CHILD LABOUR IN INTERNATIONAL
PERSPECTIVE
In the International arena, on the rights of a human being including the right of
a child has been recognized by the United Nations at San Francisco in 1945.
The Charter of United Nations requires that body to promote that universal
respect and observance of human rights for all –without distinction as to race,
According to the United Nations Charter’s Fund “Human Rights are
those rights which are essential to live as human being these are basic standards
without which people cannot survive and develop in dignity. They are inherent
to the human person, inalienable and universal.” (The Human Rights
Framework, UNICEF). Children possesses to kinds of human rights: General
human rights that every human possesses, universally, simply by reason of
being a human being and special human rights that every child possesses,
universally, simply by reason of minority.
UNICEF explains that human rights apply to all age groups; children
have the same general human rights as adults. But children are particularly
vulnerable and so they also have particular rights that recognize their special
The General Assembly of the United Nations, acting to fulfill its
obligations under the Charter, adopted the Universal Declaration of Human
Rights (UDHR) 1948. The UDHR recognizes the rights of all to security of the
person (Article 3), to freedom from inhuman, cruel, or degrading treatment
(Article 5), and the rights of motherhood and childhood to special protection
(Article 25.2), all of which are applicable to protection against child labour.
1 Charter of the United Nation (1945), chapter IX, Article 55.
2 Protecting and Realizing Children’s Right, UNICEF.
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The General; Assembly of the United Nations has acted twice to enunciate
and protect the rights of the child. First, in 1959, The General Assembly
adopted the Declaration on the rights of the child (DRC), which expended and
further defined the rights of the child to special protection. The DRC
enunciated ten general principles for the protection of children, all o9f which
are applicable to protect a child against child labour.3
After this, there was a resolution passed in 1976 declaring the year 1979
to be International year of the child. The International Labour Organization had
adopted several conventions dealing with the minimum age for employment,
Medical Examination, Night work etc. These conventions adopted by the ILO
helped tremendously with regards to labour laws in several countries.4
After this, there was a decade during which there was collaboration
between small group of non-governmental organizations and United Nations
Human Rights experts. On November 1989, the United Nations General
Assembly adopted a convention on the rights of the child 9CRC) that consisted
of 42 Articles. This became the International standard to measure states
compliance with International law and the protection of children. The rights
granted by the convention are divided into three parts. The first part stipulated
the rights of the child to life, care, and belonging. Other parts dealt with the
rights of children to growth and participation.
As a follow–up this commitment and being a party to the UN
Declaration on the rights of the child 1959, India adopted the National Policy
on children in 1974. The policy reaffirmed the constitutional provisions and
stated that “it shall be the policy of the state to provide adequate services to
children, both before and after birth and through the period of growth to ensure
their full physical, mental, and social development. The state shall
progressively increase the scope of such services so that within a reasonable
time all children in the country enjoy optimum conditions of their balanced
3 Universal Declaration of Human Rights.
4 Available at www.ilo.org/public/english/comp/child/standards/index.htm
Child Labour In International Perspective Page 3
India has also ratified the convention on the rights of the child on
December 2, 1992. This ratification implies that India will ensure wide
awareness about issues relating to children among government agencies,
implementing agencies, the media, the judiciary, the public and children
themselves. The government’s endeavor is to meet the goals of the
Conventions and to amend all legislation, policies and schemes to meet the
standards set in the Convention.
I. Universal Declaration Of The Human Rights 1948
The Universal Declaration of Human Rights 1948, which proclaims a
catalogue of Human Rights, applies to all human beings including children.
Some important rights under this declaration relating to child are as under:
Art. 3 recognize that the child has the inherent right to life.
