CHILD RIGHTS AND PREVENTION OF CHILD LABOR

            INTRODUCTION

         Since the Industrial Revolution, unplanned population growth, primarily in developing and underdeveloped countries, increased the imbalance and injustice of income distribution, and sudden and effective decreases in family income caused all family members to work, leading to the increase in the use of child labor. In other words, since the income levels of the families are low, families need income in return for the labor of child workers. For this reason, in many countries in the world, children and young workers with a cheap labor force are used by employers to reduce the cost of work against competitive pressure. After the industrial revolution, it became possible to carry out production with machinery, and the need for muscle power in production activities was also influential in the choice of employers to employ children and young workers. In addition, children’s economic weakness, age and gender, and the lack of ability to decide for themselves have caused them to be discriminated against and preferred by employers. Since the child requires protection from birth, due to the reasons mentioned above, efforts are made to find solutions to the problems caused by the presence of children in business life with various legal regulations, and their rights are tried to be protected.

          Since the industrial revolution, studies have been carried out by various institutions and organizations such as the United Nations, the Council of Europe, the European Union, and the International Labor Organization in order to find a solution to this legal and social problem all over the world. In this context, all 187 member states of the International Labor Organization (ILO), whose practices we talk about frequently in our lectures, ratified the 1999 Emergency Convention on the Prohibition and Elimination of the Worst Forms of Child Labor in 2020. This Convention No. 182 on the ‘Worst Forms of Child Labor is the first to be universally ratified for the ILO. This is an important development in order to prevent the problem of child labor, which is one of the most critical social problems today. For this reason, I will deal with this topic, which is very current, and I will create my work on this subject.

          In my essay, firstly, I aim to define the concept of child labor and draw its boundaries. Then, I will touch on the causes of child labor, the social problems that can be experienced in case of child labor, and its harms in protecting children’s rights. Finally, I will discuss how we can prevent the problem of child labor by including international conventions and regulations. My essay aims to try to find solutions for protecting children who are vulnerable to adults and who have not fully completed their individual development. For this reason, my goal is to critically evaluate the regulations in this field by researching and discussing them.

Concept of Child Labour&Child Worker&Young Worker

          Firstly, considering the general legislation in the world, the concept of the child is defined as individuals who have not completed the age of eighteen. That is, age was taken as a criterion. However, In some western countries, it is seen that social and cultural factors are taken into account, as well as age, in determining a definition of the child. Article 2 of Convention on Urgent Action 182 on the Prohibition and Elimination of Worst Forms of Child Labor defined the term child as anyone under the age of eighteen.

          In addition, in the European Union’s writing about ‘The EU Strategy on the Rights of the Child and the European Child Guarantee,’ the definition of “child” includes all individuals under the age of 18. The European Commission, which is the executive body of the Union, recognizes the UN Convention on the Rights of the Child, which has also been signed by all EU countries, and its principles. The Convention defines a child as “a child is any human being up to the age of eighteen, except in the case of the early age of majority.” Child labor; is considered a violation of children’s rights and rights in working life and an obstacle to national development. Moreover, children’s rights are seen as an integral part of human rights, and the rights of this vulnerable segment of society are both respected at the union level and expected to be respected at the member state level.

          Today, in the fight against the problem of child labor, which is widespread in both the formal and informal sectors, the concept of child labor should be clearly stated in both national and international conventions, and this limit should be stated in other regulations regarding child law, especially in the UN Convention on the Rights of the Child. Must be aligned with the provisions. In an environment of increasing cooperation and competition between countries with the effect of globalization, it is one of the most important steps to be taken in preventing child labor for each country to reflect a common definition of child labor in its own national legislation.

           The legislation adopted to prevent people under a certain age from participating in working life reveals a certain sensitivity. This sensitivity is aimed at preventing people who are at the stage of physical and mental development from being crushed under the harsh conditions of working life instead of being in environments such as family, school, and games, which are necessary for their development, and to take place in society as healthy individuals in the future. For this reason, when determining the age limit for child workers, it is necessary to determine an age limit that will least harm the development of children and have the experience and range of thought that will keep them safe from work accidents and occupational diseases in the jobs they will perform, as well as resist the exploitation of employers. The most important point to remember is that children are the future of a country and the welfare of the country depends on the significant physical and mental development of children.

