IPEC International Program for the Elimination of Child Labor National Coalition for Adoption NACSA South Africa. Studies show that Sub-Saharan Africa continues to be the region with the highest incidence of child labour.
Research questions 5
South Africa's approach to child labor derives largely from the way in which international law has attempted to resolve issues related to child labour. Therefore, the purpose of this research is to critically examine the effectiveness and adequacy of the implementation of universal child labor standards in South Africa, a country which, like most indigenous countries in Africa, differs radically from the West in relation to social, economic and political issues. and cultural circumstances.
Objectives 5
Significance of the study 6
It is therefore relevant that strategies are adopted to address child labor in developing countries such as South Africa, which are aware of the various circumstances that require children to participate in child labour. This study therefore seeks to offer new propositions that will inform and enlighten policymakers and legislators in South Africa on how a child-centred approach to child labor can complement legislation to effectively address the problem of child labor in South Africa.
Literature review 6
However, such approaches to child labor do not address the very circumstances that force children in South Africa to engage in child labour. This study therefore aims to illustrate how a child-centred approach to child labor can complement legislation in effectively dealing with the problem of child labor in South Africa.
Principle theories upon which this study is based 9
It is argued that a child-centred approach will ultimately ensure not only that the child is protected from economic exploitation, but will also promote the best interests of the child. Most scholars agree that the tension between universalism and cultural relativism is real and necessary, and so human rights practice must learn to operate in the middle ground to adopt approaches that involve neither embracing an artificial and sterile universalism nor accepting an ultimately self-defeating cultural relativism.
Research Methodology 10
Limitations of the study 10
Structure of the dissertation 11
This illustrates how a child-centred approach to child labor can complement legislation to effectively address child labor in South Africa. In doing so, it provides a discussion on some best practices regarding child labor that are currently being implemented in developing countries such as India, Brazil and the Philippines.
Introduction 12
At the regional level, the ACRWC has been inspired by trends evident in the CRC regarding child labour. This chapter will essentially provide a discussion of such international and regional instruments that have been adopted to respond to issues related to child labour.
International instruments 12
ILO Convention 138: Minimum Age Convention (1973) 12
Furthermore, the Minimum Age Convention prohibits children under a certain minimum age from participating in any economic activity. However, it does not indicate which factors should be taken into account when ultimately raising the minimum age.
With 165 ratifications in just nine years, Convention 182 has thus generated a broad global consensus that there must be a total abolition of the worst forms of child labor. Furthermore, Article 6 obliges Member States to design and implement action programs to eradicate the worst forms of child labor as a priority.
United Nations Convention on the Rights of the Child, 1989 19
The importance of child participation when dealing with child labor issues will be discussed in more detail in Chapter 6.
Regional Instruments 20
The African Charter on the Rights and Welfare of the Child, 1990 20
The African Commission on Human and People’s Rights 21
The commission is tasked with ensuring the protection and promotion of human rights and people's rights and interpretation of the ACHPR. Although the ACHPR does not expressly contain provisions on the rights of the child, it encourages States parties to ensure the protection of the rights of the child as set out in both international declarations and conventions.
Conclusion 22
The Committee has noted with concern that the implementation of these rights requires resources that make their realization a difficult task, in light of the poor socio-economic conditions in most countries in Africa, including South Africa. This chapter provides a discussion on the concept of child labor, as well as the prevalence of child labor, both globally and specifically within the South African context.
What is child labour? 23
However, Lieten argues that child labor is a new phenomenon that emerged with the advent of capitalism. However, Nanjunda argues that "child labor" can be understood in two different ways: firstly as an economic practice and secondly as a social evil.
Prevalence of child labour globally 25
Child Labour and Gender 26
However, research shows that the prevalence of child labor is much higher among boys than among girls in the age group of 5 to 17 years. Such employment sectors are often regulated and therefore data collection on such forms of child labor is still ongoing.
Prevalence of child labour in South Africa 27
Types of work that children are engaged in within South Africa 28
- Employment type labour 28
- Household chores 28
- Non-market economic work 29
- Child domestic work 30
In this regard, the SAYP showed that among children enrolled and attending school, 81.3% were involved in at least one household job compared to 73.3% of children not attending school. The next relatively common activity was subsistence farming, with 7 percent of children reporting doing this type of work in 2010.
Conclusion 31
However, the hidden nature of child domestic work makes it difficult to obtain representative data, as such children are often hidden from the public eye and from labor inspection. Despite this, studies show that approximately 53 000 children are victims of domestic child labor in South Africa.
Introduction 32
It is therefore essential that strategies adopted to resolve issues related to child labor respond to the very circumstances that force children in South Africa to engage in the practice.
