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Abstract
In the developing, overpopulated countries, child labor is often institutionalized for economic reasons, further perpetuating multi-generational poverty. Indian law is not concerned with abolishing child labor and fails in regulating it while the children are exploited and harmed. Until eighteen years of age, the child cannot own their labor; therefore, parents may sell these labor rights or even their child. Moreover, fourteen is the minimum age for working in dangerous conditions, while in Nigeria and the Philippines the age is eighteen. The Nigerian legal instruments as to the worst forms of child labor, especially child trafficking, are in concert with international law; however, the problem of poverty needs to be further addressed. In the Philippines, though child labor laws are based on internationally accepted approaches, the penalization of victims occurs, as punishment for violations is imposed upon parents, further perpetuating the problem. In conclusion, child labor is a systemic issue, and the laws on child employment need to be reflective of it.
Introduction
Child labor is one of the crucial issues the world still faces today. International laws provide regulation of child employment; however, this paper argues that in developing countries the local legislature often is more permissible. Thus, the problem becomes institutionalized, and the cycle of poverty perpetuated. This paper will examine the legislature on the problem in developing countries such as India, the Philippines, and Nigeria by critically analyzing specific academic articles.
Child Labor Law in India: Ramanathan’s perspective
Usha Ramanathan in his 2016 article “On Engaging with the Law: Revisiting Child Labour” on the Indian child labor laws examines the inefficiency of the existing corpus juris in regulating the matter. Children in India work in shops, houses, and fields. They are employed in multiple workspaces and industries not regulated by law, as, for example, the begging on the street in India is commonly realized by children.
An Overview of Legislature
Ramanathan states that “the Children (Pledging of Labour) Act (CLPRA) of 1933 presumes the capacity of a parent to pledge the labor of a child: a statement in law acknowledging that till majority (i.e., 18 years) a child cannot own even her own labor” (2016, pp. 264-265). As a result, not only is the child unable to enter into a legal contract of employment, but the parents have the right to sell rights to the child’s labor, or even to the child as a whole. The implications of the country’s economic need for the employment of children are thoroughly discussed, as are other factors, such as the public perception of the issue, and the population growth problem in the context of poverty.
The Mechanics of the Law and the Institutionalization of Child Labor
Next, Ramanathan discusses the mechanics of law and stresses that neither the Indian Constitution, nor the CLPRA is concerned with the abolition of child labor, but of merely the hazardous aspects of it (2016). The poverty of the Indian population, therefore, contributes to the fact that the law does not see the phenomenon as a problem. Discussing the prohibition aspect, the author explains why the laws and their revisions have been ineffective in regulating child employment in hazardous conditions, and how the legal definitions are enabling the exploitation of children. The aspect of the legal system failing those employed in industries not regulated by law, and, thus, victimized, is thoroughly addressed with cases’ examples included.
Discussion
To sum up, Ramanathan sees the need for abolition of child labor in India, though they are more concerned with elucidating the children’s condition than the mechanics of the Indian legal system. The Indian scholar sees a lack of pragmatism in the laws enumerated in the article and finds them dehumanizing. Ramanathan cohesively links the roles poverty, employment in the family business, and illiteracy play in the extent of the problem; however, the strength of his argument is undermined by the use of slang.
Ali and Khan on Overcoming Child Labor in India
Hasnaim Ali and Mr. Samsuddin Khan in their 2012 article “The Overcoming of Child Labour in India: In Perspective of Constitutional and Legislative Framework,” attempt to examine the existing body of laws on the issue. The Constitution is stated to be effective in safeguarding the children who work, and the corresponding Articles are enumerated; however, in contrast with the previous scholar, the authors fail to notice that it allows the problem to persist. The only Article that is concerned with age merely states that no children under the age of fourteen “shall be employed to work in any factory or mine or engaged in any other hazardous employment” (Ali&Khan, 2012, p.84). Addressing other legislative provisions, among them CLPRA, they enumerate the ways these Acts regulate child employment and protection of young workers. Once again, the Indian authors are unclear in their discussion, and repeatedly stress that the existing laws are successful in securing the children’s health and well-being. However, as seen in the previous article, it is not the case.
