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World Day Against Child Labour 2014
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What is child labour work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development. work that: is mentally, physically, socially or morally dangerous and harmful to children; interferes with their schooling by: depriving them of the opportunity to attend school; obliging them to leave school prematurely; or requiring them to attempt to combine school attendance with excessively long and heavy work.
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3 A 14 year old boy works on a rubber plantation and is exposed to various work hazards. He taps rubber before sunrise daily and is exposed to pesticides. His parents helped him find the job. He receives a salary and is free to leave. However, he feels forced to continue as there are no known alternative sources of income and leaving the job would make his parents unhappy. Is he a victim of the WFCL? If he was17 instead, is the outcome different? If he only did non-hazardous work (during daylight hours), is the outcome different? Case example A: Lack of alternatives?/Work hazards
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4 A 16 year old girl from a broken family decides to move to Yangon and becomes a sex worker. The pay by her boss/pimp is good. There are no signs of coercion. Is this a case of child labour and a WFCL? If so, on what grounds? If no, why not? Case example B: Voluntary?
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5 May is 15 and placed with a non-blood relative extended family member, and through parental consent; she lives-in there, does not go to school and is ‘required’ to work from 5 am to 11 pm doing domestic work – cleaning, cooking, caring for children and elderly, etc. She is paid in-kind (food, clothing, shelter) Is May a victim of child labour? If so, on what grounds? Is May a victim of the WFCL? If so, on what grounds? Case example C: Placement with extended family?
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6 A 13 year old boy goes to school but works with his mother on weekends and holidays in garment factories from 8 A.M. to 6 P.M. Is this acceptable? Is he a victim of child labour? If so, on what grounds? Is he a victim of the WFCL? If so, on what grounds? Case example D: Weekend/Holiday Work?
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Child labour globally… 168 million child labourers 85M in hazardous work
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Globally - what are child labourers doing? Distribution of child labourers by economic sector, 5-17 years age group, 2012 (%)
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Forms of CL in Asia Children work in both rural and urban settings: Largely in the informal sector, as unpaid family workers in home- based work settings. They are involved in: hazardous work – mainly in agriculture, including fisheries child domestic labour, restaurant and bar workers Portering (carrying goods), rubbish pickers Construction and Mining illicit activities – drugs, crimes, begging rings armed conflict – both by state and rebel groups prostitution – including pornography in supply chains: rubber, shrimp, sugar, garments, carpets manufacturing & processing –footwear, sporting goods, traditional handicrafts, textiles, bricks Further, some children are victims of: Trafficking and forced labour
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Forms of CL in Asia (Cont) Children even more vulnerable in several countries Asia as they are: Undocumented migrants (cross- border) Unaccompanied migrants (migrate without parent or legal guardian) Stateless persons Ethnic or Tribal Minorities Girls
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Causes of child labour Family / Culturally acceptable Poverty External/Internal factors Economic shock (crisis) Supply/Demand Factor Child Labour is driven in part by households vulnerabilities associated with poverty, risks and shocks
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International Standards on Child Labour ILO Convention 138 on minimum age ILO Convention 182 on the Worst Forms of Child Labour UN Convention on the Right of the Child (UNCRC)
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International Labour Standards Models and Targets for Labour Laws Sources of International Laws applied at the national level Guidelines for social policies Others: Companies International Industries International Organizations INGOs and NGOs Roles of Workers’ and Employers’ Organization (drafting, advocacy for ratifications, reporting, complaints)
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Worst forms of child labour ILO Convention 182 the worst forms of child labour comprises: (a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; (b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances; (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties; (d) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children
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Main Articles 1. Immediate Measures 2. Definition of the child 3. Definition of the WFCL 4. Determination of Hazardous Work 5. Monitoring Mechanisms 6. Programmes of Action 7. Necessary Measures 8. International Cooperation
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Recommendation R190 Complementary and propose outline on the implementation of Convention C182: Adopt national plan of action Determine hazardous work Establish monitoring mechanism Compile data; Provide appropriate penalties and remedies Designate certain activities as criminal offence Consider measures aimed at eliminating WFCL International cooperation
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ILO Minimum Age Convention C138 Minimum Age Hazardous Work Exceptions Vocational Training and Apprenticeship Light Work
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Minimum Age ( Art. 2) Minimum age for work should not be less than the age of compulsory schooling and not less than 15. Exception: 14 years if the economy and educational facilities are insufficiently developed; - course of education or training - vocational training - orientation course States should have as their objective the progressive raising the minimum age to 16 years
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Hazardous Work (Art.3) Work harmful to health, safety or morals can not be less than 18 years; Exception: 16 years, the health, safety or morals of adolescents are fully protected, Proper instruction and training.
