Sudeste Asiático

This section covers binding Instruments specifically concerned with the protection from economic exploitation of children and young people. As the rationale for the Instruments as stated in the various Preambles does not always give the full picture, alternative formulations proposed at the Instruments' drafting stage are also examined.

Art. 16(1 )(d, 0 .' The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children, in nil cases 'the interests of the children shall be paramount', and The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; In all cases 'the interests of the children shall be paramount'.

U N. Doc. A/4354 (1959).

Principle 9, The child shall be protected against all forms of neglect, cruelty and exploitation. He shall not be the subject of traffic, in any form'.

UDHR, Art. 26(1).

Principle 7, covering education, here as a means to develop the child's abilities and judgement without any connotation of training for future employment, In contrast with the earlier Declaration.

1 1 7

The adoption of a Convention to consolidate ten earlier ILO Conventions, which specified minimum ages for particular types of employment, was first proposed in 1972 at the 57* Session of the International Labour Conference. The proposal for the new Convention was introduced with a reminder of the ILO's success in working towards the well-being of children and the abolition o f child labour, as if the two are one and the same.62 The reference to 'well-being' has been omitted from the Preamble to the Minimum Age Convention, whilst 'abolition' has become 'total abolition'. Several other reasons were pointed out for the adoption o f a new Convention. In addition to the need to abolish child labour as a source of cheap manpower63 which could deprive adults of job opportunities in times of unemployment,64 * it was argued, that permitting children to work instead of keeping them in education would perpetuate a country's poverty and backwardness.66 Objections were raised against the proposed age of entry into labour of fourteen, which would be a step backward from the fifteen-year lower age limit established in several earlier Conventions.66 Also, a potential gap between the completion of compulsory schooling and the commencement of employment might have an unfavourable effect on a young person's training.67 * Others argued it was unrealistic to keep children of fourteen out of productive employment, if no secondary education was available, as forced idleness might well lead to delinquency.66 Also, children from the age of fourteen should have the right to work, if their family depended

62 ILO (1972). ‘Report of the Committee on Mimimum Age: Submission, Discussion and Adoption'. International Labour Conference. 57th Session; Record of Proceedings.

Geneva, ILO, p. 638.

63 ILO (1973b). 'Minimum Age for Admission to Employment, Report IV(2)'. International Labour Conference, 58th Session. Geneva, ILO, p. 4.

64 ILO 'Report of the Committee on Mimimum Age: Submission, Discussion and Adoption', p. 680: ILO 'Minimum Age for Admission to Employment, Report IV(2)', p. 8.

66 ILO, ‘Report of the Committee on Mimimum Age: Submission, Discussion and Adoption', p. 680.

66 ILO, 'Minimum Age for Admission to Employment, Report IV(2)', p. 4.

67 ILO, 'Minimum Age for Admission to Employment, Report IV(2)', p. 8.

66 ILO, 'Report of the Committee on Mimimum Age: Submission, Discussion and Adoption', p. 870.

1 18

on their support.69 The final version leaves underdeveloped states the option of initially choosing the lower age of fourteen with the intention to raise the age progressively, if and when conditions allow.70

The Minimum Age Convention recognises the connection between child work and education, in the form of two distinct phases of a young person's life: a period intended to prepare the child for the future by schooling, followed by one in which she is permitted to apply for work.7' The age of entry into labour72 was to be demarcated by a minimum age for employment determined by the State Party. Once the age separating schooling from work-time has been established, the State undertakes to maintain that separation.73 However, the Convention contains a provision for light work by children from thirteen to fifteen whilst in education,74 in accordance with established national regulation.75 As raising the age to leave school in order to start working to sixteen was really regarded by that time as preferable, the Convention also specifies a possible age of entry into labour of sixteen.76 It also establishes an age limit of

69 ILO, 'Report of the Committee on Mimimum Age: Submission, Discussion and Adoption', p. 681.

70 States may progressively raise the age of entry into labour, Art. 2(2).

71 States Parties are exhorted 'to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons', Art. 1.

72 The Minimum Age Convention does not make any distinction between formal 'employment' and informal 'work': either requires the establishment of a lower age.

73 'no one under that age shall be admitted to employment or work in any occupation', i.e. the minimum age mentioned in Art. 1 '[. .] less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years', Art 2(3).

74 Art. 7(1 ); (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received.

75 Permission to engage in work outside school hours also applies to young people over the age of compulsory education, Art. 7(2).

76 Art. 3(3), 'Notwithstanding the provisions of paragraph 1 of this Article, national laws or regulations or the competent authority may, after consultation with the organisations of employers and workers concerned, where such exist, authorise employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity'.

1 19

eighteen for work likely to endanger the health, safety o r morals of young people77 instead of the age of 'no less than sixteen years' of the Minimum Age (Underground Work) Convention, 1965.78

It was argued, that including a definition of 'light work' would be desirable, as the term might otherwise easily give rise to abuse.79 Although the Recommendation accompanying the Convention contains a list of hazardous activities, the decision of what constitutes work that is 'not likely to be harmful to [children's] health or development’80 or 'not such to prejudice [children's] attendance at school'81 has been left to the 'competent authority’.82 This Instrument, the non-binding Recommendation concerning Minimum Age for Admission to Employment (Minimum Age Recommendation) urges States Parties to adopt 'inter-related measures necessary to provide the best possible conditions of physical and mental growth for children and young persons', including a 'commitment to full employment'.83 The third element of the triad 'work - education and/or training - rest and leisure', takes the form of rest- periods during the day in addition to night-rest, weekly rest periods and vacation by the restriction of working hours.84 The Recommendation also provides for establishment of fair and equal pay without any discrimination,85 without, however, going as far as

Art. 3(1), 'The minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardise the health, safety or morals of young persons shall not be less than 18 years' and Art. 3(2), referring in the Minimum Age Recommendation, Art. 10(1) to 'the relevant international labour standards' regarding harmful work.

Art. 2(3). However, the accompanying Recommendation R124, the Minimum Age (Underground Work) Recommendation urges States in Art. 3(1) to raise the minimum age for underground work progressively to eighteen.

ILO (1973a). 'Minimum Age for Admission to Employment, Report IV(1)‘. International Labour Conference, 58th Session. Geneva, ILO, p. 20.

Art. 7(1 Xa).

Art. 7(1 Kb).

Art. 7(2).

Part I, Art. 1.2(a).

ILO Minimum Age Recommendation R146'. . the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, ao as to allow enough time for education and training (including the time needed for homework related thereto), for rest during the day and for leisure activities;' Art. 13(1 )(b, d).

Art. 13(1 )(a), 'the provision of fair remuneration and its protection, bearing In mind the principle of equal pay for equal work.

120

urging States Parties to decide on a minimum wage for workers below the age of eighteen. Employers are charged with record keeping in order to enforce age restrictions,86 whilst young people in informal work are to be issued licenses.67 No account is taken of the special requirements of working girls: the children targeted in the Convention and Recommendation are genderless. The Convention has been ratified by two of the States in the study, the Netherlands and Aruba, but not by the U.S.66

5.4.3. The Convention on the Rights o f the Child