Child labor is
a crime prosecutable under national and international laws. Nonetheless,
enforcement is elusive, particularly in an industry where the supply chain is
fragmented and human trafficking and child labor is often hidden, which is why
GoodWeave's innovative market-based model works to end child labor in the South
Asian handmade carpet industry.
Following is a list of laws crafted
to eliminate the practice of child labor.
INTERNATIONAL
CONVENTIONS PROHIBITING CHILD LABOR AND SETTING AGE STANDARDS
Minimum
Age Convention 138 (C138), 1973
Adopted by the
International Labour Organization (ILO) in 1973, C138 binds ratifying countries
to pursue a national policy for the abolition of child labor and to
progressively raise the minimum age for employment or work to a level
consistent with the fullest physical and mental development of young persons.
This minimum age should be 15 years, or the age reached by the completion of
compulsory schooling. According to the convention, the minimum age for work that
is likely to jeopardize the health, safety or morals of young persons is 18. To
date, 144 countries have ratified C138, including Nepal in 1997. India and
Pakistan are yet to ratify Convention 138. To learn more about C138, click
here.
Convention
on the Rights of the Child (CRC), 1989
The Convention
on the Rights of the Child is the first legally binding international
instrument to incorporate the full range of human rights for children,
including civil and political rights as well as economic, social and cultural.
Article 32 states that children have the right to be protected from economic
exploitation and from 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. The Convention is the
most universally accepted human rights instrument in history and has been
ratified by 192 countries––every country in the world except two, the United
States and Somalia. Click here to learn more about the CRC.
Worst
Forms of Child Labour Convention 182 (C182), 1999
On June 17,
1999, the ILO adopted Convention 182, which calls for immediate and effective
measures to prohibit and eliminate the worst forms of child labor. “Child”
applies to all persons under the age of 18. “The worst forms of child labor”
refers to child slavery, forced labor, trafficking, debt bondage, serfdom,
prostitution, pornography and forms of work that harm the health, safety or
morals of children. To date, 160 countries have ratified ILO Convention 182,
including Nepal in 2002. India is yet to ratify Convention 182. To learn about
C182, click here.
U.S. LAWS
PROHIBITING THE IMPORTATION OF GOODS MADE WITH CHILD LABOR
The
Sanders Amendment to the U.S. Tariff Act of 1930
The Tariff Act
of 1930 prohibits the importation of products made with "forced or
indentured labor" into the United States. In 1997, the Sanders Amendment
clarified that this applies to products made with "forced or indentured
child labor."
The
Generalized System of Preferences (GSP)
Enacted in
1974, the GSP program authorizes approximately 4,284 products from 140
developing countries, including India and Nepal, to enter the United States
market duty-free. In 1984, new provisions took away U.S. trade preferences from
countries that systematically deny internationally recognized workers' rights.
These rights include: freedom of association; the right to organize and bargain
collectively; a prohibition of any form of forced or compulsory labor; and acceptable
conditions of work with respect to minimum wages, hours of work and
occupational safety and health.
Trade
and Development Act of 2000
This Act,
signed into law in May 2000, affords special trade benefits to Sub-Saharan
Africa and the Caribbean Basin countries. Section 411 clarifies that the ban on
articles made with forced and/or indentured labor under the Trade Act of 1930
now includes goods made with forced and/or indentured child labor. Section 412,
worst forms of child labor, denies U.S. trade preferences to countries that
fail to meet and effectively enforce the standards established by ILO C182.
GoodWeave is currently the only certification
program established to assure that carpets are not made with child labor in
India, Nepal and Afghanistan.
OTHER U.S. LAWS
California
Transparency in Supply Chains Act of 2010
In four little
legislative pages the law establishes that slavery exists everywhere and it is
in the interest of the State to combat it. Click here to learn about the making
of the act from U.S. State Deparment staffperson Alison Kiehl Friedman.
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ReplyDeleteNice to read this Child Labor and Human Trafficking Laws. Child labor is a crime prosecutable under national and international laws. Good to read that INTERNATIONAL CONVENTIONS PROHIBITING CHILD LABOR AND SETTING AGE STANDARDS. I really like this and appreciated this. Thanks for sharing.
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