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Exceptions (Art.4) Certain categories of work may be excluded: After tripartite consultation Shall be listed in first report to ILO and justification should be provided. Work listed under Art.3 shall not be excluded.
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Limitation of Scope (Art.5) Allowed to country with economy and administrative facilities insufficiently developed. Declaration of the economic sectors in which the Convention will have applicability; Shall be applicable as a minimum to: mining, construction, electricity, gas, water, sanitation, transport, storage and communications, plantations and other agricultural enterprises; Annual report of the state of child labour to activities exluded from application of the Convention.
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Vocational Training and Apprenticeship (Art.6) The Convention does not apply to: Children and youth in Vocational Training schools or technical education Work done by youth, at least 14, and carried out in accordance with conditions prescribed by the competent authority after consultation with employers and workers organization.
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Light Work (Art.7) Work that do not jeopardize the health, development and school attendance; permitted to persons between 13 and 15 years; Limit hours and pre-establishment of working conditions. Exception: 12 to 14 years in countries with underdeveloped economies and conditions
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Individual Authorization (Art.8) Approval after consultation with employers and employees; Work such as participation in artistic performances; Limit hours and pre-establishment of working conditions.
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Individual Authorization (Art.8) Approval after consultation with employers and employees; Work such as participation in artistic performances; Limit hours and pre-establishment of working conditions.
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Enforcement (Art.9) Competent authority shall establish appropriate sanctions; Strengthening Labour Inspection; Special attention should be given: Work and hazardous work; Prohibition of employment or work during school hours. Adoption of measures to facilitate the verification of age should be taken: System of birth registration; Employers must provide documentation of youth employed; Adolescents without employers must carry licenses to work.
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The minimum age at which children can start work. Possible exceptions for developing countries Hazardous work Any work which is likely to jeopardize children’s physical, mental or moral heath, safety or morals should not be done by anyone under the age of 18. 18 (16 under strict conditions) Basic Minimum Age The minimum age for work should not be below the age for finishing compulsory schooling, which is generally 15. 1514 Light work Children between the ages of 13 and 15 years old may do light work, as long as it does not threaten their health and safety, or hinder their education or vocational orientation and training. 13-1512-14 Minimum Age Convention ILO Convention 138
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Causes of child labour Family / Culturally acceptable Poverty External/Internal factors Economic shock (crisis) Supply/Demand Factor Child Labour is driven in part by households vulnerabilities associated with poverty, risks and shocks
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Child labour and social protection Evidences suggest that continued progress against child labour will require national policies that help to make households less vulnerable to the effects of poverty and economic shocks. Social protection enables among other access to education, health care and nutrition, unemployment protection, it plays a critical role in the fight against child labour.
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Social protection mechanisms… Cash and in-kind transfer programmes Public employment programmes Social health protection Maternity benefits Social protection for people with disabilities Income security in old age Unemployment protection
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Social protection instruments Social protection instruments which are most helpful in combating child labour include: Cash and in-kind transfer programmes that enhance income security for families, can prevent child labour and promote enrolment of children into schools Unemployment protection – reduces the need to rely on income of children when adults face job loss Health care protection– stops families sending children to work when breadwinner falls ill or when health costs hit family incomes
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Social protection instruments Income security in old age – economic security of the entire household helps ensure children go to school and not to work Public employment programmes – keep adults in work and earning and children out of child labour. They also assist local community development-schools, roads, health centres Maternity benefits – help avoid older children having to replace a mother’s income Disability benefits – help prevent households from resorting to child labour
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World Day Against Child Labour Launched in 2002 as a way to highlight the plight of the child labourers. Observed on June 12th, intended to serve as a catalyst for the growing worldwide movement against child labour, reflected in the huge number of ratifications of ILO Convention No. 182 and ILO Convention No. 138 Opportunity to gain further support of individual governments and that of the ILO social partners, civil society and others, including schools, youth and women's groups as well as the media, in the campaign against child labour
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International Programme on the Elimination of Child Labour (IPEC) Fundamental Principles and Rights at Work (FPRW) Branch
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Call to action… Action to introduce, improve and extend social protection, in line with the ILO Recommendation No. 202 on social protection floors. National social security systems that are sensitive to children’s needs and help fighting child labour. Social protection that reaches out to especially vulnerable groups of children
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THE END Together let’s make a difference!
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