Causes of Child Labor
Next, Ali and Khan focus on the causes of the phenomenon. Once again, poverty, overpopulation, and customs are cited to be the case. More importantly, they address the issues of industrialization, government apathy, and insufficient enforcement of the legislation as well. Strikingly, the authors then blame the children for these issues, stating that these “are mostly silent listeners or non-listeners of the policies and programs meant for them and hence, their problems are not properly realized” (Ali&Khan, 2012, p.86). One might think, then, that the scholars would like these poor, uneducated children to be more active in raising the issues they have no control over. The notion is all the more absurd, as further on in the article the authors discuss the harmful impact of labor on children, naming the section Challenges.
Legislative Efforts Aimed at Combating the Problem
The authors then continue with the present scenario and legislative efforts both international, such as those adopted by the UN, and local, such as the 1987 National policy on child labor. National Human Rights Commission is stated to be concerned with the working children’s lack of access to education. However, the scholars are mostly declarative in these sections of the paper and are not concerned with adopting a more pragmatic approach and demonstrating whether or not these efforts had any effects on the persistence of the problem in India.
Discussion
The authors introduce their work in an unscholarly manner; moreover, the document contains numerous mistakes in using the English language. Ali and Khan fail to critically approach the notion of institutionalization of child labor in India, merely stating that the phenomenon is widespread. To sum up, therefore, the scholars’ main failing consists in not addressing the possibility of the abolishment of child labor, as they see the phenomenon as necessary; moreover, they place the blame on the working children.
Worst Forms of Child Labour in Nigeria
Nwazuoke and Igwe in their 2016 article Worst Forms of Child Labour in Nigeria: An Appraisal of International and Local Legal Regimes aim to identify main concerns with the issue. Additionally, they present a “comprehensive study of international and local legal instruments against child labor” (Nwazuoke & Igwe, 2016, p. 69). The authors examine the worst forms of child labor as defined by international and local legal instruments, and identify their causes and consequences. It is worth noting that under Nigerian law, the child is taken to mean a person under 18 years of age, not 14 as in India.
The Legal Instruments
The International Labor Organization (ILO) thus enumerates the worst forms of child labor: slavery in all its forms, prostitution and related activities, other illicit activities such as those related to drugs, and any form of work that may harm the morals, health or safety of the child. Nwazuoke and Igwe, then, comprehensively analyze the legal instruments concerned with the trafficking of children, such as the Palermo Protocol and the 2003 Trafficking in Persons (Prohibition) Law, Enforcement and Administration Act, and the Child’s Rights Act of the same year. As trafficking presents a significant problem in all of Africa, the scholars thoroughly discuss the legal implications for the guilty party, as well as the obligations of the state. Concerning child slavery and prostitution, they thoroughly cite the corresponding forms of punishment, such as terms of imprisonment and fines.
Causes of Child Labor in Nigeria
As to the causes of child labor, the authors address the problem of poverty and the high rate of unemployment in Nigeria. As to the lack of education, Nwazuoke and Igwe stress that the regions “where between 60% – 70% of child labor is prevalent, do not possess adequate school facilities” (2016, p. 79). Citing harmful cultural practices, such as rationalizing child labor as character-building, they address the issue of gender discrimination and child neglect as well. Specific consequences of child labor, thoroughly enumerated by the authors, include injury, death, disability, sexual abuse, and the perpetuation of poverty and crime.
Discussion
Moreover, Nigerian laws offer better protection of children as to the forms of employment that are likely to be harmful to their morals, health, and safety. This notion is all the more significant, as the article by Ali and Khan states that in India those over 14 years of age are allowed to work, for example, in a mine. Using a pragmatic approach, Nwazuoke & Igwe propose specific recommendations to the state, citing the need for appropriate training and adequate facilities for the law enforcement agents, and an enhancement in travel security measures aimed at combating child trafficking. The scholars are, unfortunately, brief as to the proposed measures of reducing poverty, choosing instead to address the issue of human trafficking further.