           In most of the research and articles on the subject of child labor, the distinction between working child and child labor is made. However, the criterion taken as the basis for these distinctions is the positive or negative effect of the work performed by the children on their lives, rather than the fact that the children are dependent on an employer for a fee or work entirely independently. To mention a few of the distinctions made in this regard, ‘Child work’ is work that is not harmful to children and does not hinder educational opportunities. ‘Child labor,’ on the other hand, is a work that prevents the child from having other rights, mainly the right to education, and harms his health, physical and psychological development

            Child labor is child employment that undermines the psychological and physical development of children and takes away their productivity for the economic gain of another. On the other hand, the working child enters the working order, which offers him freedom and freedom. Working children actively participate in the decision-making and resource utilization process, which means working for them is a happily learned experience.

            The approach of the International Labor Organization on child labor is in line with the above definitions. ILO makes a distinction in child labor not according to a dependent or independent working relationship but according to the nature of the activity performed by the children. According to ILO, child labor, defined in international law, is divided into three categories; the first is children working in jobs defined as the worst forms of child labor, such as forced labor such as slavery, and prostitution, and the second is children working under the minimum age determined in national legislation according to accepted international legislation, and the third is children working in dangerous jobs.

            If we refer to the distinction between child and young workers;

            In the ILO Convention No. 138, a distinction was made between child and young workers. In this Convention, different from the 1st article of the UN Convention on the Rights of the Child, which states that those under the age of 18 are considered children, the group between the ages of 15-18 is accepted as young workers. This regulation parallels the distinction of the child, adolescents, and young people in the 1st article of the council directive titled “Protection of Young Workers at Work,” adopted by the European Union on 22.06.1994. Article 7 of the European Social Charter accepts the distinction between child and young workers.

 Causes of child labor in Society

             Children need the protection of adults. For this reason, for children to be prepared for a better future, it is essential to take the necessary measures for their parents and the state to raise them, protect them, prepare them for social life, receive psychological support, and gain and develop their moral values. Failure to take these measures means dynamite the foundation of the society consisting of family and children. In other words, the continuity of healthy generations depends on social development, meeting children’s physical, mental, emotional and cultural needs in social development, and ensuring their moral, socio-economic and psychological development. Being in business life of children, who are so important in society, affects their development negatively. The industrial revolution is the center of the studies on the history of child labor in the world, especially in the west. Because production based on machines can also be performed by children, who are considered a cheaper labor force than adults. Of course, although the bad conditions following the industrial revolution have disappeared today, it is a fact that child employment is still intense. Especially in underdeveloped countries, more than 18% of children in the 10-24 age group participate in working life. While 0.5% of those under 15 in economically developed countries are employed, this rate rises to 4.6% in less developed countries.

            Other reasons for child labor are that the education period is not sufficient in underdeveloped or developing countries, that countries cannot ensure that every child undergoes basic education by not providing the necessary supervision, and that they do not provide an opportunity for all children to receive education until at least the age of fifteen.

International Labor Organization(ILO)’s Works for child labour and Children Protection in Europe

           One of the biggest and most important social problems of the twenty first century to be solved is “child labor”. Disadvantaged and weak individuals of society. Child workers, who have poor working conditions, are exposed to all kinds of abuse and abuse, especially in underdeveloped and developing countries, the labor of child workers, who are regarded as cheap labor, is exploited more. In underdeveloped and developing countries such as Nigeria, Somalia, India and Pakistan, most children start working earlier. Statistical data show that the number of child workers in such countries is high.

           As I stated before, the early participation of children in working life prevents them from eating healthily, playing games, having fun, living their childhood and going to school continuously for education. Child workers are deprived of basic human rights such as living, education, health, shelter and protection specified in the United Nations Convention on the Rights of the Child.

           In this sense, it is worth mentioning the International Labor Organization, which has undertaken important works to protect children’s rights and end child labor in the world.

           After the end of the First World War, the winning parties established a commission called the “International Labor Legislation Commission” to ensure peace worldwide, social justice on an international scale, and supervise the working conditions and hours of the working class. After a certain period, the contract covering all states in the international arena and regulating labor relations was accepted at the 1919 Versailles Peace Conference. At the same time, the International Labor Organization was established to improve workers’ living and working conditions and promote social justice. The International Program on the Elimination of Child Labor (IPEC) is a program run by the ILO since 1992. The aim of IPEC is to create a worldwide action to eliminate child labor problems, strengthen countries’ national potential and fight against child labour. Operating in 88 countries, IPEC spent more than US$61 million annually to implement projects in 2008.

