5 novembre 2022

Legal Control of Child Labour

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In addition to establishing international law, the United Nations launched the International Programme on the Elimination of Child Labour (IPEC) in 1992. [131] This initiative aims to progressively eliminate child labor by strengthening national capacities to address some of the causes of child labor. Among the most important initiatives are the so-called time-bound programme countries, where child labour is most prevalent and where educational opportunities are insufficient. One of the aims of the initiative is to generalize primary schools. IPEC has expanded to at least the following target countries: Bangladesh, Brazil, China, Democratic Republic of the Congo, Dominican Republic, Egypt, India, Indonesia, Mexico, Nigeria, Pakistan, El Salvador, Nepal, South Africa, Tanzania, Costa Rica, Philippines, Senegal and Turkey. In developing countries, it is impossible to control child labour because children have been seen as a helping hand to feed their families, provide for their families and feed themselves. Due to poverty, illiteracy and unemployment, parents are unable to bear the burden of feeding their children and leading their families. Thus, poor parents send their children to work in inhumane conditions at lower wages. The term child labour can be misleading if it confuses harmful work with employment that may be beneficial to children. It may also ignore harmful work outside of employment and all the benefits children typically derive from their work. [202] Household chores are an example: all families, except the wealthy, have to clean, cook, wash and much more to maintain their homes. In most families around the world, this process extends to productive activities, especially livestock and various types of agriculture,[203] and to a large number of small family farms.

While trade is an important feature of social life, children may begin trading small items at an early age, often accompanied by family members or peers. [204] Part A states that no child is allowed to work in any of the following occupations: 160 million children worldwide work, which represents nearly 1 in 10 children worldwide. Child labour was important in pre-industrial societies because children had to provide their labour power for their survival and that of their group. [21] Pre-industrial societies were characterized by low productivity and short life expectancy; Preventing children from participating in productive work would be more detrimental to their well-being and that of their group in the long term. In pre-industrial societies, children had little need to go to school. This is particularly the case in illiterate societies. Most pre-industrial skills and knowledge could be passed on through direct supervision or training by competent adults. [20] For these children in the factory, there was a lot of work and little education. This education was left to the generosity of mill owners. It was usually obtained in Sunday or evening schools after the long working day.

[Page 3] Under the FLSA, children under the age of 14 may not be employed in non-agricultural work, children between the ages of 14 and 16 may be employed for limited hours in authorized occupations, and children between the ages of 16 and 17 may be employed for an unlimited number of hours in non-hazardous work. [124] There are a number of exceptions to these rules, for example for parental employment, newspaper delivery, and child actors. [124] The rules governing employment in agriculture are generally less stringent. Many employers only have to comply with the state`s Child Labor Act. Federal child labor provisions are more limited in their enforcement than state child labor laws. But even with state and federal laws aimed at restricting child labor, there are still certain types of child employment that are not affected by federal or state law, or where the child is not adequately protected by those laws. What federal laws regulate child labor? The federal government controls child labor primarily through the child labor provisions of the Fair Labor Standards Act of 1938. This law establishes a minimum age for the employment of minors in or in establishments that manufacture goods for interstate or foreign trade. These child labor regulations are administered by the U.S. Department of Labor`s Bureau of Children. The Act also contains provisions on wages and hours of work that also apply to young and adult workers. In early August 2008, Iowa Labor Commissioner David Neil announced that his department had discovered that Agriprocessors, a Postville kosher meat packing company that had recently been raided by Immigration and Customs, had employed 57 minors, some as young as 14, in violation of state law prohibiting persons under 18.

to work in a meat packing plant. Neil said he would refer the case to the attorney general for prosecution, saying his department`s investigation had found « gross violations of virtually every aspect of Iowa`s child labor laws. » [171] The farmers stated that they were unable to understand the allegations. The CEO of Agriprocessors was tried in state court on May 4, 2010. After a five-week trial, he was arrested on 7 July. In June 2010, he was found not guilty of all 57 counts of child labor by the Black Hawk County District Court in Waterloo, Iowa. [172] Few state child labor laws provide minors under the age of 18 with adequate protection from employment in hazardous occupations. In The Making of the English Working Class, British historian and socialist E. P.

Thompson makes a qualitative distinction between children`s homework and their participation in the wider (wage-earned) labour market. [24] Moreover, the usefulness of the Industrial Revolution experience in predicting current trends is controversial. Social historian Hugh Cunningham, author of Children and Childhood in Western Society Since 1500, notes that children have the same human rights as adults. But because of their age and the fact that they continue to grow up and gain knowledge and experience, they have distinct rights as children. These rights include protection from economic exploitation and work that may endanger their health, safety or morals and impede their development or access to education. The complexity of the issue of child labour means that companies must approach the issue sensitively and not take measures that could force child labourers into more abusive forms of work. Nevertheless, the goal of all enterprises, as stated in Principle 5, should be the elimination of child labour within their sphere of influence. Child labour has occurred to varying degrees throughout history. During the 19th and early 20th centuries, many children between the ages of 5 and 14 from poorer families worked in Western countries and their colonies.

These children worked mainly in agriculture, house assembly plants, factories, mines and the service sector as newspaper boys – some worked 12-hour nights. With rising household incomes, the availability of schools and the adoption of child labour laws, incidence rates of child labour have decreased. [10] [11] [12] In European history, when child labour was common, as well as in today`s child labour in the modern world, certain cultural beliefs have rationalised and thus encouraged child labour. Some believe that work is good for the development of children`s character and skills. In many cultures, especially where the informal economy and small family businesses thrive, cultural tradition dictates that children follow in their parents` footsteps; Child labour is then a way to learn and practice this profession from an early age. Similarly, in many cultures, girls` education is less valued or girls are simply not expected to need formal education, and girls are pushed into child labour, such as providing domestic services. [16] [61] [62] [63] In 2014, the U.S. Department of Labor published a list of goods produced by child labor or forced labor, with 12 goods attributed to China, most of which were made by underage children and contract workers. [56] The report listed electronics, clothing, toys and coal, among others.

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