INTERNATIONAL CHILD LABOR

A Comparative Study

Presented to

Fiscal Corazon B. Gaite-Llanderal

College of Law
Xavier University
Ateneo de Cagayan
Cagayan de Oro City

In Partial Fulfillment
of the Requirements for the
International Human Rights Law

By

Borja, George L.
Ferraren, Ryan de Leon
Gingane, Joey D.
Jardeleza, Elisa I.
Palanan, Arnold F.
Montilla, Dino R.

21 March 2009

Introduction
 Child labor is a serious problem in many parts of the world, especially

in developing countries. Generally, it means work that is done by children

under the age of 15, which restricts or damages their physical, emotional,

intellectual, social, or spiritual growth as children.

The International Labor Organization estimates over 250 million

children worldwide, between the ages of 5 and 14, are now working. Africa

and Asia alone account for over 90 percent of total child employment. Child

labor is a worldwide crisis happening in all corners of the world. It is

especially common in poor and developing countries. Among the many

reasons children work are poverty, lack of education, lack of knowledge of

one's rights and cultural tradition. Working conditions include severe and

hazardous ones. These children are mostly deprived and mistreated.

In a developing country like the Philippines, the child labor remains

prevalent. Today, hundreds of thousands of Filipino children are being

deprived of the prospects of development. According to the International

Labor Organization (ILO), “childhood is wasted in premature work rather than

being nurtured in school or at play.” This closes the door of the opportunity

to gain full development as a human being. The lives of these children are

constantly placed at risk. Clearly, they are cheated of their basic human

rights and privileges. This reality rings a sounding call for an immediate

public awareness and productive action.

 The Problem

Poverty is one of the causes of child labor. The country’s economic

instability and demographic factors contribute to the incidence of poverty

where child labor is only one of the offshoots. However, poverty alone is not

the only cause of child labor.

Cagayan de Oro shares with other cities of the Philippines in its ugly

face of poverty. In Zayas landfill, child laborers were seen, amidst the

scorching heat of the sun and odious fumes emanating from burning

garbage, rummaging through wastes and plastics. Child laborers live with

their families within the vicinity of the landfill. Their houses are dilapidated

structures which are made up of light materials.

This idea prompted the investigators to look for answers to the

following questions:

1) Why are there working children?

2) What factors motivate them to work?

3) Do these children and their parents define working as a problem?

4) What are the conditions which encourage them to work?

 Data
At least 250 million of the world’s children – one out of six – work for a
living. Nearly half of them put in the same hours as adults. Two-thirds
endure hazardous conditions.

North Europe
America

Africa
Latin
America

Africa

Africa
 Forty-eight million children work in Africa. About two out of five

children earn some kind of income.

Europe

Around 3000 Albanian children are trafficked to Italy and Greece in

order to earn money begging and cleaning car windows for their adult

‘masters’.

Latin America

About seven per cent of the world’s child workers between the ages of

five and fourteen live in Latin America. One in six children there are wage

earners.

North America

UNICEF reports that at least 100,000 children are believed to be

involved in commercial sexual exploitation.

 Sixty-one per cent of child workers under fourteen (127 million) live in
the Asia Pacific area.

Pakistan

Bangladesh
India

Indonesia

Australia

Bangladesh

Almost a third of the country’s children are working to help their families

survive. The government estimates about 6.6 million are aged five to

fourteen.
 India

Between 75 and 115 million children under the age of fourteen are working.

And although all bonded labor and servitude was officially abolished in 1975,

at least 15 million children today are ‘bonded’ to pay back family loans.

Pakistan

There are 10 to 15 million child-workers, with at least 8 million of them under

the age of fifteen. Debt bondage enslaves 7 to 8 million children. Even

though bonded labor has been a punishable offense since 1992, no one has

ever been prosecuted for breaking the law.

Indonesia

Seven-hundred thousand under-age children are put to work as domestics.

