RESEARCH PAPER

ON

CHILD RIGHTS IN INDIA

& USA

SUBMITTED TO: SUBMITTED BY:

DR. UJWALA BENDALE ANUBHUTEE

B.A.L.L.B, SEM II
C-27
 ABSTRACT
A critical analysis into the subjective perception that child wage lab our violates
thehuman rights of the child labourer. The realisation that a lot of today’s African
affluentsare graduates of the inherent ‘placement’ system where they had
provided variousservices in exchange for education or apprenticeship, give
reasons to question therationale behind the West’s indiscriminate dogma of
‘righting’ children.

INTRODUCTION
The equal right theory behind the United Nations ‘Universal’ Declaration of Human Rights
(UNDHR) 1948 posits that, “all human beings are born free and equal in dignity and rights.”
In theory, this generally, and therefore the International Labour
Organization ILO Convention on Rights of Child (CRC) 1989 and
its later protocols especially square measure alleged to “protect and safeguard the welfare of
all children as equal human beings. However, in today’s world of labor, the social quality of
this Western derived construct of Human rights and therefore the similar lack of singularity
in process child have considerably strained tries to consensually qualify child wage labour as
violating human rights or otherwise. This is often as a result of despite the spatial relation of
‘universality ’ within the Western construct of human rights, non-Western cultures or
‘relativists’ diode by Singapore, strongly opposed the imperialist tendency of the West to
indiscriminately obligatory their autochthonic cultural dogmas globally in complete disregard
of the sovereignty of non-Western cultural values and ethics. Primarily, this
discourse can use the theories of religious doctrine and philosophical doctrine to indicate
however cultural divergence (social construction) has created any tries to attain accord in
qualifying child wage labour as implicitly breaching the employee’s human
rights, complicated and problematic. To ensure that this analysis is known from a unitary
perspective I regard it necessary to outline those socially created terminologies that square
measure central to my discussion. For the aim of this discussion, the Minimum Age
Convention of the International Labor Organization (Convention 138) defines child labour as
“economic activity performed by a person under the age of fifteen, and prohibited for
being hazardous to the physical, mental, and moral well-being of the child as well as for
preventing effective schooling.” Zehra (2002, p. 173). The convention goes more to qualify
labour as; "not restricted to figure for gain however includes ch`ores
or manage activities within the ménage of the child's care-giver, where such work
falls among the definition of child labour”. Qualifying child labour as waged implies
that reciprocally for his or her services, child labourers square measure rewarded in money or
kind though this ‘wage’ is explicatory.
 BACKGROUND
In today’s capitalist society wherever profit instead of philosopher virtues underpin
governance, longitudinal studies by the child-poverty-specific Joseph Rowntree Foundation
directly understand impoverishment because the principal issue pushing children and their
families into child wage labour. Conventionally, as equally righted groups of people, the
Western construct of human rights, its protocols and
conventions obtain to wrongfully “protect children from labour that is likely to be unsafe to
or probably to be harmful to the child's physical, mental, spiritual, ethical health or hinders
the child’s education and social development. Additionally to the international minimum age
and salary laws as set forth within the International Labour Organization’s article 138
(ILO138), different instruments obtain to shield children from “trafficking, getting used in
armed conflicts or being sexually exploited. In theory, the catholicity and ostensibly generous
nature of those Western instruments subjectively suggests a philosopher ethics or virtuous
motivation to their enactment or is
it? Whereas ethical ethics perhaps accord catholicity to consumptive child labour,
opinions area unit extremely polarized on the lawfulness of victimization Western
derived ideas to evaluate alien cultural norms as rights violations. Indeed, relativist of the
Singaporean college would rather argue for a context-based approach wherever sovereign
cultures don't seem to be subjection to a contemporary day cultural imperialism by Western
autocrats World Health Organization area unit oblivious and rather indiscriminately ignore
cultures alien to theirs. As such, to the relativist as opposition the theological
doctrine victimization Western norms as standardize bench marks to
indiscriminately decide international child wage labour as rights
violation appear not solely wrongfully inadmissible and arrogant; ethically, it infringes
that philosopher or Aristotelian respect that ought to be inherent to, and between groups of
people. Indeed, today’s capitalist society wherever its looks that there's one law for
the wealthy and one for the poor, it's inexplicable that the terribly Western greed-driven
employers or class World Health Organization area unit accountable for enacting
relevant questionable human rights legislation and World Health Organization blatantly and
nonchalantly exploit their hands, will hypocritically purpose inculpate fingers at alien
substituent cultures World Health Organization interact kids in child wage labour out of the
desperate want for survival. at intervals the context wherever most of today’s African
affluent area unit graduate of a conventional placement system typified by labour that
might be judged as rights violations by Western standards, the inevitable question is “of what
use is human rights to a child and his or her family if these righted persons cannot survive the
cruel realities of the subsistence environment? in and of itself, once one
talks regarding human rights violation, such subjective generalization fails to
interrogate; World Health Organizations laws? By who, for whom and why? This, in a
very shell is that the essence of this discourse.
THE UNIVERSALISM VERSUS RELATIVISM THEORIES IN
HUMAN RIGHTS VIOLATION

