The UN published the full range of children’s rights in the Convention on the Rights of the Child, adopted in 1989. Article 32 commits governments to recognising:
“… 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.”[1]
harmful to the child’s health or physical, mental, spiritual, moral or social development.”[1]
A second part of the same article[2] describes the measures governments must take to implement this right. They must:
(a) Provide for a minimum age or minimum ages for admission to
employment;
(b) Provide for appropriate regulation of the hours and conditions
of employment;
(c) Provide for appropriate penalties or other sanctions to ensure
the effective enforcement of the present article.
In practice, despite the near universal ratification of the Convention, many countries have not fulfilled the obligations in “b” and “c”.[3]
According to Article 19 Governments must take action to protect children against all forms of physical or mental violence, injury, abuse, neglect, maltreatment or exploitation, including sexual abuse. Article 28 states that every child has the right to proper education. In Article 34 Governments must protect children from sexual exploitation and abuse. In particular
this means preventing the “exploitative use of children in prostitution” or in baffled pornographic performances and materials.[4]
this means preventing the “exploitative use of children in prostitution” or in baffled pornographic performances and materials.[4]
The EU Guidelines[5] for the Promotion and Protection of the Rights of the Child stress the need to implement these rights in EU policy and action. The Council emphasizes that the elimination of child labour is a legal obligation based in international treaties and conventions, in particular the Convention on the Rights of the Child and ILO Conventions[6]138 and 182. The Council invites the Commission, and EU Member States, to encourage partner countries to adopt and implement National Action Plans against Child Labour; Time bound Programmes to end the worst forms of child labour at the latest by 2016.[7]
[1] End Child Exploitation < http://www.unicef.org.uk/publications/pdf/ECECHILD2_A4.pdf> accessed 24thoctober 2010
[2] End Child Exploitation < http://www.unicef.org.uk/publications/pdf/ECECHILD2_A4.pdf> accessed 24thoctober 2010
[3] End Child Exploitation < http://www.unicef.org.uk/publications/pdf/ECECHILD2_A4.pdf> accessed 24thoctober 2010
[4] <End Child Exploitation < http://www.unicef.org.uk/publications/pdf/ECECHILD2_A4.pdf> accessed 24thoctober 2010
[5] Council conclusions on Child Labour (2010) <http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/115180.pdf> accessed 24th October 2010
[6] ILO Convention 138, 1973The International Labour Organization's (ILO) Minimum Age Convention sets a basic minimum age for employment of 15 years, and 14 for countries meeting the ILO's developing country exemptions. It prohibits hazardous work for young workers under the age of 18. ILO Convention 182, 1999
This Convention calls for the Prohibition and Immediate Elimination of the Worst Forms of Child Labour, including forced or bonded labour, and hazardous, unhealthy and unsafe work
[6] New ILO global report on child labour (2010) <http://www.ilo.org/global/About_the_ILO/Media_and_public_information/Press_releases/lang--en/WCMS_126840/index.htm> accessed 25th October 2010
[7] Council conclusions on Child Labour (2010) <http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/115180.pdf> accessed 24th October 2010
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