Protecting the Rights of Working Children instead of Banning Child Labour

Abstract

In Bolivia, a Children and Youth Code has come into force, which sets new standards for the understanding and implementation of children’s rights. It interprets children’s rights within the traditions of indigenous communities and with respect to the social and cultural reality of the country. For the first time, regulations are stipulated for working children which do not simply prohibit their work. Instead rights and protective measures are granted to protect them from exploitation and power abuse and at the same time to enable them to live in dignity. This section of the code, which triggered controversial debates internationally, is at the core of this paper. First, the most significant elements of the Act are set out in order to address the issue of working children. Its conflict-ridden history is reconstructed by reflecting on an earlier draft that had been developed by working children and adolescents themselves. Finally, the meaning of the new act for working children is critically acclaimed.