In a culturally utopian world, theological doctrine theorists and proponents would encourage
and applaud the indiscriminate international relevancy of Human Rights and expect them to
be discretionary applicable to any or all people at large, as well as child wage labourers.
However, to simply accept this Western human rights construct of theological doctrine to
determine child wage labour as rights violations blatantly presumes a world uniformity in
cultures and other people if not cultural imperialism. Now let Pine Tree State transpose
the universalistic Western notion of human rights to the African context of child wage
labour wherever, children at intervals the tough subsistence economies need to labour for
long hours (harvesting maize, millet etc.) as a way of survival for themselves and also
the cluster or kindred as a full. Though the dogma for wage labour exchange might
not be money, at intervals this rudimentary economy, child labourers don't seem to
be exposed to venturous or unhealthful chemical, bereft of typical rest; sexually or showing
emotion abused compared to the lifetime of children in Western derived plantations, mines or
industrial sectors. Presuming that the Western conception of human rights was given
universal credence, then the UNDHR, International Labour Organization Convention 182
(ILO182) on the Worst variety of child Labour and International Labour Organization 138 on
minimum age can choose the rights of those children profaned. Indeed, by applying
articles twenty eight and thirty two of the Convention on the correct of the child (CRC28) and
CRC32) Westerners can judged the rights of subsistence child wage labour profaned by
virtue of missing out on schooling as distinct from education. Because the elders would raise,
“what use is schooling to a dead kid or a hungry belly with a certificate of the white man’s
human rights? My expertise and data of African cultures counsel that, instead of rights
violations, the family head, or employers see the contribution of the child’s labour as an
obligation or obligation whose omission are virtuously and ethically wrong. By typically
operating on their children property them do what they themselves do,
most aggregation family heads and employers can be argued to be
virtuously compliant with philosopher philosophy “to do onto others as you'd do onto
yourself.”
Thus, if doing the most effective sensible to one’s self is that the final check for virtue, then
applying identical to one’s child labour renders any case of rights
violation virtuously inadmissible . Golf stroke the African state of affairs of child wage
labour against the Western conception of human or children’s rights, the violation of the
rights of child wage labourers assumes the ambivalence of at the same time either violating or
being in compliance with the dominant ethical or legal ethics counting on context.
USING UNIVERSALISM TO IDENTIFY GLOBAL
INCIDENCE AND PREVALENCE OF CHILD WAGE
LABOUR RIGHTS VIOLATIONS
Basically, the argument that what constitutes rights violation ought to be determined by the
culture at intervals that it's happening is enlightened by the philosophical doctrine theory
as are developed in ensuing debates. For now, presuming that the universal perspective was
consensually the norm, then experiences and circumstance of
children operating particularly within the agricultural sector across the
planet can represent implicit cases of human rights violations by Western standards. This
assertion is based on the argument that these children are experiencing the worst variety
of child Labour as set forth in International Labour Organization 182; additionally to
being beneath age, under-paid and compelled to miss schooling as set forth in
article 26 UNDHR, article 28 of the CRC and of the International Labour Organization 138
on minimum age for labour.
At intervals this context, what's the extent and nature of the violation of the rights of child
wage labour within the agricultural sector? Researchers square measure accordant that
“majority of all child labour happens in developing countries, mostly in
agriculture however conjointly as well as domestic service, plant production and backstreet
workshops. Since exploitive child wage labour will no elevate the youngsters and their
families out of financial condition, “over twenty fifth children in geographic
region and eighteen in Asia stay cornered at intervals the cycle of financial
condition of that child labour is a component.
Figures by the International Labour Organization recommend that of the 250
million children engaged in exploitive child wage labour, “the immense majority- seventy %,
or some a hundred and seventy million-are operating in agriculture. whether or not within
the banana, palm or cocoa plantations in Federal Republic of Nigeria, Cameroon, Ivory
Coast; the cotton plantations in Asian nation and Egypt; the sugarcane plantations in San
Salvador or the fields in United States; reports by right Watch HRW (2002) states that “child
agricultural workers frequently work for long hours in scorching heat, haul heavy loads of
produce, are exposed to toxic pesticides, and suffer high rates of injury from sharp knives
and other dangerous tools” additional reports by HRW, (2004) assert that, “In
agriculture, children may participate in applying pesticides, operate motorized pumps that
saturate cotton plants with pesticides, work in freshly sprayed fields, even work
in fields while they are being sprayed” in violation of Article twenty four and thirty two of
the CRC that acknowledges the proper of all children to a high commonplace of health. In
addition, within the unprotected work setting particularly within the fields, “reports of
physical abuse, statutory offence and exploitation in breach of article thirty four of the CRC
and different types of mistreatment don't seem to be uncommon. Needless to emphasize that
these violations square measure going down at intervals production capitalist labour
environments.
Figure One: Minimum Age and Health hazard violation in agriculture