Art. 25 emphasize the right of children to special care and assistance and it
provide this through the direct protection of the child and indirectly through the
Art. 26(1) assures that everyone has the right to education which shall be
free, at least at the elementary and fundamental stages. Elementary education
shall be compulsory. Technical and professional education shall be made
available and higher education shall equally be accessible to all on the basis of
merit. Education enables development of human personality and strengthens
the respect of human rights and fundamental freedoms. It promotes
understanding, tolerance and friendship among people. It is, therefore, the duty
of the state to provide facilities and opportunities to the children driven to child
labour to develop their personality as responsible citizens.5
II. Declaration On The Rights Of The Child
There has been equally great concern for the welfare of children at the
International level culminating which is seen in the Declaration of the rights of
the child. Its principles enunciating for the protection and development of child
5 Available at www.un.org/overview/rights.html
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“The child shall enjoy special protection and shall be given
opportunities and facilities, by law and by other means, to enable him to
develop physically, mentally, morally, spiritually and socially in a healthy and
normal manner and in conditions of freedom and dignity. In the enactment of
laws for this purpose the best interests of the child shall be the paramount
“The child shall enjoy the benefits of social security. He shall be entitled
to grow and develop in health, special care and protection shall be provided
both to him and to his mother, including adequate per-natal care. The child
shall have the right to adequate nutrition, housing, recreation and medical
“The child shall be protected against all forms of neglect, cruelty and
exploitation. He shall not be the subject of traffic, in any form.6
III. International Convention On The Rights Of The Child:
It would be apposite to apprise ourselves also about our commitment to
world community for the case at hand it would be enough to note that India
has accepted the Convention on the Rights of the Child., 1989.This Convention
affirms that children’s right require special protection and its aims, not only to
provide such protection, but also to ensures the continuous improvement in the
situation of the children all over the world , as well as their development and
education in conditions of peace and security.
Thus the Convention not only to protect the child’s civil and political
rights but also extends protection to child’s Economical, social, cultural and
Art.1 defines “Child” as every human being below the age of 18 years unless
the law applicable to child, majority is attained earlier.
6 Available at www.unhrc.ch/html/menu3/b/25.htm
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Art. 3 Provides that in all actions concerning children, whether undertaken by
public or private social welfare institutions, Courts of law, administrative
authorities or legislative bodies, the best interests of the child shall be the
Art. 26(1) provides that the states parties recognize for every child the right to
benefit from social security, including social insurance, and shall take the
necessary measures to achieve the full realization of this right in-accordance
Art. 27(1) provides that the state parties recognize the right of every child to a
standard of living adequate for the child’s physical, mental, spiritual, moral and
1. State parties recognize the right of the child to education and with a
view to achieving this right progressively and on the basis of equal opportunity,
(a) Make primary education compulsory and available free to all;
(b) Encourage the development of different forms of secondary education,
including general and vocational education, make them available and
accessible to every child, and take appropriate measures such as the
introduction of free education and offering financial assistance in case of need;
(c) Make them available and accessible to all on the basis of capacity by every
(d) Make educational and vocational information and guidance available and
(e) Take measures to encourage regular attendance at schools and the reduction
2. State parties shall take all appropriate measures to ensure that school
discipline is administered in a manner consistent with the child’s human
dignity and in conformity with the present convention.
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3. State parties shall promote and encourage international cooperation in
matters relating to education, in particular with a view to contributing to the
elimination of ignorance and illiteracy throughout the world and facilitating
access to scientific and technical knowledge and modern teaching methods in
this regard. Particular account shall be taken of the needs of developing
Art. 31(a) recognizes the right of the child to rest and leisure, to engage
in play recreational activities appropriate to the age of the child and to
participate freely in cultural life and the arts.
Art. 32, which is material for the purpose, read as under:
(1) State parties recognize the rights of the child to be protected from
economic exploitation and fro performing any 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, spiritual, moral or social development.
(2) State parties shall be take legislative, administrative, social and
educational measures to ensure the implementation of present Article. To this
end, and having regard to the relevant provision of other international
instruments, Stats parties shall in particular:
a. Provides for a minimum age or minimum age for admission to employment’s
b. Provides for appropriate regulation for the hours and conditions of
c. Provides for appropriate penalties or other sanctions to ensure the effective
enforcement of the present article.
Art. 36 state that “state parties shall protect the child against all other forms
of exploitation prejudicial to any aspects of the child’s welfare.7
IV. International Labour Organization
International Labour Organization, 1919 (hereinafter referred to as “ILO”)
had felt that there should be international guidelines by which the employment
of children under a certain age could be regulated in industrial undertakings.
7 Available at www.cirp.org/library/ethics/UN-CONVENTION.
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May it be stated that the ILO is playing an important role in the process of
gradual elimination of child labour and to protect child from industrial
exploitation. It has focused five main issues:
1. Prohibition of child labour.
2. Protecting child labour at work.
3. Attacking the basic causes of child labour.
4. Helping children to adapt to future work.
5. Protecting the children of working parents.8
V. IPEC: ILO’S International Program For The Elimination Of
The International program on the Elimination of child labour is a global
program launched by the International Labour Organization in December 1991.
