RECOMMENDATION
The Committee recommends that the State party adopt legislative safeguards for the protection of children working in family businesses, adopt a comprehensive list of exploitative and hazardous work prohibited for children, and provide labour inspectors with mandatory training on recognizing and addressing child labour and strengthen its labour inspections. The Committee also recommends that the State party seek technical assistance from the International Programme on the Elimination of Child Labour of the International Labour Office in this regard.
| Recommendation No: | CRC-67 |
|---|---|
| Recommendation Year: | 2016 |
| Recommendation Text: | The Committee recommends that the State party adopt legislative safeguards for the protection of children working in family businesses, adopt a comprehensive list of exploitative and hazardous work prohibited for children, and provide labour inspectors with mandatory training on recognizing and addressing child labour and strengthen its labour inspections. The Committee also recommends that the State party seek technical assistance from the International Programme on the Elimination of Child Labour of the International Labour Office in this regard. |
| Convention/Treaty Body: | Convention on the Rights of the Child |
| Information Deadline: | |
| Implementation Deadline: |
Related Human Rights Articles
CRC Article 32 - 1. States Parties recognize the right of the child 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.
2. States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end, and having regard to the relevant provisions of other international instruments, States Parties shall in particular:
(a) Provide for a minimum age or minimum ages for admission to employment;
(b) Provide for appropriate regulation of the hours and conditions of employment;
(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.
Stakeholders
Attorney General's Office (AGO)
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Ministry of Youth, Sports & Community Empowerment (MoYSCE)
Relevant Articles of the Constitution
35A - Children and young people are entitled to special protection and special assistance from the family, the community and the State. Children and young people shall not be harmed, sexually abused, or discriminated against in any manner and shall be free from unsuited social and economic exploitation. No person shall obtain undue benefit from their labour.
Relevant Legislation Articles
10 - Punishment given in schools must be appropriate to the age of the child and should not be physically or psychologically harmful to the child.
18 - No child shall, even as a measure of discipline be subjected to punishment which may cause physical injury or
which may be detrimental to the health of the child.
26 - No child shall be require to perform any work which is incompatible with the age, health, and physical strength of the child. Further, no child shall be required to perform any work that may interfere with the child’s education or may adversely influence the morals or behaviour of the child.
27 - No child below the age of 14 shall be employed for remuneration. Where a child who has attained the age of 14 years is employed for remuneration, such child shall be assigned work compatible with the child’s age and health, and shall be paid reasonable remuneration for the work performed
and shall be provided medical care for
injuries caused in the course of such
employment.
Relevant Regulations & Policies
No Relevant Regulations & Policies
Relevant Articles of other Human Rights Conventions
ICCPR Article 8 - The freedom from slavery and servitude.
CEDAW Article 6 - Article 6
States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.
CAT Article 1 - CAT Article 1
1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.
CAT Article 16 - CAT Article 16
1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.
2. The provisions of this Convention are without prejudice to the provisions of any other international instrument or national law which prohibits cruel, inhuman or degrading treatment or punishment or which relates to extradition or expulsion.
Related Recommendations of other Treaty Bodies
No Related Recommendations of other Treaty Bodies
Related SDGs
No Related SDGs
Categories
Economic exploitation, including child labour