Although the tokenistic wages child agricultural workers earn could provide an impact of a
point of reward for his or her labour, by Western standards, their work wrongfully violates
their rights to health, education, and protection from work that is unsafe or exploitive. Figure
One, derived from figures by right Watch (2002) shows however, despite
the large variations amongst them, children wage labourers in Asian country, u. s., Egypt
and Republic of Ecuador face strikingly similar violations to their rights; like being utilized at
early ages to figure a median of twelve or additional hours each day. “Where
the catholicity and thought of equal rights for all appear to imbue the Western thought of
human rights with Kantian ethics in protective everybody, this perception is quickly dispelled
with the realization that “multinational companies like Coca-Cola, and Cadbury and their
governments can flip a blind eye to kid wage labour rights violations by claiming a
third party standing.” ILO, (1996, P. 4). Nonetheless directly or indirectly, they are to blame
for the catholicity and equal applications of human rights. However should child wage labour
be treated as rights violations supported Western norms? The relativist would argue
otherwise.

The philosophical theory perspective within the human rights violation in child wage labour.
As a social construct, relativists powerfully challenge and refute any decide to use the
Western derived thought of human rights to qualify and criminalize non-Western sovereign
cultures for violating the rights of child wage labourers. Cultural philosophical
theory theorists argue that “Western-derived human rights represent only one of the many
potential socio-cultural normative doctrines and, as a result, will solely be lawfully applied
to the actual cultural context during which they were developed. Zehra (2002,
p.16). Situated among the context of deciding whether or not child wage labour violates
human rights, the inevitable and logical question is ‘whose laws or morals square
measure getting used as bench marks to quality the treatment of those children? So Singapore
“openly opposed the thought of the Western derived human rights and defends her moral and
social positions in terms of Asian Values.” Zehra (2002, p.14).In Westernism or UNDHR, the
main focus on the individual just like the child wage manual laborer because
the elementary basis of society may be a western construction that stands in direct opposition
to the Asian Values that favour social harmony and price the entire on top of the individual.
The implication is that base on these values, actions by employers of
wage children that square measure perceived by the West as violations of individual human
rights is also seen otherwise by Singaporeans WHO represent the image of the relativist
theoretical views. if truth be told therefore me critiques argue that right abuse
or children exploitation “is solely behaviour individuals so label” Becker, (1963, P. 9) Similar
arguments are often applied to outcome of studies on children’s economic condition by the
Rowntree Foundation that perceives education because the final solution of economic
condition and thus the way of breaking the circle of social process that conspire to push
children into wage labour with the potential of their rights being profaned. Here UN
agency points to plantation labour, street vendors, hawkers
and child domestic worker as samples of child wage labour that forestall schooling and carry
a high risk of right violations in child wage labour. Similarly, in secured child wage labour as
in Asian country, the International Labour Organization states that “some children square
measure fully prevented from access to education thereby denying them a
future” International Labour Organization, (1996, p. . Relativists would question whether or
not education is that the sole route to a future. In deed moralist would question the
utilization of education to a child WHO is starving to death as a result of Western human
rights forbid he or she from partaking in labour that will guarantee his or
her terribly survival?

