A Critical Assessment of the Minimum Age Convention 138 of 1973 and the Worst Forms of Child Labour Convention 182 of 1999

Ra Mavunga

doi:10.4314/pelj.v16i5.3

Abstract

The International Labour Organisation (the ILO) has regulated child labour through the Minimum Age Convention and the Worst Forms of Child Labour Convention. Such conventions aim at the reduction and eventual elimination of harmful labour practices. After the ratification of such conventions, many countries have adopted domestic laws prohibiting harmful labour. Despite such regulations, statistics prove that children still participate in harmful work. The main purpose of this article is to assess the ILO child labour conventions critically, so as to provide further understanding of the provisions of the text of such instruments. While the aim of the Minimum Age Convention was the progressive eradication of child labour, the Worst Forms of Child Labour Convention recognises the existence of tolerable forms of child labour, and it seeks to eliminate the worst forms of child labour.Keywords: Child labour, Worst forms of child labour, Child work, Hazardous work; Minimum age, International Labour Organisation, ILO

Highlights

The International Labour Organisation (ILO) (2010) estimates that there could be more than 306 million children worldwide currently involved in work.[1]
Smolin[94] rightfully argues that the "desire of a child labour movement to support compulsory education cannot excuse a failure to provide labour standards which meet the actual needs of the current circumstances of many children." He further claims that the exceptions of light work will channel underaged children into unregulated sectors
The content refers to the most intolerable forms of labour that no group or country would credibly defend and that virtually all societies would condemn.[197]. He contends that "one could argue that this Convention has come closer to expressing a genuinely global consensus on child labour than Convention 138." This is evident in the fact that this Convention has received worldwide ratification

Summary

Background

Sex tilts towards boys with 54 percent participating in labour while only 46 percent of those who work are girls.[8]. Child labour is a worldwide problem, it has been challenging in developing countries.[9] The largest numbers of child labourers are found in the AsiaPacific region with 113,6 million children working, followed by Sub-Saharan Africa with 65,1 million, and Latin America and the Caribbean with 14,1 million.[10] In terms of relative extent, Sub-Saharan Africa presents the most alarming picture. The. ILO has been chosen because it is the organisation that has since 1919 been the most pivotal in the campaign against child labour.[21] Between 1919 and 1965 the ILO adopted ten conventions concerning the minimum age for admission to employment and work, and it subsequently decided to consolidate all of these in Convention 138. In 1998 the International Labour Conference adopted the Declaration on Fundamental Principles and Rights at Work In this Declaration, the abolition of child labour was included amongst the four fundamental principles of the organisation; see ILO Date Unknown www.ilo.org. Myers[25] alleges that Convention 138 was adopted to cater for the needs of children and as a response to the fear that the participation of children in work undermines adult jobs and incomes

Article 1

Article 4

Article 5

Article 6

Article 7 Article 7 of this Convention states:84

Article 8

Article 1 Article 1 states:121

Article 3

Article 6 Article 6 stipulates that:158

Article 7 Article 7 states that:170

Findings

Conclusion