Child Labor Law in the Philippines
In her 2016 article “Eradication of Child Labor in the Philippines: Shifting the Financial Burden of Child Labor Law Violations from Parents to Employers,” Ju focuses on the effects of Republic Act No.9231 (Act) on combating the problem of child exploitation. In implementing the principal international conventions, the act establishes the minimum age of employment as fifteen, prohibits those “under the age of eighteen from engaging in the worst forms of child labor,” and establishes penalties for violation of the corresponding laws for both parents and employers (Ju, 2016, p. 178).
Emphasizing the Domestic Context
Next, the problem in its global context is succinctly addressed, as are its adverse effects on the underage laborers’ health, education perspectives, and personal development. By employing research and statistics, the scholar finds that eight percent of the country’s children between five and seventeen years of age were engaged in child labor in 2011 (Ju, 2016, p. 183). Most of these worked in the agricultural or service sector, however under six percent were employed in dangerous industries, such as gold mining (Ju, 2016). Next, the author provides an examination of the links between poverty and interrupted education, the latter being crucial in perpetuating the generational aspect of the former.
Penalizing the Victim
The second section of Ju’s paper elucidates the reader on the legal framework that governs the phenomenon both globally and in the domestic context, via a thorough examination of international conventions and the way the Act successfully implements these. However, stressing the poverty of a significant part of the population, Ju finds the “schedule of penalties on parents and employers who violate child labor provisions” aspect of the Act detrimental to tackling the issue of child labor, as it imposes “additional financial burdens” on the already struggling parents, while penalties for employers are marginally higher (Ju, 2016, p. 191). Additionally, as the provision includes imprisonment as a form of punishment, the victim is further penalized. In the conditions of poverty, child labor is an additional source of income for the family, more so in the case of losing a parent due to incarceration.
Discussion
Providing a strong argument, Ju proposes that the penalties imposed by the Act on parents should be eliminated, and those for the employees should be appropriately raised, taking into account the worst forms of child labor as well. The scholar is thorough in substantiating their claim, citing statistics, and presenting a relevant case analysis. The author is thorough in elucidating the influence of multi-generational poverty on the phenomenon in the Philippines, citing a lack of education of both parents and children as crucial in perpetuating it. Most importantly, Ju addresses the aspect of global supply chains as perpetuating child labor in the growing economy, while the Indian scholars fail to address the issue.
Conclusion
In conclusion, this research has examined the problem of child labor in the developing countries and the role the corresponding legal instruments play in combating or sustaining it. Based on the critical analysis of the Indian articles, one could conclude that child labor is institutionalized in the country, and not every scholar sees the need for its abolishment. The Filipino laws, meanwhile, penalize the victim, thus contributing to the perpetuation of multi-generational poverty and further exploitation of children. Therefore, there exists a need for changes in the legislatures of these two countries. In Nigeria, poverty and lack of access to education perpetuate the problem; however, the scholars see the need for combating the worst forms of child labor as crucial. In conclusion, child labor is a systemic issue, and the law-makers need to view it as such.
References
Ali, H., & Khan, M. S. (2012). The Overcoming of Child Labour in India: In Perspective of Constitutional and Legislative Framework. Journal of Business Management & Social Sciences Research, 1(3), 84-85. Web.
Ju, D. (2016). Eradication of Child Labor in the Philippines: Shifting the Financial Burden of Child Labor Law Violations from Parents to Employers. George Washington International Law Review, 49, 175-203. Web.
Nwazuoke, A. N., & Igwe, C. A. (2016). Worst Forms of Child Labour in Nigeria: An Appraisal of International and Local Legal Regimes. Beijing Law Review, 7, 69-82. Web.
Ramanathan, U. (1998). On Engaging with the Law: Revisiting Child Labour. The Indian Law Institute. Journal of the Indian Law Institute, 40(1/4), 263-283. Web.
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