Abstract

The paper presents an analysis of the international standards governing child labour. It is determined that the right to work is every able-bodied person’s inalienable and indispensable right. Under current conditions of social development, the issues of legal regulation of labour of specific categories of workers are becoming of vital importance. It is proved that their regulation is based on differentiation which is defined by the extension of children rights. It is researched that in legislation of most countries, regulation of child labour is allocated in a separate institute whose rules, to a greater extent, correspond to international standards. It is determined that all countries should take measures to protect children’s rights and freedoms in the exercise of their right to work. It is proved that the acts of the European Union contain a specified list of children’s rights which should be the basis for developing and enhancing national labour legislation. It is determined that labour law, as well as any field of law, is distinguish by unity and differentiation. Unity is characterized by spreading labour law rules for all workers without exception, and differentiation of legal regulation of labour is characterized by the specification of the rules governing labour of specific categories of workers. It is investigated that differentiation of child labour is based on a subjective feature and is determined by the age, physiological, psychological and social factors. It is determined that differentiation of labour of this category of workers implies providing them with additional social and labour guarantees, as well as the use of restrictions and prohibitions when performing certain types of work. It was researched that the main criterion for child labour is differentiation of their age and working conditions. Their basic requirements are established by international rules and implemented in the national legislation.

Highlights

  • The right to work belongs to one of the main human and civil socio-economic rights; it is inalienable, recognized and enshrined in international legal acts both universally and regionally

  • Problems of legal regulation and protection of child labour are of vital importance in the context of modern social development

  • Conventions of the International Labour Organization, which are the basis for the development of labour legislation in foreign countries, are of great importance for implementation of children’s labour rights

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Summary

Introduction

The right to work belongs to one of the main human and civil socio-economic rights; it is inalienable, recognized and enshrined in international legal acts both universally and regionally It is warranted by the Basic Laws of all countries without exception. 46 (2021) 3 recognized by most important international acts, including the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the European Social Charter (Revised), Conventions and Recommendations of the International Labour Organization, etc. In this way, the Universal Declaration of Human Rights provides for that everyone has the right to work, free choice of such work, just and secure working conditions and protection against unemployment (Universal Declaration of Human Rights,1948). It should be noted that differentiation consists in expanding legal regulation of labour of specific categories of workers, which, in turn, allows to take into account various factors that have a direct impact on the ability of a person to achieve to his capacity in the process of work

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