Causes of child labour 32
- Poverty 32
- Unemployment 33
- HIV/AIDS 34
- Child-headed households 35
In this context, it is recognized that child labor remains a serious problem in South Africa. However, as reflected in the discussion of the causes of child labor above, it is clear that many children in South Africa engage in child labor to ensure the survival of their families.
Conclusion 36
- Constitution 37
- Basic Conditions of Employment Act 38
- The Children’s Act 39
- The South African School’s Act 40
- The Sexual Offences Act 41
In this regard, it is argued that the principle of "best interests of the child" is fundamental in that its ultimate purpose is to protect and safeguard the needs and rights of children within South Africa. The issue of sexual exploitation for commercial purposes is dealt with in terms of the Criminal Law (Sex Places and Related Matters).
Government Policies on child labour 42
- Child Labour Programme of Action for South Africa: Phase three: 2013-2017 42
- South African Education Action Plan 44
- Social Grants 44
- National School Nutrition Programme 45
The CLPA is commendable in that it addresses some of the circumstances that force children to engage in child labour. In addition, it is essential that effective strategies are adopted which will enable the monitoring and implementation of the program to be improved to ensure that progress is made on an ongoing basis.
Conclusion 46
The program, which is funded by the Department of Basic Education, ensures that students are served nutritious meals during the school day. However, the overall goal of the program is to increase teaching capacity and improve access to education for primary and secondary school students.
Introduction 47
The conflict between international child labour laws and the reality in South Africa 47
Socio-cultural perspectives of work and childhood 48
In this regard, it is argued that minimum age standards express an ideal of childhood as one. Such romantic views of childhood are often based on an idyllic, bourgeois model of childhood that arose in the European context of the 19th century industrial revolution.
Socio-economic conditions in South Africa 53
It is recognized that there are certain types of child labor that can never be justified or condoned, such as those prohibited by the Convention on the Worst Forms of Child Labour. Likewise, within the context of child labour, it is essential that any policies and interventions implemented on behalf of children lead to them being left untimely better off.
Education and Schooling in South Africa 57
Couzens et al argue that the decision to legally recognize such households was essential given the current social reality and economic needs of children in South Africa. Unfortunately, the educational experience in South Africa differs significantly from that in modern developed countries.
Conclusion 60
Such an approach does in fact exist, and is advocated by many who believe that the best interests of the child should be the first and foremost concern of all policies and programs relating to child labour. The idea behind this approach is mainly supported by child rights activists and grassroots practitioners working with children, and by psychologists, economists and social scientists interested in developing measures that respond more effectively to working children's problems and needs.
A Child Centered Approach to child labour 62
Poverty Reduction 63
The organization believes that poverty is one of the key contributing factors to child labour, and thus without eliminating poverty, child labor will inevitably continue. It is recognized that the purpose of the Convention in this regard is to protect and promote the development of such children.
Schooling and Education 65
For children in need, such work experience should be an extension of the school curriculum. Such an approach should be regulated by legislation to ensure that the best interests of such children are protected at all times.
Employers 70
However, such employment is limited to the employment of children in carrying out advertising, artistic and cultural activities. While such an approach is limited to the employment of children in the performance industry, it is recognized that such work does not only provide opportunities for children.
Information, Advocacy and Awareness Raising 72
It could be argued that this practical approach adopted by the South African government in relation to child labor should be extended to cater for other types of child labor in which children should be allowed to engage. For example, as illustrated by the child labor program in the Philippines mentioned above, approaches such as those adopted in terms of Sectoral Determination 10 in South Africa can effectively be extended to allow children to be employed part-time in industry. of production and production where they can be involved in activities such as knitting, beadwork and leatherwork.
Child Participation 73
In this regard, the CRC approach is useful, which stipulates that the child's views should be given due consideration, taking into account the child's age and level of maturity. Therefore, it is essential that the child participation process is adapted and adapted to the different ages and maturity levels of the children concerned.
Trade Unions and Children’s Organisations 75
UNICEF (2008) ‘Child labor and commercial exploitation’ – Available at http://www.unicef.org/esaro/5480child_labour_sexuality_exploitation.html (accessed 12 January 2015). The need for a modern balancing test to regulate child labor in international business' (26) 3 Journal of Transitional Law and Policy Children's Rights and Protection Against Child Labor in South Africa'.
Capturing culture specific issues in South Africa within international norms 77
Conclusion 79
United States Department of Labor Findings on the Worst Forms of Child Labor' United States Department of Labor 1-953. Protecting children from violence, exploitation and abuse/UNICEF- Available at http://www.unicef.org/protection/57929_child_labour.html (Accessed 14 January 2015).