Needless to denote that thus far relativists see the West’s precepts of universal human rights
as nothing wanting cultural imperialism.Whereas ethical ethics can universally understand it
as virtuous to treat a baby on Kantian principles, the contradiction among our capitalist
society is that, the terribly entrepreneurs WHO swears and defend their human rights, square
measure a similar those that square measure greed-driven to use the labour of
vulnerable youngsters to maximize their profits. Once it involves right violation of
child wage labour convenience and therefore the unconditional interest of the controller of
power (employer) appear the deciding issue not the welfare of the individual
(child). however compared to youngsters growing up in Western societies imbued with
the alleged human rights, however well will youngsters in non-Western cultures WHO square
measure ‘respected’ instead of ‘righted’ fare? The African ancient placement system offers a
perfect atmosphere to undertake Associate in nursing objective comparison.

THE SUCCESS OF AFRICAN PLACEMENT SYSTEM AS JUSTIFICATION FOR THE

RELATIVIST ARGUMENT
My information of African cultures show that whereas the Western notion of human
rights square measure preponderantly accustomed choose however children square
measure treated at intervals the capitalist urban areas, at intervals the agricultural or
substituent harsh setting the legal norms of the West
is outmoded by autochthonic ethical ethics based mostly of ‘respect’. Though contrary to
Western norms African kids like their Indian peers square measure born and liberal into the
dogma of just about unquestionable obedience to their elders, this
domination doesn't necessary translate into exploitation, abuse or rights violations. In fact,
respect for the child based mostly of the autochthonic ethics has ensured that the welfare of
child is underneath stapled by philosopher ethics to treat children as one’s self. Though the
African philosophy to respect instead of right the child could conflict with Western norms,
its philosophical doctrine has ensured that even in wage labour the welfare of kids square
measure well protected and safeguarded. Associate in Nursing example} in
today’s continent wherever “thanks to the ravages of HIV/AIDS and also the impact of the
constant wars there's an rising culture of orphan kid carers, child square measure having to
interact in wage labour that might represent rights violation as set forth in ILO 182, ILO 138,
UNDHR article 24, 28, and 32. even so, because the sole alternatives to crime
or harlotry or at the worst starving to death, several kids have with success underneath
taken kid wage labour under harsh conditions and have graduated to become affluent people.
Moreover, not each incident of missing schooling or operating extended hours while
not rest ends up in a future denied. For instance, some virtuous employers World Health
Organization interact children in ostensibly right violation wage labour; may very well pay
them higher than the pay whereas they acquire very important life skills. Equally at
intervals the normal African ‘placement system, a toddler is also placed within the home of a
better-off
relative or acquaintance during which the child performs domestic work exchange for
education and coaching opportunities. whereas their experiences at intervals this
placement could wrongfully represent human rights violations by Western standards,
relativist can argue that several of today’s African affluent square measure graduates from
households wherever, as kids they laboured as domestics in exchange for education.
The argumentation here is that, while not such support network,
these children would are condemned to the circle of economic condition that drove
their people into belongings them into child wage labour within the initial place. At
intervals such context, it’s tough to justify the rigorous universalization and social control of
human rights as set forth in relevant Western legal instruments. As within the African
practices wherever kid wage labour has enabled several child wage labourers to achieve their
full potential, relativist can forthright create the question, what's the utilization of projected to
Western socially made Human rights solely to finish up in economic condition and with no
future?
In the African placement system wherever the motive for kid wage labour is directly or
indirectly the private welfare of that child or the collective survival of the cluster at
intervals a harsh subsistence economy, child wage labour is a finish in itself, not a
way to AN finish as typical within the Western capitalist exploitation of child wage labour
for profit.
CASE LAWS
(UNITED STATES )

Roper v. Simmons
Roper v. Simmons, 543 U.S. 551 (2005), was a landmark decision in which the
SupremeCourt of the United States held that it is unconstitutional to impose capital
punishment for crimes committed while under the age of 18. The 5-4 decision overruled the
Court's prior ruling upholding such sentences on offenders above or at the age of 16, in
Stanford v.Kentucky, 492 U.S. 361 (1989), overturning statutes in 25 states that had the
penalty set lower.

