TECL II
Child labour
The definition of child labour contained in the 1989 United Nation’s
Convention on the Rights of the Child has been influential in shaping
definitions contained in national Constitutions and domestic
legislation. It is produced below. From the definition it is clear that
not all child work constitutes child labour. The defining element is
that of actual or potential harm caused to the child by work.
Definition
In terms of Article 32 of the Convention on the Rights of the Child,
child labour may be regarded as:
“. . . 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, moral or social development”.
The African Charter on the Rights and Welfare of the Child adopts a
very similar definition, namely:
“. . . work that is likely to be hazardous or to interfere with the child’s physical, mental, spiritual, moral or social development”.
The ILO
Minimum Age for Admission to Employment Convention gives more
specific content to the concept, which should be used when defining
child labour:
It provides that the minimum age for admission to employment or work is:
It further specifies that national laws may authorise children aged 16 or 17 years to work, but then this must be subject to the condition that the health, safety and morals of young persons will be protected and that they will receive appropriate training.
- Not less than the age of completion of compulsory schooling; and
- Not less than 15 years, even if the individual had completed compulsory schooling.
The convention provides for limited relaxation regarding countries that are 'insufficiently developed'.
A definition that is used in many countries of Southern Africa, and clarifies some aspects of the definition of child labour, is worded as follows:
Child labour is work by children under 18 which is exploitative, hazardous or otherwise inappropriate for their age, detrimental to their schooling, or their social, physical, mental, spiritual or moral development. The term ‘work’ is not limited to work for gain but includes chores or household activities in the child’s household, where such work is exploitative, hazardous, inappropriate for their age or detrimental to their development.