INTERNATIONAL LAW RELATED TO ARTICLE 32 - PROHIBITION OF CHILD LABOUR AND PROTECTION OF YOUNG PEOPLE AT WORK
Article 10 : The States Parties to the present Covenant recognize that : (...)
3. Special measures of protection and assistance should be taken on behalf of all children and young persons without any discrimination for reasons of parentage or other conditions. Children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law. States should also set age limits below which the paid employment of child labour should be prohibited and punishable by law.
Article 24: 1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.
Article 32: 1. States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development.
2. States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end, and having regard to the relevant provisions of other international instruments, States Parties shall in particular:
a) Provide for a minimum age or minimum ages for admission to employment;
b) Provide for appropriate regulation of the hours and conditions of employment;
c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.
INTERNATIONAL LABOUR ORGANISATION
- C189 Domestic Workers Convention
2. Each Member shall, in relation to domestic workers, take the measures set out in this Convention to respect, promote and realize the fundamental principles and rights at work, namely:…
(b) the elimination of all forms of forced or compulsory labour;
(c) the effective abolition of child labour …
1. Each Member shall set a minimum age for domestic workers consistent with the provisions of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), and not lower than that established by national laws and regulations for workers generally.
2. Each Member shall take measures to ensure that work performed by domestic workers who are under the age of 18 and above the minimum age of employment does not deprive them of compulsory education, or interfere with opportunities to participate in further education or vocational training.
5. (1) Taking into account the provisions of the Worst Forms of Child Labour Convention, 1999 (No. 182), and Recommendation (No. 190), Members should identify types of domestic work that, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of children, and should also prohibit and eliminate such child labour.
(2) When regulating the working and living conditions of domestic workers, Members should give special attention to the needs of domestic workers who are under the age of 18 and above the minimum age of employment as defined by national laws and regulations, and take measures to protect them, including by:
(a) strictly limiting their hours of work to ensure adequate time for rest, education and training, leisure activities and family contacts;
(b) prohibiting night work;
(c) placing restrictions on work that is excessively demanding, whether physically or psychologically; and
(d) establishing or strengthening mechanisms to monitor their working and living conditions.
COUNCIL OF EUROPE
Article 7 - The right of children and young persons to protection.
With a view to ensuring the effective exercise of the right of children and young persons to protection, the Parties undertake:
- to provide that the minimum age of admission to employment shall be 15 years, subject to exceptions for children employed in prescribed light work without harm to their health, morals or education;
- to provide that the minimum age of admission to employment shall be 18 years with respect to prescribed occupations regarded as dangerous or unhealthy;
- to provide that persons who are still subject to compulsory education shall not be employed in such work as would deprive them of the full benefit of their education;
- to provide that the working hours of persons under 18 years of age shall be limited in accordance with the needs of their development, and particularly with their need for vocational training;
- to recognise the right of young workers and apprentices to a fair wage or other appropriate allowances;
- to provide that the time spent by young persons in vocational training during the normal working hours with the consent of the employer shall be treated as forming part of the working day;
- to provide that employed persons of under 18 years of age shall be entitled to a minimum of four weeks' annual holiday with pay;
- to provide that persons under 18 years of age shall not be employed in night work with the exception of certain occupations provided for by national laws or regulations;
- to provide that persons under 18 years of age employed in occupations prescribed by national laws or regulations shall be subject to regular medical control;
- to ensure special protection against physical and moral dangers to which children and young persons are exposed, and particularly against those resulting directly or indirectly from their work.
||Last update June 2012