           To show that the protection of the rights of child workers is important in ensuring social justice, the International Labor Organization first specified the working ages of children according to the sectors to ensure their participation in the working life, prohibited the work of children under a certain age, and prepared prevention programs on the contrary, putting children’s health at risk. There are conventions to prevent the worst forms of child labor and improve working conditions. 138 and 182 that set international labor standards and make arrangements accordingly.

ILO’s Urgent Action Convention 182 on the Prohibition and Elimination of the Worst Forms of Child Labor

           To prevent the work or employment of children working in severe and dangerous conditions, the ILO adopted the “Convention on Urgent Action on the Prohibition and Elimination of the Worst Forms of Child Labor” at its 87th Session held in Geneva on 17 June 1999. It is stated in the rationale of the convention that Convention No. 182 on the rights of child workers working in harsh conditions and dangerous jobs should be accepted under the ILO Convention No. 146.

           The first thing state parties should do is take urgent measures to ban and eliminate the worst forms of child labor.

    These urgent measures are written in Article 7 as follows;

“Prevent the engagement of children in the worst forms of child labor;

(b) Provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labor and for their rehabilitation and social integration;

(c) Ensure access to free primary education and, wherever possible and appropriate, vocational training for all children removed from the worst forms of child labor;

(d) Identify and reach out to children at particular risk; and

(e) Take account of the special situation of girls.”

            In the report titled “Ending Child Labor by 2025: A Review of Policies and Programs” 309, the ILO states that, based on the latest statistical data, there are 64 million girls and 88 million boys in the world, while the number of child workers has been declining since 2000. To eliminate child labor, governments should support the realization of social dialogue emphasizing the importance of education, social protection, legislation, and labor markets and adopt the policy approaches determined by the ILO. All of this can enable the elimination of child labor, the improvement of the quality of education, better working conditions for people, and the creation of “peaceful, just, and inclusive societies” in the world.

           By the way; The European Commission of Social Rights for child protection in the European Regulation of Social Rights: Social Protection and inclusion mentioned that;

“Children have the right to affordable early childhood education and quality care.

Children have the right to be protected from poverty. Children from disadvantaged backgrounds have the right to take special measures to increase their equal opportunity.”

      CONCLUSION

           Child labor, which continues to exist today, is accepted as a social problem. Increasing economic competition in the globalizing world, poverty, unemployment, migration, insufficient education in countries, and the demand for cheap and flexible labor of capital owners prevent the elimination of child labor. Children’s work endangers their health and safety, prevent them from living their childhood, take them away from education, and negatively affects their future.

           182 “Convention on Urgent Action on the Prohibition and Elimination of the Worst Forms of Child Labor” adopted by the ILO is one of the best steps taken to address the poor working conditions of children. Under this contract, the condition of implementing short and long-term combat programs to eliminate child labor has been put forward.

           The processing of international contracts in national legislation positively affects the fight against child labor. For example, laws adopted in England in the 19th century to protect child workers working in harsh conditions and their education effectively solved this problem. Apart from adequate national legislation on protecting children’s rights, the legal regulations adopted to solve this problem should be supervised.

            It is expected that the legal regulations and accepted international documents against child labor will effectively reduce this problem to some extent. It would be correct to say that child labor, which was 152 million in 2016, will be effective if the policies for preventing ILO’s reduction to 121 million by 2025 are implemented. In the prevention policies, the legal regulations of the countries to ensure the rights of children and workers, the legal working age of children, the provision of social protection in fragile situations and times of crisis, the accessibility and free education of education, as well as increasing the level of education, most importantly, the supply chain national or There are strategies and measures to prevent the demand for child labor in international companies. Implementing these policies can further accelerate the reduction of child labor, which has slowed down in recent years, and be effective in its elimination. The problem of child labor is a universal and social problem that the whole world should consider. Solving the causes of this problem will enable our children, who are promising for our world, to live better. The inability to prevent this problem, which is present in every period of history, creates unrest in society and weakens the state. Child labor is exploited in the problem of child labor that crosses national borders. In the globalizing world, short and medium-term programs must be put into practice to end this exploitation and fight child labor. This problem should not be viewed only as a problem of underdeveloped and developing countries but as a problem of the whole world.

REFERENCES

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       The EU Strategy on the Rights of the Child and the European Child. (2021, May 3). European Commission – European Commission. https://ec.europa.eu/info/policies/justice-and-fundamental-rights/rights-child/eu-strategy-rights-child-and-european-child-guarantee_en

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