Background
In 1993 in Missouri, Christopher Simmons at the age of 17, concocted a plan to murder
Shirley Crook, and brought two younger friends, Charles Benjamin and John Tessmer, into
the plot. The plan was to commit burglary and murder by breaking and entering, tying up a
victim, and tossing the victim off a bridge. The three met in the middle of the night; however,
Tessmer dropped out of the plot. Simmons and Benjamin broke into Mrs. Crook's home,
bound her hands and covered her eyes. They drove her to a
state park and threw her off a bridge.
Once the case was brought to trial, the evidence was overwhelming. Simmons had confessed
to the murder, performed a videotaped reenactment at the crime scene, and there was
testimony from Tessmer against him that showed premeditation. (Simmons discussed the plot
in advance and later bragged about the crime). The jury returned a guilty verdict. Even
considering mitigating factors (no criminal history and his age), the jury recommended a
death sentence, which the trial court imposed.
Simmons moved for the trial court to set aside the conviction and sentence, citing, in part,
ineffective assistance of counsel. His age, and thus impulsiveness, along with a troubled
background, were brought up as issues that Simmons claimed should have been raised at the
sentencing phase. The trial court rejected the motion, and Simmons appealed.
The case worked its way up the court system, with the courts continuing to uphold the death
sentence. However, in light of a 2002 U.S. Supreme Court ruling, in Atkins v. Virginia,
536U.S. 304 (2002), that overturned the death penalty for the intellectually disabled,
Simmons filed a new petition for state post-conviction relief. The Supreme Court of Missouri
concluded that "a national consensus has developed against the execution of juvenile
offenders" and held that such punishment now violates the Eighth Amendment's prohibition
of cruel and unusual punishment. They sentenced Simmons to life imprisonment without
parole.
The State of Missouri appealed the decision to the U.S. Supreme Court, which agreed to hear
the case. (Donald P. Roper, the Superintendent of the correctional facility where Simmons
was held, was a party to the action because it was brought as a petition for a writ of
habeascorpus.)

(INDIA)

ROXANN SHARMA V/S ARUN SHARMA

CIVIL APPEAL No. 1966 OF 2015

In a remarkable judgment dealing with interim custody of child suffering in parent’s
matrimonial disputes, visitation rights and guardianship, a 2 judge bench of Supreme Court
laid down various propositions of law while awarding the interim custody till final disposal
by the trial court to the mother. The bench speaking through Justice Vikramjit Sen, lays down
very sharp observations and examines various definitions of a ‘guardian’, ‘visitation rights’
and tests the issue from the angle of provisions of Hindu Minority & Guardianship Act, 1956
and Guardian & Wards Act, 1890.In a custody battle between estranged parents, a minor
child, who has not completed five years of age, shall be allowed to remain with the mother,
the Supreme Court has ruled saying that in such cases child should not treated as a "chattel".
The court said that under Hindu Minority and Guardianship (HMG) Act, a father can be
guardian of the property of the minor child but not the guardian of his person if the child is
less than five years old.

The Court said that there can be no cavil that when a Court is confronted by conflicting
claims of custody there are no rights of the parents which have to be enforced; the child is not
a chattel or a ball that is bounced to and fro the parents. It is only the child's welfare which is
the focal point for consideration. Parliament rightly thinks that the custody of a child less than
five years of age should ordinarily be with the mother and this expectation can be deviated
from only for strong reasons.
The apex court quashed the order of Bombay high court which granted custody of a two-
year-old child to father on the ground that the Mother had not established her suitability to be
granted interim custody of the Infant.
The HMG Act postulates that the custody of an infant or a tender aged child should be given
to his/her mother unless the father discloses cogent reasons that are indicative of and presage
the livelihood of the welfare and interest of the child being undermined or jeopardized if the
custody is retained by the mother. Section 6(a) of the Act, therefore, preserves the right of the
father to be the guardian of the property of the minor child but not the guardian of his person
whilst the child is less than five years old. It carves out the exception of interim custody, in
contradistinction of guardianship, and then specifies that custody should be given to the
mother so long as the child is below five years in age. The court said that the Act placed the
onus on father to prove that it was not in the welfare of the infant child to be placed in the
custody of mother and HC order virtually nullifies the spirit of the enactment. The Act
immediately provides that the custody of a minor who has not completed the age of 5 years
shall ordinarily be with the mother. The use of the word 'ordinarily' cannot be over-
emphasized. It ordains a presumption, albeit a rebuttable one, in favour of the mother.

