Transcript Child Labour Concpets and Definition

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Child Labour Statistics:
Concepts and Definitions
Challenges and Strategies in Improving
Labour Statistics in Africa
Tuesday 23 November 2010
International Programme on the Elimination of Child Labour, ILO Geneva
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Child Labour: Concepts and
Definitions, International Conventions
Defining Child Labour (CL)
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For any country the concept and definition
of CL for statistical measurement should
take into account the national needs and
circumstances.
Therefore, the starting point for developing
the definition of CL is :
National legislation (where available)
Guidelines provided by international
labour standards/ ILO Conventions ,
international statistical standards
and other international instruments
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Resolution concerning Statistics
of Child Labour
Defining Child Labour (CL) ……...2
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The statistical measurement framework
for child labour is structured around two
main elements, namely:
age of the child; and
productive activities by the child
including
 their nature
 the conditions under which these
are performed , and
 the duration of engagement by the
child in such activities.
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The international legal framework
The international legal framework
1. ILO Convention Minimum Age
Convention, 1973 (No. 138)
Applies:
to all economic sectors, and
to all working children
whether  they are employed for wages, or
 working on their own account.
It is the most comprehensive and authoritative
international definition of minimum age for
admission to employment (that is, being at work).
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The international legal framework
Requires a national policy for the
effective abolition of child labour
(Art. 1)
ILO
Minimum Age
Convention
No. 138
Requires a specification of minimum
age (Art. 2)
General minimum
age specifications
Exceptions for
developing
countries
Basic Minimum
Age (Art. 2)
15 years
14 years
Hazardous work
(Art. 3)
18 years
(16 years conditionally)
NO EXCEPTION
Light work (Art. 7)
13-15 years
12-14 years
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The international legal framework
2. ILO Convention on Worst Forms of
Child Labour [WFCL], 1999 (No. 182)
 No “flexibility clauses” – makes no distinction
between developed and developing countries, and
applies to all girls and boys younger than 18 years.
 Defined in Article 3 (No.182) as:
(a)
all forms of slavery, and practices similar
to slavery, include debt bondage & forced
labor, and use of children in armed conflict
(b)
use, procuring or offering of a child for
prostitution, pornography, etc.
(c)
use, procurement or offering of a child for
illicit activities, particularly trafficking in drugs
(d)
work that is likely to harm the health, safety,
or morals of children
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The international legal framework
ILO Worst Forms
of Child Labour Convention
No. 182 and its
Recommendation
No. 190
PRE-AMBULE OF CONVENTION:
« ..child labour is to a great extent
caused by poverty and (..) the
long-term solution lies in sustained
economic growth leading to social
progress, in particular poverty
alleviation and universal education.. »
A new global cause
Irrespective of
level of
development
of country
Calls for immediate
action to eliminate
the worst forms of
child labour as a
matter of urgency
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The international legal framework
All sectors
of economic
activity
Girls and
boys
under 18 years
Special attention
to most vulnerable
( like those very
young, and girls )
Worst forms of
child labour as
priority
target groups
Children in
illicit
activities
Children in
hazardous work
(however, C182 does
not define hazardous
and leaves it to the
countries)
Children in
prostitution and
pornography
Children in
debt bondage and
serfdom
Including
forced
recruitment
for use in
armed
conflict
Children in
slavery, forced or
compulsory
labour
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The international legal framework
3. United Nations Conventions
on the Rights of the Child, 1989
Defines a child as an individual
under the age of 18 years.
[Note: All children younger than age 5 years are
assumed to be economically inactive, so for CL
analysis the age group 5-17 years is considered]
Provides that children be protected
from economic exploitation and work
that threatens their health, education
and development into a responsible
adult member of society.
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Statistical measurement of CL
Statistical measurement of CL
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■ Age of a child: The target population of CL
comprises all persons in the age group from 5 to 17
years, where age is measured as the number of
completed years at the child’s last birthday.
■
National statistical offices may, in consultation with
the responsible government offices for education,
protection and welfare of children and adolescents, set
the lower age threshold below 5 years if that is
considered useful in the light of national circumstances.
[Note: The lower age threshold should never be higher
than the official age for entry into compulsory schooling.]
Statistical measurement of CL
Statistical measurement of CL
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■ Children in employment: Children in employment
are those engaged in any activity falling within the
production boundary in the SNA for at least one
hour during the reference period. They consist of:
(a) those in child labour within the SNA
production boundary;
(b) children aged 12 to 14 years in permissible
light work; and
(c) adolescents in the age group 15 to 17 years
engaged in work not designated as one of the
worst forms of child labour.
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Statistical measurement of CL
Statistical measurement of CL
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■ Children in other productive activities: Children
in other productive activities includes children who
perform unpaid household services, that is, the
production of domestic and personal services by a
household member for consumption within their own
household, commonly called “household chores”.
In contrast, the performance of household services
in a third-party household, paid or unpaid, is an
economic activity and included within the production
boundary of the SNA.
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Statistical measurement of CL
Statistical measurement of CL
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■ Child labour: The term child labour reflects the
engagement of children in prohibited work and,
more generally, in types of work to be eliminated as
socially and morally undesirable as guided by
national legislation, the ILO Minimum Age
Convention, 1973 (No. 138), and the Worst Forms
of Child Labour Convention, 1999 (No. 182).
■ Note: Child labour may be measured in terms of the
engagement of children in productive activities
either on the basis of the general production
boundary, or on the basis of the SNA production
boundary – but the measurement framework should
be clearly specified.