India was the first country to join it in 1992 when it signed a Memorandum of
understanding with the ILO. The long term objective of IPEC is to contribute to
the effective abolition of child labour. Its immediate objectives are:
Elimination of the capability of ILO constituents and Non-Government
Organizations to design, implement and evaluate programs for child
labour Elimination;
To identity interventions at community and national levels which could
serve as models for replication; and
Creation of awareness and social mobilization for securing elimination
At the international level, IPEC has a program Steering committee
consisting of representatives of the ILO, the donors and participating countries.
At the national level in India, there is a National steering Committee of which
the labor secretary is the chairman. This is tripartite in its composition with
representation from NGOs as well. There is a National Program Coordinator
based at New Delhi who coordinates IPEC work between the ministries of
labour, the agencies receiving assistance and ILO Headquarters. ILO has made
8 Raghvendra Singh Raghuvanshi, Child Labour-Taking the Problem.
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an allocation of 54.15 million between 1992 and 1996 for the IPEC program in
India.9
VI. The United Nations Children’s Educational Fund(UNICEF)
The UNICEF has played a significant role in improving the conditions
of child labour and has been a major founding agency for improving the lot of
children in general and child labour in particular, especially in developing
countries. It also declared that every child has inherent right to life survival and
development. This means the right of every child to a standard of living
adequate for physical, mental, spiritual and moral development. The United
Nations Children’s Emergency Fund is not a U.N. Specialized agency, as it
was created by the U. N. General Assembly in December 1946 as one of its
subsidiary bodies. In 1965, UNICEF was awarded the Novel peace Prize in
recognition that the well being of today’s children is inseparable from the peace
VII. The United Nations Educational, Scientific and Cultural
Organization (UNESCO)
The Constitution of the United Nations Educational, Scientific and
Cultural Organization (UNESCO) was adopted by the London Conference in
November 1945 and entered into effect in November, 1946 when 20 states had
deposited instruments of acceptance. The purpose of UNESCO Convention
on Discrimination includes; any distinction , exclusion, limitation or preference
which being on race, color, sex, language, religion, political or other opinion,
national or social origin economic condition or both has a purpose or effect of
nullifying or impairing equally treatment in education.11
VIII. The South Asian Association for Regional Cooperation
A brief mention must be made of the action of SAARC in the area of
child welfare and protection. Although SAARC is not a specialized agency of
9 Child Labour and India embassy of India, Washington. DC.
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the UN but is a regional organization, it works in tandem with the UN. A
quarter of the words children live in SAARC countries. And about 37 million
newborns swell their ranks each year, and more than 3.5 million under 5 years
old die from poverty related causes. Almost two thirds of the regions children’s
are under nourished and fewer than half the children are likely to complete five
years of primary education. The main obstacles to child survival and
development in the region are malnutrition, poor sanitations and unhygienic
conditions poverty and illiteracy. The child Rights Convention places the
child’s right and child labour at the center of the agenda of the SAARC
countries to ensure a bright future for the children of the regions.12
As part of its campaign to eliminate child labour, the International
Labour Organization is proposing the adoption of new international legal
instruments to combat the worst forms of child labour, supplemented by
recommendations for practice action and assistance. The proposal, put forward
by its three constituent group- Governments, Employers and Workers.
IX. Global March Against Child Labour
The journey from 1998-2010 has been very special for all of us, the
entire Global March Family. The march seeks to eliminate child labour by
questioning, attacking and changing the very systems that compel children to
work at the global, regional and national levels.
In this period, various efforts are being made for the elimination of
child labour and constituencies in this regard, have been expended:
The Anglophone Africa coordination was activated with the presence
of Brother Andrews of the Ghana Agricultural Workers Union. The
European and Euro- Mediterranean consultation in Sofia mid -2007 was
very successful and has paved the way for more concrete partnerships.
These have been instrumental in cementing our collaborations with the
trade Unions and the teachers associations.
12 Available at www.saarc-sec.org
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Built a vibrant global movement involving NGOs, trade Unions,
committed individuals and organized.
Focused the world’s attention on child labour through research and
actions and information dissemination.
Launched Global Campaign for Education in association with
Educational International, Oxfam International, Action Aid and other
Launched Global Campaign for Education in association with Education
International, Oxfam International, Action Aid and other civil society
organization to push for urgent transnational action to provide quality
Launched World Cup Campaign 2002, to focus on use of child labour in
the sports goods industry.
