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Child labour can be defined as, putting the child in hazardous conditions in regards to physical, ethical and educational development1. The modern definition comes from the International Labour Organisation (ILO)2.
The United Nations (UN) can be described as the ultimate authority on child labour in international law, in both legal aspects; human rights, labour law. Although regional treaties also exist (e.g. in the European Union, the Convention for the Protection of Human Rights and Fundamental Freedoms3)3.
In human rights, article 32 of the UN Convention on the Rights of the Child states that the member nations recognise the right of the child to be protected from the above mentioned conditions that constitute child labour4. A treaty ratified by most countries in the world thus creating a unified human rights framework. In labour law ILO holds the authority with the most important instruments being International Labour Convention 1385 (minimum a minimum age) and 1826 (definition of child labour).
Critics claim that the current system has many flaws; the most basic one being the voluntary nature of International law7 (e.g. India has yet to ratify convention 1828). Furthermore ILO has been criticised for the red tape involved in claims of breach9 and the lack of power to punish the non conforming member states10. There have also, been allegations of ILO being susceptible to political considerations11 (e.g. ignoring violations12). Moreover ILO conventions have been criticised as being written in vague language13.
To conclude, while an international framework exists, there are problems that stem back to the problematic nature of international law and national sovereignty. It should be noted that, over the last years child labour has been in marginal decline, an indication that the system works but its is still far from perfect.
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1. 'About child labour' (International Labour Organization)
2. Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour
3. Charter of Fundamental Rights of the European Union (as amended 364/01)
4. Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) UNGA Res 44/25
5. Convention concerning Minimum Age for Admission to Employment
6. see n2
7. M. N. Shaw, International Law (5th edn, CUP 2004) p. 90
8. 'India and the ILO' (Indian Ministry of Labour)
9 . Kimberly Ann Elliott, 'The ILO and Enforcement of Core Labour Standards' [2000] volume 6, International Economics Policy Briefs
10.see n8
11. Steven Simpson, 'Enforcement of Human Rights through ILO Machinery' [1995] Human Rights Brief
12. Daya Gamage,' United States violates ILO Convention 182 allowing child labour' (Asian Tribune 12 July 2010)
13. Guy Standing, 'The ILO: An Agency for Globalization?' [2008] Development and Change
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