APPRAISAL
Preceding analysis has shown that, trying to determine human rights violations of child wage
labours primarily based only on the Western construct of universal ideals is
not solely disputable however could be a pretension that has many consequences. It
“mistakenly conflates the subjective western vision of what is sensible, with objective and
universal truth. It mechanically invitations opposition from relativist of the Singaporean
theoretical faculty World Health Organization see the universalization of Western human
rights as a law-breaking of Western cultural imperialism. So within the definition of a
child by the West, collectivist societies just like the Asians World Health Organization rather
emphasize the rights of society thereto of the individual accuse instruments like the
Convention of the correct of the kid (CRC)
of victimization “privileged associated idealized ideas of childhood as critical definition of
childhood supported native cultural constructs which will situate a child among an
impoverished context.” Zehra (2002, p.16). To consent to qualifying right violation
in child wage labour supported the standard papers; blatantly presuppose a
worldwide unvaried cultural society. But as realism show that this utopian society
is however a dream, achieving accord on child wage labour as a breach of human
rights supported Western norms can continuously be rejected by those cultures
that presently deviate most from what the West has established and obligatory as
universally fascinating code of conduct. Indeed, if child labour was to be conjointly judged as
violations of human rights primarily based of Western criteria, then African, Asian and most
non-western collectivist societies would have to be compelled to be basically altered in
favour of the western model if the UNDHR were to be adopted in
their totality. whereas ethical ethics can universally understand it as virtuous to treat a
child wage working person on philosopher ethics, the contradiction among our capitalist
society is that, the terribly entrepreneurs World Health Organization swear and defend their
human rights, area unit identical those who are a unit greed-driven to use the labour of
vulnerable kids to maximize their profits. aside from the instance of the sure-fire use of
kid labour to push the welfare of kid wage labours among the African placement
system, alternative arguments abound to dismiss child labour as rights violations. among this
context, since most youngsters concerned in wage labour area unit from terribly poor
families and will really choose to interact in certificatory labour to get hold of their family
and/or their education, the ethical argument appear a lot of rational than the legal argument.
Moreover, some theorists justify child wage labour on the social reality that “the delegation
of dirty work to somebody else is common among humans; moreover as associate integral a
part of activity mobility” Hughes, (1964, p. 23-36).
Similarly, alternative proponents might argue that, aside from really being rewarded for the
work they do; constructive child wage labour will teach children life skills and has
health blessings. to boot, it might be argued that the terribly existence of wages within
the labour exchange between the child wage labourer(employee) and leader, in spite of the
degree of exploitation, confirms “the existence of some extent of mutual relationship,
negotiation and reciprocally even though it's not de jure compliant.” Esland and Salaman,
(1980, p. 303). What’s apparent in makes an attempt to qualify child wage labour
as right violation or otherwise is that, the child could be a passive client of
choices moving his or her life. Indeed, some analyst argue that some societies
justify child labour on the gender-discriminatory argument that, “Childhood failed to belong
to women” Firestone (1972, p. 81). wherever “membership, or access to
a brotherhood may have safeguarded the child wage working person or staff against
exploitation by providing higher operating condition, equal wages and autonomy” Hyman R.
(1971), the fact is that “such autonomy is doubly conditional in this it
operates among associate economic, technical and structure context which may be expected
to persist solely goodbye because the leader is ready to derive a suitable level of profits
through management.” Esland and Salaman, (1980, p. 318). among the
context wherever relevant legal instruments as well as United Nations agency thirty two on
minimum age area unit wont to establish rights violations, there is reason-enough to question
the rationality of this approach since each age and maturity area unit wont to outline a
baby. As an example, a well-built matured eleven years previous troubled to accomplish a
given labour within the plantation can receive less sympathy compared to
an apparently barely designed eighteen year adult. Once it involves right violation of
child wage labour, preceding analysis offers plausible reasons to counsel that
convenience and therefore the unconditional interest of the controller of power
(employer) each Universalists and relativists area unit the deciding issue not the welfare
of the child. What is your opinion?

CONCLUSION
The synthesis of preceding analysis suggests that as a result of the social quality of
the conception of human rights, implicitly deciding whether or not child wage labour violates
human rights is complicated and problematic. Whereas each the theological doctrine and
relativist views uphold and defend their perception of rights and ethical ethics, to
attain an agreement on any instance of child wage labour as violations of human rights the
West (universalist) ought to measure and perceive alternative cultures or societies (relativist)
on their own terms and values relative to non-Western values and beliefs. Intrinsically instead
of supported the greed-driven capitalist motives to maximize profit by exploiting a
budget and malleable kid wage labour, rights ought to be derived and applied
on philosopher ethics. The commonality in observe between each the theological doctrine and
relativist views in rights is that human right can never be absolute. in
addition, goodbye as laissez-faire economy is that the normative governance of society,
human rights can continuously be profaned in child wage labour with the
inherent drawback of deciding whose norms ought to be accustomed qualify it intrinsically or
otherwise.

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