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INTERNATIONAL CHILD LABOR A Comparative Study

Presented to

Fiscal Corazon B. Gaite-Llanderal College of Law Xavier University Ateneo de Cagayan Cagayan de Oro City

In Partial Fulfillment of the Requirements for the International Human Rights Law

By Borja, George L. Ferraren, Ryan de Leon Gingane, Joey D. Jardeleza, Elisa I. Palanan, Arnold F. Montilla, Dino R.

21 March 2009 Introduction

Child labor is a serious problem in many parts of the world, especially in developing countries. Generally, it means work that is done by children under the age of 15, which restricts or damages their physical, emotional, intellectual, social, or spiritual growth as children. The International Labor Organization estimates over 250 million children worldwide, between the ages of 5 and 14, are now working. Africa and Asia alone for over 90 percent of total child employment. Child labor is a worldwide crisis happening in all corners of the world. It is especially common in poor and developing countries. Among the many reasons children work are poverty, lack of education, lack of knowledge of one's rights and cultural tradition. Working conditions include severe and hazardous ones. These children are mostly deprived and mistreated. In a developing country like the Philippines, the child labor remains prevalent. Today, hundreds of thousands of Filipino children are being deprived of the prospects of development.

According to the International

Labor Organization (ILO), “childhood is wasted in premature work rather than being nurtured in school or at play.” This closes the door of the opportunity to gain full development as a human being. The lives of these children are constantly placed at risk. Clearly, they are cheated of their basic human rights and privileges. This reality rings a sounding call for an immediate public awareness and productive action.

The Problem

Poverty is one of the causes of child labor. The country’s economic instability and demographic factors contribute to the incidence of poverty where child labor is only one of the offshoots. However, poverty alone is not the only cause of child labor.

Cagayan de Oro shares with other cities of the Philippines in its ugly face of poverty. In Zayas landfill, child laborers were seen, amidst the scorching heat of the sun and odious fumes emanating from burning garbage, rummaging through wastes and plastics. Child laborers live with their families within the vicinity of the landfill. Their houses are dilapidated structures which are made up of light materials.

This idea prompted the investigators to look for answers to the following questions: 1) Why are there working children? 2) What factors motivate them to work? 3) Do these children and their parents define working as a problem? 4) What are the conditions which encourage them to work?

Data At least 250 million of the world’s children – one out of six – work for a living. Nearly half of them put in the same hours as adults. Two-thirds endure hazardous conditions.

North America

Europe Africa Latin America

Africa

Africa

Forty-eight million children work in Africa. About two out of five children earn some kind of income.

Europe Around 3000 Albanian children are trafficked to Italy and Greece in order to earn money begging and cleaning car windows for their adult ‘masters’.

Latin America About seven per cent of the world’s child workers between the ages of five and fourteen live in Latin America. One in six children there are wage earners.

North America UNICEF reports that at least 100,000 children are believed to be involved in commercial sexual exploitation.

Sixty-one per cent of child workers under fourteen (127 million) live in the Asia Pacific area.

Pakistan Bangladesh India

Indonesia

Australia

Bangladesh Almost a third of the country’s children are working to help their families survive. The government estimates about 6.6 million are aged five to fourteen.

India Between 75 and 115 million children under the age of fourteen are working. And although all bonded labor and servitude was officially abolished in 1975, at least 15 million children today are ‘bonded’ to pay back family loans.

Pakistan There are 10 to 15 million child-workers, with at least 8 million of them under the age of fifteen. Debt bondage enslaves 7 to 8 million children.

Even

though bonded labor has been a punishable offense since 1992, no one has ever been prosecuted for breaking the law.

Indonesia Seven-hundred thousand under-age children are put to work as domestics.

Australia 70,000 children under sixteen work for the clothing industry up to 20 hours or more a week alongside their immigrant parents.

And average of 1600

children aged between twelve and sixteen are seriously injured, maimed or killed each year in industry.

Domestic Laws: 1. 1987 Philippine Constitution Article II, Section XIII

recognizes the vital role of children and

youth in nation building, as well as the State’s responsibility to protect the welfare and uphold rights of children and youth. 2. Presidential Decree 603 (Child and Youth Welfare Code)

Article 1 states that the child is one of the most important assets of the nation, hence, every effort should be exerted to promote and protect his opportunities for a useful and happy life. 3. Republic Act 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act) Section 2 states that it shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development and over which they have no control.

Article II Section 4 states that a comprehensive program shall be formulated to protect children against child prostitution and other sexual abuse; child trafficking, obscene publications and indecent shows; other acts of abuse; and circumstances which endanger child survival and normal development. 4. Under the Child Protection Act of 1992 and the Republic Act No. 7610, however, children under 15 may be employed, provided that: a. the employer secures a work permit from the Department of

Labor

and Employment; the protection, health, and safety and morals of the children can be ensured; 5. Under the Child Protection Act of 1992 and the Republic Act No. 7610, however, children under 15 may be employed, provided that: a. measures to prevent exploitation or discrimination in remuneration and work schedules are instituted; b. and a continuous program for training and skill acquisitions of the child is formulated and implemented. 6. Labor Code Republic Act No. 7658 (Act Prohibiting the Employment

of Children

below 15 Years of Age in Public and Private Undertakings), 1993

International Laws: 1. U.N. Convention on the Rights of the Child 2. International Labor Organization (ILO) Convention No. 59

Concerning Minimum Age for ission to Employment in Industry 3. Memorandum of Understanding (MOU) with the International Labor Organization's International Program for the Elimination of Child Labor (IPEC) (June 22, 1994) 4. United Nations Children's Fund (UNICEF) “The Breaking Ground for Community Action on Child Labor" (abolishing exploitative child labor and protecting working children) (July 1988 ) 5. THE RIGHTS OF A CHILD UNDER THE UNITED NATIONS CONVENTIONS: a. Everyone under 18 years of age has all the rights in this Convention. b. All children have the right to life. Governments should ensure that children survive and develop healthily. c. The Government should provide extra money for the children of families in need. d. Children have a right to a standard of living that is good enough to meet their physical and mental needs. The Government should help families who cannot afford to provide this. e. All children and young people have a right to a primary education, which should be free. Wealthy countries should help poorer countries achieve this. Discipline in schools should respect children’s human dignity. Young people should be

encouraged to reach the highest level of education they are capable of. f. . Education should develop each child's personality and talents to the full. It should encourage children to respect their parents, and their own and other cultures. g. All children have a right to relax and play, and to in a wide range of activities. h. The Government should protect children from work that is dangerous, or might harm their health or their education. i. Children should be protected from any activities that could harm their development. j. The Government should make the Convention known to parents and children.

Recommendations: 1. Organize more community volunteers to help social workers in treating and rehabilitating child laborers. 2. Giving a child laborer access to self-employment assistance, skills training, leadership training, education assistance and legal service assistance. 3. Parent undergo PARENT EFFECTIVENESS SESSIONS that help develop the right attitude and necessary ability in dealing with their children.

4. Scholarship a. Providing vocational training in a non-formal, non-grade set-up. b. Granting

school

assistance

such

as

school

supplies

and

scholarships to students. 5. Special allotment of funds on socio-economic and political issues involving children; cooperatives. 6. Provides health and livelihood assistance to parents so they not send their children to labor. 7. Coordination of effort by all agencies and organizations serving children at risk for exploitation.