Organized “Fair Chocolate for the World” campaign, to focus attention
on the use of child labour in the chocolate industry. Global March
Chairperson is on the Board of the cocoa Foundation, an initiative to
create a child slavery free cocoa beans industry in Africa.
Launched Domestic Child Labour Campaign 2001, which revealed the
hidden form of child labour to the world.
Engaged and drew attention of the international community through the
international Advocacy office-international center on child labour and.
Education, to the need for convergent policies, planning and actions for
elimination child labour, achieving EFA goals and eradicating poverty.
As one of the three civil society representatives in the High Level Group
review meeting of the Dakar Framework of Action on the EFA.
Organized the two children’s World congresses on Child Labour and
Education at Florence (Italy) and New Delhi ( India) in year 2004 and
2005 respectively, and providing a platform to former child labourers
and child activists from across the World to voice their opinions and
become the four runners of the fight for children’s rights.
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Organized high level round table meetings on the Triangular Paradigm
of Development in New Delhi (2003), Brasilia (2004), and Beijing
(2005) in conjunction with ILO, UNESCO, World Bank and UNICEF.
Beijing Round Table led to the declaration of a joint global task force on
child labour and education.
Trafficking for forced labour has been placed on top of the global
agenda through the South Asian March Against Child Trafficking and the
announcement of the global initiative to Fight Trafficking. Our partners in
Asia, Latin America and Africa were on the forefront in the fight against child
labour and trafficking taking the struggle to the grassroots across the world.
The direct impact of the month long anti trafficking and child labor
march was held on 26-04-2007. This was the first step towards, the success of
our core marchers and all the NGOs , civil societies, Teachers Unions, trade
unions and UN agencies who joined hands with us and the leaders who walked
with us during the 5000 km. long South Asian March Against Child Labour.
Global action Week, 23-29th April 20007 The EFA goals must be met and
the leaders of the world should not let another generation of children and adults
go without an education was the main agenda and Global March and its
partners actively participated in GAW and organize awareness campaign.
World day against child labour 12, June, Global March observed this year
World day against child labour 12-06-2007 as “stop Child Labour In
Agriculture Day”. Through its members and partner organizations Global
March against child labour conducted rallies, demonstrations, public meetings,
in America, Uganda, and Bangladesh.
07, July, 2007 (07-07-07) marks the midway to the International
community’s commitments for creating a better world for its citizens. What
have we achieved is the big question now. Global March against Child Labour
launched “Keep Your Promises” Campaign with objective to recommend
changes in the current strategy to achieve MDG the first step will be to
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recognize the fundamental importance of investing in children as the future of
our world. This must then be translated into concrete commitments for
development aid debt relief and budgetary allocations for children. These are
straightforward steps but they will make a per found difference in the lives of
countless young people today and in the hope for humanity tomorrow. When
we Endeavour to build a fair and just world, the very best way to begin is by
Pan-European and Euro-Mediterranean regional consultation was
organized with the view of new realities within GM and also pressed the need
to reposition ourselves in a newly expanded European Union and the
development of a pan European Trade Union Council including the countries
of East Europe. The expansion of the EU offers a great opportunity to promote
decent work and fundamental rights in the new EU member States and in the
Regional Consultation on the good practices on the elimination of child
labour the consultation saw the participation of over 150 delegates from over
15 states. The best practices on the elimination of child labour and trafficking
of children for forced labour was shared with all organization and esteemed
The Global Task Force on Child Labour and Education in making
progress with its researches and partnership at country level. ILO Convention
182, Worst Forms of Child Labour has been ratified by 165 countries. This is
the fastest ratified convention ever. This is due to Global March vibrant
movement to bring together NGOs, trade unions, committed individuals from
over 140 countries for the cause of making the world free of child labour and
achieving education for all.
The March seeks to eliminate child labour by questioning, attacking the
very systems that compel children to work at the global, regional and national
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All the above mentioned international efforts clearly signify the awareness
and urgency to remove child labour and protection of children initiatives taken
by various organizations are also appreciable , but for its full success it seeks
the commitment of member states to van and prevent child labour in hazardous
work and to remove children without delay form such work. An international
observation committee should be made for the effective implementation of
policies by the member states, which must be entrusted with powers against the
states not complying with the standards mentioned.
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