What are the key international regulations governing the prohibition of child labour; are they successful?

According to the International Labour Organisation (ILO), child labour is putting a child in hazardous conditions in regards to physical, ethical and educational development with exploitation being the main element[1]. Moreover, the definition also includes conditions of slavery, sexual exploitation and child involuntary conscription[2].

Under article 32 of the Convention on the Rights of the Child[3], the member nations recognise the right of the child to be protected from the aforementioned conditions that constitute child labour[4]. Moreover, the European Convention for the Protection of Human Rights and Fundamental Freedoms[5] also holds authority in prohibiting child labour under article 32. In international labour law, prohibition of child labour is regulated by the ILO[6]. Under the Convention 138[7] the minimum age for admission to hazardous employment is 18 years of age. 

There are various criticisms surrounding the area, with some of them being discussed below. There are accusations against the UN Convention[8] and ILO instruments[9] regarding their voluntary nature. This criticism originates from the fact that, only the states which agreed to ratify the UN convention are legally bound to comply with it.  Moreover, ILO cannot enforce its instruments as there are not sanctions to be taken for non obliging members[10]. Besides, only member states, employers and employee associations can bring a claim of infringement[11]. Finally, ILO has been deemed responsible for the fact that most member states were given the freedom to interpret the conventions in a vague[12] language; thus enabling them to exercise 'creative' implementation.

To sum up, the system is partly successful as it has managed to lower child labour[13]. However, there is a long way ahead before the child labour can be fully extinguished.  

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[1]'About child labour' (International Labour Organization)

 <http://www.ilo.org/ipec/facts/lang--en/> accessed 31 October 2010

[2]Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (adopted 17 July 1999, entered into force 19 November 2000) C182 (International Labour Convention)  <http://www.ilo.org/ilolex/cgi-lex/convde.pl?C182> accessed 31 October 2010

[3]Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) UNGA Res 44/25 <http://www2.ohchr.org/english/law/crc.htm> accessed 31 October 2010

[4] UNGA Res 44/25 (n8)

[5]Charter of Fundamental Rights of the European Union (as amended 364/01) <http://www.europarl.europa.eu/charter/pdf/text_en.pdf> accessed 31 October 2010

[6] 'About the ILO' (International Labour Organization) <http://www.ilo.org/global/About_the_ILO/lang--en/index.htm> accessed 31 October 2010

[7]Convention concerning Minimum Age for Admission to Employment (adopted 26 July 1973, entered into force 19 July 1976) C138 (International Labour Convention)  <http://www.ilo.org/ilolex/cgi-lex/convde.pl?C138> accessed 31 October 2010

[8]UNGA Res 44/25 (n8)

[9] (n15)

[10]' The Nuclear Non-Proliferation Treaty (NPT)' (Australian Department of Foreign Affairs and Trade) <http://www.dfat.gov.au/security/npt.html> accessed 31 October 2010

[11]Steven Simpson, 'Enforcement of Human Rights through ILO Machinery' [1995] 03-01 Human Rights Brief  <http://www.wcl.american.edu/hrbrief/v3i1/ilo31.htm> accessed 31 October 2010

[12]Guy Standing, 'The ILO: An Agency for Globalization?' [2008] 39-03 Development and Change <http://www.unhistory.org/pdf/StandingILO.pdf> accessed 31 October 2010

[13]'Facts on Child Labour 2010' [2010] International Labour Organization; Media and Public Information <http://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/documents/publication/wcms_126685.pdf> accessed 31 October 2010