Convention on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor (C 182). 182: Convention concerning the prohibition and immediate action for the elimination of the worst forms of child labor (C 182).
Statement of purpose
This study will provide a critical analysis of the legislation regulating child labor in southern Africa, with an emphasis on Malawi, South Africa and Zimbabwe. Further analysis of these laws will be conducted to identify weaknesses or gaps that may prevent the legislation from effectively combating or reducing child labor.
Rationale for the study
Therefore, the main objective of this study is to investigate whether the continued prevalence of child labor is due to an oversight or is the result of a wrong approach by various governments in drafting legislation. In the event that gaps are identified, realistic recommendations will be made on how these problems can be corrected, or how governments should address certain provisions to make these laws work effectively in the fight against child labor in southern Africa.
Research questions
For example, it affects a child's development both physically and socially, it compromises educational opportunities49 and it increases children's exposure to sexual abuse, resulting in high levels of HIV/AIDS infections.50 The problem of child labor also extends to practices such as trafficking or human trafficking of young people, introducing them to prostitution, pornography and early child marriage.51 Child labor in southern Africa also denies children the opportunity to break out of the cruel cycle of poverty and despair in which they are often born.52 Therefore, the study of child labor and its regulation is of great importance for the African continent. Furthermore, the study will develop new approaches on how protective laws against child labor can effectively control or abolish child labor to enable greater development in Africa.
Research methodology
Theoretical framework
Due to the fact that child labor is regulated by various child labor protective laws, this study is concerned with the law, its interpretation and its application. The underlying assumptions of positive law have helped in the analysis of current laws on child labor in relation to the practices of different states.
Research outline
LITERATURE REVIEW
- Introduction
- Definition of a child
- Definition of child labour
- Understanding child labour at an international level
- Child labour in Southern Africa
- The Conflict between the ‘child labour’ concept and the African culture
- Profit maximisation concept
- HIV/AIDS epidemic
- Education
- Labour inspectors
- Child labour legal framework
- The nature and scope of child labour in
- Malawi
- South Africa
- Zimbabwe
- Conclusion
The last category of child labor is defined as work performed by children outside the family environment. Child labor practices and regulations in southern Africa will be discussed in the next section. 112“Child Labor in Agriculture” available at http://www.hrw.org/legacy/backgrounder/crp/back0610.htm (accessed August 20, 2014).
127M Jankanish International Child Rights Monitor: A New ILO Convention to Eliminate the Worst Forms of Child Labor (1999) 5.
REVIEW OF INTERNATIONAL LABOUR ORGANISATION CONVENTIONS AND OTHER INSTRUMENTS ON CHILD
LABOUR
- Introduction
- Regulation of Child Labour at an International Level .1 The Convention on the Rights of the Child
- The Minimum Age for Admission to Employment Convention No 138 and Recommendation 146, 1973
- The Worst Forms of Child Labour Convention, 1999 (No. 182)
- Regulation of child labour at regional level
- The African Charter on the Rights and Welfare of the Child 1990
- Conclusion
With regard to sanctions, the Convention calls for reasonable and effective penalties that will assist in the implementation of the instrument. The main aim of the convention is to abolish the worst forms of child labour. According to article 1 of the convention, member states are obliged to establish effective methods or national programs, laws and policies to eliminate all the worst forms of child abuse.
If Member States are allowed to act at their discretion without proper ILO guidance, eliminating the worst forms of child labor will be difficult to achieve. The African Charter on the Rights and Welfare of the Child (hereinafter ACRWC) is an important instrument because it provides various rights to African children. Therefore, according to this charter, child labor is a gross violation of human rights and must be abolished to protect the future of the child.312
312A Lloyd “A theoretical analysis of the reality of children's rights in Africa: an introduction to the African Charter on the Rights and Welfare of the Child” (2002) 1 AHRLJ 11, 11. In summary, it can be said that the commitment of ratifying states in the abolition of child labor is measured against the provisions of international treaties. It is therefore against this international background of child labor that the analysis of the laws protecting against child labor will be carried out in the next chapter.
OUTLINING GAPS IN CHILD LABOUR PROTECTIVE LAWS IN MALAWI, SOUTH AFRICA AND ZIMBABWE
Introduction
Discussion of gaps found in various aspects provided for in legislation
- Standard definition of a child
- Scope of Application
- Inspection System
- Labour records or registers
- Penalties
- The right to free and compulsory education
Therefore, the main argument is the need for all child labor protection laws to be standardized and in line with international child labor conventions. Furthermore, the age definition can be a loophole that can be used by child labor offenders to exploit children. This does not mean that the law should only protect school-going children under the age of 15, but it should be able to regulate the work of children up to the age of 15.
However, as it is still very new, it is not known whether the change will effectively help reduce the incidence of child labour. For these reasons, acquiring a search warrant prior to entering a child labor offender is not an ineffective way of safeguarding the child's interests. The effectiveness of child labor inspectors can be measured by the number of reported child labor crimes.
When addressing child labor issues, an employer's disclosure of the child's age in employment history is not sufficient to improve regulatory enforcement. In an effort to eliminate child labor, all three countries discussed have introduced penalties for violating child labor provisions as set out in their child labor protection laws. The Basic Terms of Employment Amendment Act, 2013399, proposes an increase in the penalties to be imposed on child labor offenders.
However, none of the above sanctions are sufficiently severe when considering the scale of the child labor problem in Africa. It is therefore clear that free and compulsory education is not enough to eradicate child labor unless the government introduces both quality education and social programs to help effectively implement the legislation.
Conclusion
As indicated in the literature review, the quality of education is still poor, despite the fact that education in South Africa is free and compulsory;448 therefore, the government needs to improve the education system and motivate parents and guardians to invest in their children. s future by sending them to school.
RECOMMENDATIONS AND CONCLUSION
- Introduction
- An overview of the research
- Recommendations
- The introduction of Child Labour Act
- Sanctions and enforcement
- Child labour trade union
- Education
- Conclusion
There is no doubt that child labor is a human rights violation that affects the dignity of young children. This contradiction relates to the working age or to the definition of child labor. This law regulates all aspects of child labor, both domestic and economic child labor.
The recommendation is that children should be able to play a significant role in the abolition of child labour. The study has found that there is a connection between child labor and the education system. The following recommendation suggests how education can effectively control child labor in the countries discussed.
It is recommended that a child labor curriculum be introduced as part of the education system to control the growth of child labor in Africa. Current laws to protect against child labor are inadequate in several respects, making the eradication of child labor in these countries unnecessary. Moreover, continued improvements in economic policies in the countries surveyed remain important in eliminating child labor.
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SECONDARY SOURCES
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