 years of age, underthe same conditions, whenthe same conditions, wheneconomy and educationalfacilities of a country areinsufficiently developedy p


Policy recommendations (R146)

• The development and progressive extension of d i d i l i i ieducation and vocational training appropriate to

the needs of the children (Para 2(d)) ;• Requiring full-time schooling or vocational

training programmes and effectively ensuring them up to the minimum working age (Para 4)

• Special attention in enforcement, to the prevention p , pof the employment or work of children during the hours when instruction is available. (Para 15(b))( ( ))


What is child labour to be abolished?

Children between the minimum age

and 18

Children between 12/13 and the minimum age

Children below 12/13 years of y

age

Work excluded from minimum Light work

Non-hazardous, non-light

Hazardous work(and also other from minimum

age legislationLight work non light

work worst forms of child labour)

Shaded area = child labour for abolitionShaded area = child labour for abolition


C182 in relation with C138

C182 complements C138:C182 complements C138:

Convention No. 138 aims atConvention No. 138 aims atall formsall forms of child labourof child labour

Convention No. 182 aims atConvention No. 182 aims atthe worst forms of childthe worst forms of childe wo s o s o c de wo s o s o c d

labour as a matterlabour as a matterofof prioritypriorityof of prioritypriority


C 182: coverage

IncludingIncludingforced recruitmentforced recruitment

for use in armedfor use in armedChildren Children

All sectorsof economic

activity for use in armedfor use in armedconflictconflictin hazardousin hazardous

workwork Children in Children in illicit activitiesillicit activities

y

Girls and boysd 18

Children inChildren inprostitution andprostitution and

under 18 years

Special attention pornographypornographySpecial attentionfor most vulnerable

like very youngand girls

Children inChildren indebt bondage ordebt bondage ortraffickingtrafficking

Children inChildren inslavery, forced orslavery, forced or

compulsory compulsory

Worst forms ofchild labour as co pu so yco pu so y

labourlabourprioritytarget groups


C182: Obligations (summary)

To take To take immediateimmediate and and effectiveeffectivemeasures to prohibit andmeasures to prohibit and

eliminate the worst forms ofeliminate the worst forms ofchild labour as a matter ofchild labour as a matter ofchild labour as a matter ofchild labour as a matter of

urgencyurgency (Art. 1)(Art. 1)

Determine and map hazardous workDetermine and map hazardous work Ratifying member States mustRatifying member States mustapply the Conventionapply the Convention

Establish monitoring mechanismsEstablish monitoring mechanisms

pp ypp y

Develop time bound measuresDevelop time bound measures

Design/implement programmes of actionDesign/implement programmes of action Enhance international assistance/cooperationEnhance international assistance/cooperation


C182 and R190: Obligations and Recommendations

C.182C.182Art 6Art 6

Design and implementDesign and implementprogrammes of actionprogrammes of action

In consultationIn consultationwith social partnerswith social partners

Art. 6Art. 6 programmes of actionprogrammes of actionConsider views ofConsider views of

«« other concerned groupsother concerned groupsas appropriateas appropriate » e g» e gas appropriateas appropriate », e.g.», e.g.NGOs and parents’NGOs and parents’

organizationsorganizationsRecommended elementsRecommended elements

(Recommendation No. 190, para. 2)(Recommendation No. 190, para. 2)

Identifying and denouncingthe worst forms of child labour

Special attention tohigh-risk communities

Special attention to younger Sensitization of public

Social mobilizationPrevention, protectionand rehabilitation

children, girls and otherhighly vulnerable

Sensitization of public,children and their families


C182: Obligations

Art. 7 (para. 2)Art. 7 (para. 2) Develop effective and timeDevelop effective and time--bound measuresbound measures

PREVENTPREVENT children from engaging in worst forms of child labourchildren from engaging in worst forms of child labour

Provide directProvide direct ASSISTANCEASSISTANCE for removal, rehabilitationfor removal, rehabilitationand social reand social re--integrationintegration

Ensure access to free basic Ensure access to free basic EDUCATIONEDUCATION and, if possible,and, if possible,vocational trainingvocational training

Identify and reach out to children at Identify and reach out to children at SPECIAL RISKSPECIAL RISK,,e.g. domestic work under abusive circumstancese.g. domestic work under abusive circumstances

Take account of the special situation of Take account of the special situation of GIRLSGIRLS


ILO Regular supervisory machineryGovernment reports

Employers’ and workers’ comments

Committee of Experts on the Applicationof Conventions and Recommendations

Direct requests sentto governments

Observations publishedin report III (4A)

Tripartite Conference Committee[Governments employers workers][Governments, employers, workers]

of the International Labour Conference


Child labour and Poverty

Child LabourChild LabourPoverty causes child labour and Child LabourChild Labourchild labour causes poverty !!

EDUCATION

PovertyPovertyTo break the cycle !!


What is the Time-Bound Programme?

Clear goals Clear goals –– specific targets specific targets –– defined time framedefined time frame

Operates at many levels: international, national, provincial, community,

Definition: A set of integrated &

individual/family.

coordinated policies & programmes to prevent & eliminate a

Addresses root causes of WFCL.

i k i l ffto prevent & eliminate a country’s worst forms of child

labour within a defined

Links to national development effort.

E h i “ t hi ”period of time. Emphasis on “country ownership”.


For more informationFor more informationplease contactplease contact

International Programme on the International Programme on the Eli i ti f Child L bEli i ti f Child L bElimination of Child LabourElimination of Child Labour

4, Route des Morillons4, Route des MorillonsCHCH 1211 Geneva 221211 Geneva 22CHCH--1211 Geneva 221211 Geneva 22

SwitzerlandSwitzerland

Tel : (+41Tel : (+41 -- 22) 799 81 8122) 799 81 81Tel.: (+41 Tel.: (+41 -- 22) 799 81 8122) 799 81 81Fax: (+41 Fax: (+41 -- 22) 799 87 7122) 799 87 71

EE--mail: mail: [email protected]@ilo.org

Child labour website:Child labour website:Child labour website:Child labour website:http://www.ilo.org/childlabourhttp://www.ilo.org/childlabour

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