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Statistical measurement of CL
Statistical measurement of CL
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■ Child labour (contd.): For the purpose of statistical
measurement, children engaged in child labour
include all persons aged 5 to 17 years who, during a
specified time period, were engaged in one or more
of the following categories of activities:
(a) worst forms of child labour;
(b) employment below the minimum age, and
(c) hazardous unpaid household services [where
general production boundary is the measurement].
■ Note: Please refer to schematic diagram.
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Age group
General production boundary
SNA production
Children below the
minimum age
specified for light
work
(for example,
5–11 years)2
Children within the
age range specified
for light work
(for example,
12–14 years)2
(1a)
Light work3
(1b)
Regular work4
Employment
below the
minimum age for
light work
Employment
below the general
minimum working
age
Non-SNA production
Worst forms of child labour
(2a)
Hazardous work
(2b)
Worst forms of
child labour other
than hazardous
work
Employment in
industries and
occupations
designated as
hazardous, or
work for long
hours and/or at
night in industries
and occupations
not designated as
hazardous
Children trafficked
for work; forced
and bonded child
labour; commercial
sexual exploitation
of children; use of
children for illicit
activities and
armed conflict
(3a)
Hazardous unpaid
household
services1
(3b)
Other
non-SNA
production
Unpaid household
services for long
hours; involving
unsafe equipment
or heavy loads; in
dangerous
locations; etc.
Children at or
above the general
minimum working
age
(for example,
15–17 years)2
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(3a) is applicable where the general production boundary is used as the measurement framework for child labour.
Age-group limits may differ across countries depending upon the national circumstances.
3 Where applicable at the national level.
4 Children in employment other than those covered under columns (1a), (2a) and (2b).
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Denotes child labour as defined by 18th ICLS resolution
Denotes activities not considered child labour
Statistical measurement of CL
Statistical measurement of CL
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■ Worst forms of child labour (WFCL): Defined earlier
with Article 3 of ILO Convention No. 182 (C182)
■ Based on national circumstances, countries may also
wish to collect data on activities by children which are
outside the general production boundary, such as
begging and stealing, and which may be considered in
the context of WFCL.
■ Activities covered under Article 3(a)–3(c) of C182 are
referred to as “WFCL other than hazardous work”,
and often also termed “unconditional WFCL”. [Note:
Standardized statistical concepts and definitions for
these CL forms are not fully developed. Statistical
measurement methods are at an experimental stage.]
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Statistical measurement of CL
Statistical measurement of CL
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■ Hazardous work by children: Activities covered under
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Article 3(d) of C182 –3(c) are referred to “hazardous
work”. These are defined as :
(a)
exposes children to physical, psychological,
or sexual abuse
(b)
underground, under water, at dangerous
heights, and in confined spaces
(c)
with dangerous machinery, or involves
manual handling of heavy loads
(d)
in unhealthy environments that expose
children to health hazards
(e)
under particularly difficult conditions (e.g.
long hours), or if freedom confined
Statistical measurement of CL
Statistical measurement of CL
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■ Hazardous work by children (contd): Hazardous work by
children is statistically defined in terms of the engagement of
children in activities of a hazardous nature (designated
hazardous industries and occupations) as reflected in
paragraphs (a)–(d) of previous slide. It may also be work
under hazardous conditions, for example, long hours of
work in tasks and duties which by themselves may or may
not be of a hazardous nature for children (hazardous work
conditions) as reflected in paragraph (e) of previous slide.
■ Hazardous occupations for children are designated on
basis of national laws or regulations, where they exist.
Designated hazardous occupations for children may also be
identified on the basis of recommendations from competent
consultative bodies, such as, the National Steering
Committee on CL.
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Statistical measurement of CL
Statistical measurement of CL
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■ Hazardous work by children (contd):
■ Hazardous work for children may be measured in
terms of designated hazardous industries for
children in countries that have prohibited the
engagement of children in specific designated
industries, for example, construction, and mining and
quarrying.
■ Long hours of work: When hours actually worked at
all jobs during the reference period is above a
specified threshold, that may be determined in terms
of the maximum number of hours of work that the
national law or regulation sets for children who have
reached the minimum working age.
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Statistical measurement of CL
Statistical measurement of CL
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Light work (permissible): Permissible work by children below
minimum age for employment that is: (a) not likely to be harmful to
child’s health or development; and (b) not such as to prejudice
child’s school attendance, participation in vocational orientation or
training programmes, or their capacity to benefit from the
instruction received. [Note: A restriction on weekly hours of work is
required for this age group, but the determination of the maximum
number of hours is left to the competent national authorities. In its
absence 14 hours per week limit may be applied.]
■ Hazardous unpaid household services by children are those
performed in the child’s own household under hazardous work
conditions, such as, for long hours, in an unhealthy environment,
involving unsafe equipment or heavy loads, in dangerous
locations, etc. The effect on a child’s education should also be
considered when determining what constitutes long hours.
■
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212/21
Conceptual framework of child labor
(SNA production boundary)
Forms of child labour
Hazardous work
Child labour
Children in employment
Global child labour measurement framework
Para 12
In designated
hazardous industries
In other
industries
Para. 27
In designated
hazardous occupations
In other
occupations
Para. 25-26
Long hours of work
(43+ hrs)
Para. 28-30
Not long hours of work
(<43 hrs)
In other hazardous
work conditions
Non-hazardous
work conditions
Para. 24
Hazardous work
by children
Para. 21-30
Hazardous unpaid
household activities
by children
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5-11 yrs
Para. 32
12-14 yrs
14+ hrs
Para. 33-35
15-17 yrs
Light work
(<14 hrs)
Para. 36-37
Child labour
Para. 14-37
Not child labour
18th International Conference of Labour Statisticians, Resolution concerning statistics of child labour
(ILO, Geneva, 2008)
Children in employment
(5-17 years old)