Principle 5
What is "child labour"?
The term "child labour" should not be confused with "youth employment" or "student work". Child labour is a form of exploitation that is a violation of a human right. It is recognized and defined by international instruments. It is the declared policy of the international community and of almost all governments to abolish child labour.
Child labour has occurred at some point in time in virtually all parts of the world as nations have undergone different stages of development. It remains a serious issue today in many developing countries - although it also exists (more invisibly) in the developed, industrialised countries where it occurs for example in some immigrant communities.
Child labour is work that is damaging to a child’s physical, social, mental, psychological and spiritual development because it is work performed at too early an age. Child labour deprives children of their childhood and their dignity. They are deprived of an education and may be separated from their families. Children who do not complete their basic education are likely to remain illiterate and never acquire the skills needed to get a job and contribute to the development of a modern economy. Consequently child labour results in under-skilled, unqualified workers and jeopardises future improvements of skills in the workforce.
Children enjoy human rights no less than adults. However, by virtue of their age and the very fact that they are still growing and gaining knowledge and experience, children have some distinct rights as children. These rights include protection from economic exploitation and work that may be dangerous to their health, safety or morals that hinder their development or impede their access to education. The complexity of the issue of child labour means that companies need to address the issue sensitively, and not take action which may force working children into more exploitative forms of work. Nevertheless, as Principle 5 states, the goal of all companies should be the abolition of child labour within their sphere of influence.
Association with child labour will likely damage a company’s reputation. This is true in the case of transnational companies who have extensive supply and service chains, where the economic exploitation of children, even by a business partner, can damage a brand image and have strong repercussions on profit and stock value.
Definitions
While the term "child" covers all girls and boys under 18 years of age, it does not mean that all "under-18’s" must be removed from work: the basic rules under international standards distinguish what constitutes acceptable or unacceptable work for children at different ages and stages of their development.
The ILO’s Minimum Age Convention (No.138) calls for the fixing of a minimum working age (usually about 15) in line with the end of compulsory schooling.
It gives flexibility options, for instance for developing countries, for work done in the context of training, or for light work that does not affect schooling.
ILO conventions (Minimum Age Convention No. 138 and the Worst Forms of Child Labour Convention No. 182) provide the framework for national law to prescribe a minimum age for admission to employment or work that must not be less than the age for completing compulsory schooling, and in any case not less than 15 years. Lower ages are permitted for transitional periods - generally in countries where economic and educational facilities are less well-developed the minimum age is 14 years and 13 years for 'light work'. On the other hand the minimum age for hazardous work is higher at 18 years.
Developed Countries:
- Light work: 13 years old
- Regular work: 15 years old
- Hazardous work: 18 years old
Developing Countries:
- Light work: 12 years old
- Regular work: 14 years old
- Hazardous work: 18 years old
ILO Convention No. 182 requires governments to give priority to eliminating the worst forms of child labour which are defined as:
- all forms of slavery - this includes the trafficking of children, debt bondage, forced and compulsory labour, and the use of children in armed conflict;
- the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic purposes;
- the use, procuring or offering of a child for illicit activities, in particular the production and trafficking of drugs;
- and work which is likely to harm the health, safety or morals of the child as a consequence of its nature or the circumstances under which it is carried out.
Convention 182 is explicitly complementary to Convention 138. Convention 182 must not be used to justify other forms of child labour.