Australia

70,000 children under sixteen work for the clothing industry up to 20 hours

or more a week alongside their immigrant parents. And average of 1600

children aged between twelve and sixteen are seriously injured, maimed or

killed each year in industry.

Domestic Laws:

1. 1987 Philippine Constitution

Article II, Section XIII recognizes the vital role of children and

youth in nation building, as well as the State’s responsibility to protect

the welfare and uphold rights of children and youth.

2. Presidential Decree 603

(Child and Youth Welfare Code)

Article 1 states that the child is one of the most important assets of the

nation, hence, every effort should be exerted to promote and protect his

opportunities for a useful and happy life.

3. Republic Act 7610

(Special Protection of Children Against Abuse, Exploitation and

Discrimination Act)

Section 2 states that it shall be the policy of the State to protect and

rehabilitate children gravely threatened or endangered by circumstances

which affect or will affect their survival and normal development and over

which they have no control.

 Article II Section 4 states that a comprehensive program shall be

formulated to protect children against child prostitution and other sexual

abuse; child trafficking, obscene publications and indecent shows; other

acts of abuse; and circumstances which endanger child survival and

normal development.

4. Under the Child Protection Act of 1992 and the Republic Act No. 7610,

however, children under 15 may be employed, provided that:

a. the employer secures a work permit from the Department of Labor

and Employment; the protection, health, and safety and morals of the

children can be ensured;

5. Under the Child Protection Act of 1992 and the Republic Act No. 7610,

however, children under 15 may be employed, provided that:

a. measures to prevent exploitation or discrimination in remuneration and

work schedules are instituted;

b. and a continuous program for training and skill acquisitions of the child

is formulated and implemented.

6. Labor Code

Republic Act No. 7658 (Act Prohibiting the Employment of Children

below 15 Years of Age in Public and Private Undertakings), 1993

International Laws:

1. U.N. Convention on the Rights of the Child

2. International Labor Organization (ILO) Convention No. 59

 Concerning Minimum Age for Admission to Employment in Industry

3. Memorandum of Understanding (MOU) with the International Labor

Organization's International Program for the Elimination of Child Labor

(IPEC) (June 22, 1994)

4. United Nations Children's Fund (UNICEF)

“The Breaking Ground for Community Action on Child Labor"

(abolishing exploitative child labor and protecting working children)

(July 1988 )

5. THE RIGHTS OF A CHILD UNDER THE UNITED NATIONS CONVENTIONS:

a. Everyone under 18 years of age has all the rights in this

Convention.

b. All children have the right to life. Governments should ensure

that children survive and develop healthily.

c. The Government should provide extra money for the children

of families in need.

d. Children have a right to a standard of living that is good

enough to meet their physical and mental needs. The

Government should help families who cannot afford to provide

this.

e. All children and young people have a right to a primary

education, which should be free. Wealthy countries should

help poorer countries achieve this. Discipline in schools should

respect children’s human dignity. Young people should be

 encouraged to reach the highest level of education they are

capable of.

f. . Education should develop each child's personality and

talents to the full. It should encourage children to respect

their parents, and their own and other cultures.

g. All children have a right to relax and play, and to join in a

wide range of activities.

h. The Government should protect children from work that is

dangerous, or might harm their health or their education.

i. Children should be protected from any activities that could

harm their development.

j. The Government should make the Convention known to

parents and children.

Recommendations:

1. Organize more community volunteers to help social workers in treating

and rehabilitating child laborers.

2. Giving a child laborer access to self-employment assistance, skills

training, leadership training, education assistance and legal service

assistance.

3. Parent undergo PARENT EFFECTIVENESS SESSIONS that help develop

the right attitude and necessary ability in dealing with their children.
4. Scholarship

a. Providing vocational training in a non-formal, non-grade set-up.

b. Granting school assistance such as school supplies and

scholarships to students.

5. Special allotment of funds on socio-economic and political issues

involving children; cooperatives.

6. Provides health and livelihood assistance to parents so they not send

their children to labor.

7. Coordination of effort by all agencies and organizations serving

children at risk for exploitation.