violence against children WORLD REPORT ON - CRIN
violence against children WORLD REPORT ON - CRIN violence against children WORLD REPORT ON - CRIN
6The purpose of the new Convention was to strengthen the international legal frameworkfor action by focusing more widely than on minimum age of employment. Withits passage, the international profile of activity to tackle child labour reached anunprecedented level. The concept of ‘worst forms’ helped establish global priorities,and directed attention to the impacts of work on children as well as on the type ofwork they perform. A ‘worst form’ is not occupationally defined internationally, butby participating countries for their own context. However, some ‘unconditional worstforms’ are identified as universally outlawed.Taken together, Conventions Nos 138 and 182 set the boundaries of the types of workthat are unacceptable under international standards. These standards express the consensusview that work which falls within the legal limits and does not interfere with thechild’s health and development or prejudice their schooling can be a positive experience.Child labour proscribed under international law falls into three categories: 11• Unconditional worst forms of child labour, which are internationally definedas slavery, trafficking, debt bondage and other forms of forced labour,forced recruitment of children for use in armed conflict, prostitution andpornography, and illicit activities.• Work that jeopardises the physical, mental or moral well-being of a child,either because of its nature or because of the conditions in which it is carriedout, known as ‘hazardous work’, which should be defined at the national leveland prohibited for all children under 18 years; hazardous work is defined aswork “which exposes children to physical, psychological or sexual abuse.”• Work that is performed by a child who is under the minimum age specifiedfor that kind of work, and which is thus likely to impede the child’s educationand full development. The minimum working age should not be lower thanthe age for completing compulsory schooling, and normally at least 15 years.However, light work that is not harmful for the child and which does nothinder education may be allowed from 13 years onwards, but only for a limitednumber of hours.237Violence against children in places of workThe adoption of Convention No. 182 created a consensus among international bodiesand NGOs on priorities for ending child labour, beginning with the worst forms.Additional international concern with child sexual exploitation led to two further>>>
‘We all come from the same village in the south. We came to the city to work and have not seen ourfamilies since we left. We pay rent and live together as a group to defend ourselves from thieves.’Shoeshine boys, Eastern and Southern Africa, 2003 IIHuman rights INSTRUMENTSinternational legal developments: the Palermo Protocol on the trafficking of persons,especially women and children (2000); and an optional protocol to the CRC on thesale of children, child prostitution and child pornography (2000). These protocolsare directly relevant to the likelihood of violence against children in situations ofeconomic activity where there is international unanimity that children should not beemployed.238Violence against children in places of workBackground andcontextChildren have always worked. Many formsof child work are a natural part of growingup; traditionally, the child assumed domesticworking responsibilities – carrying water,minding siblings, herding goats, helping parentsat the loom or spindle – at the earliestpracticable age. These activities fused with‘work’ in its economic sense as the child grewolder. Many children in the world today stillwork in family-based activities as part of theinformal economy. Some of this work containsrisk of violence. It may involve childrentaking animals to pasture far from home andbeing exposed to marauders; it may be associatedwith seasonal migration for agriculturalwork, when children accompany their familiesand work in settings where conditions areextremely tough. It may involve them leavinghome for a precarious and unsafe life in town.In some places and among certain classes, castesor ethnic groups, parents place greater value onchildren being employed in economic activitiesthan going to school; 12 this attitude is particularlylikely where the quality and relevance ofthe available schooling is low. In settings witha strong social hierarchy, it may be normal forchildren from a disadvantaged background tobe assigned to work for better-off families at anearly age. Children in such societies are at thevery bottom of the pecking order. They are seenas the property of the family or employer, anddo what they are told. 13The emergence of childlabour as a policy concernThe issue of child labour has had a particulargenesis as a public policy concern. Until theindustrial revolution of the 19th century, workwas seen as being the lot of poor children froman early age. As in much of the developingworld today, children made a working contributionto the family economy. Child labourbecame a public issue when large numbers ofchildren left the relatively protected environmentof the family or family workshop, andbecame exposed to hazardous conditions infactories and mines.
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‘We all come from the same village in the south. We came to the city to work and have not seen ourfamilies since we left. We pay rent and live together as a group to defend ourselves from thieves.’Shoeshine boys, Eastern and Southern Africa, 2003 IIHuman rights INSTRUMENTSinternational legal developments: the Palermo Protocol on the trafficking of persons,especially women and <strong>children</strong> (2000); and an optional protocol to the CRC on thesale of <strong>children</strong>, child prostitution and child pornography (2000). These protocolsare directly relevant to the likelihood of <strong>violence</strong> <strong>against</strong> <strong>children</strong> in situations ofeconomic activity where there is international unanimity that <strong>children</strong> should not beemployed.238Violence <strong>against</strong> <strong>children</strong> in places of workBackground andcontextChildren have always worked. Many formsof child work are a natural part of growingup; traditionally, the child assumed domesticworking responsibilities – carrying water,minding siblings, herding goats, helping parentsat the loom or spindle – at the earliestpracticable age. These activities fused with‘work’ in its economic sense as the child grewolder. Many <strong>children</strong> in the world today stillwork in family-based activities as part of theinformal economy. Some of this work containsrisk of <strong>violence</strong>. It may involve <strong>children</strong>taking animals to pasture far from home andbeing exposed to marauders; it may be associatedwith seasonal migration for agriculturalwork, when <strong>children</strong> accompany their familiesand work in settings where conditions areextremely tough. It may involve them leavinghome for a precarious and unsafe life in town.In some places and among certain classes, castesor ethnic groups, parents place greater value on<strong>children</strong> being employed in economic activitiesthan going to school; 12 this attitude is particularlylikely where the quality and relevance ofthe available schooling is low. In settings witha strong social hierarchy, it may be normal for<strong>children</strong> from a disadvantaged background tobe assigned to work for better-off families at anearly age. Children in such societies are at thevery bottom of the pecking order. They are seenas the property of the family or employer, anddo what they are told. 13The emergence of childlabour as a policy concernThe issue of child labour has had a particulargenesis as a public policy concern. Until theindustrial revolution of the 19th century, workwas seen as being the lot of poor <strong>children</strong> froman early age. As in much of the developingworld today, <strong>children</strong> made a working contributionto the family economy. Child labourbecame a public issue when large numbers of<strong>children</strong> left the relatively protected environmentof the family or family workshop, andbecame exposed to hazardous conditions infactories and mines.