Children’s Act provides the framework for action against child labour

On 28 May 2008 at the Department of Social Development's conference on implementing the Children's Act (CA) in Benoni, the central role that the Act plays in dealing with child labour was discussed. TECL has assisted over the past years in the process of including these issues into the Act. This was part of its work together with a range of key departments to implement the Child Labour Programme of Action.

The Children’s Act, fully passed by Parliament in 2007, now brings integration between all the different provisions on child labour, even where they are contained in different laws. It makes prosecution of exploiters of children easier. And it places social services central to action in dealing with child labour!

The Act sets in place a comprehensive framework on how to deal with different forms of abuse and exploitation of children. It defines ‘abuse’ as including child labour, and ‘exploitation’ as including the various worst forms of child labour (WFCL). Therefore, in a sense, the whole Act can be read as dealing with child labour!

Interesting and powerful provisions include:

• Provisions on CUBAC (Children Used by Adults to Commit Crime): It makes this a separate and additional crime to the underlying crime that an adult uses a child to commit. The maximum sentence for CUBAC is 10 years for a first offence and 20 years if it happens again.
• When a social worker identifies a case of WFCL she must report it to police; if she finds an ordinary case of child labour, she must report it to the Department of Labour (s 141(2)).
• New regulations of the Department of Labour’s will be providing for the counter-side: Inspectors must refer child labour cases to social workers - unless the labour inspector is satisfied that the child will not suffer any detriment due to steps being taken by the inspector to ensure compliance with the law.
• What must the social worker do then? Regarding any child found in child labour, the social worker must assess whether child in need of care and protection (s 150(2)). If found to be in such need, a Children’s Court enquiry must be held to determine what is the best way to help the child.
• The Act also has a whole chapter on child trafficking. Child trafficking is in essence where a child is moved within or across the borders of the Republic by any means, or handed from one person to another, for the purpose of exploitation (due to the child’s vulnerability).

Presentation

• View a presentation on this issue
  

Link

• For more on the Act, including the process of putting it into force, CLICK HERE.