North South University

Law 200

Section: 03

Semester: Summer 20

Report on: Rights of Child Labors in Bangladesh: A Study on the basis of Domestic

Laws and International Human Rights Instrument

Submitted To:

Anika Rafah

Lecturer, Department of Law

Submitted By:

Name ID
Rahat Hasan 1620610030
Fabiha Haque 1711990630
Nashfin Nawar 1721842630
Raisa Musharrat Hossain 1931471030

Submission Date: 20th September, 2020

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Letter of Transmittal

September 20, 2020

To
Anika Rafah
Lecturer, LAW200
Department of Law
North South University

Subject: Submission of the Group Project Report

Dear Miss.

With due respect, we would like to inform you that it is a great pleasure for us to submit the Law
200 report on “Rights of child labors in Bangladesh: A study on the basis of domestic laws and
international human rights instruments”. The purpose of the report is to inform you about the
causes of child labor, rights of children , domestic and international laws regarding this and the
policies that can be implemented.

We believe that this report will meet your approval. We would genuinely appreciate and be keen
enough to make further corrections where you think it is necessary. Your kind advice will
encourage us to do further research in future.
Sincerely yours,

Rahat Hasan 1620610030

Fabiha Haque 1711990630

Nashfin Nawar 1721842630

Raisa Musharrat Hossain 1931471030

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Contents

Introduction ........................................................................................................................................ 4
What is Child Labor? ............................................................................................................................ 4
Child labor situation in Bangladesh ...................................................................................................... 4
The causes of child labor...................................................................................................................... 5
Rights of children................................................................................................................................. 5
Violence of Child Rights in Bangladesh ................................................................................................. 6
Domestic laws and regulations ............................................................................................................ 6
International treaties and agreements ................................................................................................. 7
Producer Country Laws ........................................................................................................................ 8
Recommendations............................................................................................................................. 10
Suggestion for eliminating or decreasing child labor .......................................................................... 10
Conclusion ......................................................................................................................................... 10
References ........................................................................................................................................ 11

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Introduction
Bangladesh has become a role model for many developing countries because of its socio-
economic development strategy. The children of today will one day act as a driving force for a
development of our nation. After the independence of Bangladesh the children act of 1974 was
enacted imbued with the spirit of liberation war which paved the way in formulating national
children policy 1994. Bangladesh Has also Become a member of many international
organizations such as United Nations Convention on The Rights of The Child (UNCRC) and
International Labor Organization (ILO). But it is a matter of sorrow that a large portion of
children are engaging in dangerous works. This situation is very unsatisfactory for a nation like
Bangladesh.

For Government, Non-government organizations and for the civil society it has become difficult
task to fix this child labor situation towards positive directions. It can be seen that the existing
laws and regulations are not being implemented properly. Though ILO has been working to
eliminate child labor in Bangladesh since 1999 . Different public and private academies are
trying to implement laws and regulations through relevant programs and activities. In 2018,
Bangladesh made a moderate advancement in effort to eliminate the worst forms of child labor.

What is Child Labor?

The term ‘Child Labor’ means engagement of children in any work that takes away all or most of
their rights as children. For example- Education facilities, mental health development, recreation
etc. According to UNICEF, “Child labor is work that is likely to interfere with child’s education
and development. Labor that exceeds a minimum number of hours, labor that are hazardous and
labor performed by a child who is underage according to state legislation” . Child can be seen in
most of the countries. Finding the exact number has become a huge difficult task.

Child labor situation in Bangladesh

In our country most of the times when children are supposed to go to schools, many have to
work for family. Children can be often seen to work on hotels-restaurants, workshops, on street
selling newspapers and flowers, begging, load carrying, selling cigarettes, working on
constructions and many more. They are getting deprived from all kinds of facilities. Another
dark side of the story is that they are often trafficked where they get involved into crimes and

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drugs. Because of this reasons they are mal-nourished, ruthless and sick. They often work and
live in an unhealthy environment.

The causes of child labor

The major cause of child labor in our country is poverty and unstable economic condition. Most
of the families fail to send their children to school because of lacking of money and food. Parents
consider their children to assist them by involving in job rather than going to school. More over
unemployment, scarcity of resources, natural calamities like river erosion, floods, earthquakes
drive children towards greater risks.

Rights of children
Children have basic rights for education, mental and physical health, nutrition, protection and
healthy environment. But it is violated in our country because of poverty, illiteracy,
discrimination. The rights that should be ensured are given below-

 Rights of Food
Children have the right to get proper food and nutrition. The Food and Agricultural
Organization (FAO) expressed that different natural disaster and political condition have
increased the number of poor people by 7 million. Though food price have decreased but
the children could not get proper food and suffer form malnutrition
 Rights of Nutrition
A healthy child can perform better in all activities like performing better at school,
growing up as a healthy adult, and build up good nature. In urban areas children are more
nourished than that of rural areas. Children in rural areas are more likely to fall victim of
diseases, weight loose, risk of mortality. Though the vitamin A supplementation for
children at early age is a success story in Bangladesh . That prevents children from night
blindness
 Rights of Education
Bangladesh in continuously progressing in increasing primary enrollment for children .
This process doubled from 1985 to 2005. The statistics show that enrollment have
increased from 70% to 80% from 2000 to 2005. Although the enrollment is increasing the
dropout rate is also common in our country. Many children dropout from school after

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 class 5 and some after class 8. Some dropout from school because they cannot get
expected result .

Violence of Child Rights in Bangladesh

Violation of children’s rights has become a very common matter in our country. Official data
provide very little information on the nature of violation of child rights and what kinds of abuse
they face. Though the Government law say ‘yes’ to their rights, reality proves otherwise. Many
of them are victim of physical, verbal, humiliating forms of abuse. It can be seen in the civil
society too.

Domestic laws and regulations

To face the challenges against child labor and to ensure child rights , our nation has implemented
some laws and policies over time. some policies are still present to date and some were needed to
made change. These laws highlight the priorities that should be given to protect the children.
These laws and policies are described below-

 Bangladesh labor act 2006

The labor act of 2006 in our country is one of the remarkable legislation. This law
prohibits work for children. However, the act of 2006 does not provide a strong
enforcement mechanism for the child labor provisions. The vast majority of children
work in informal sector which makes enforcements of relevant legislation challenging.
 The Tea Plantation Ordinance, 1962:
This law does not the appropriate rule or definition of a child. It explains that the age of
15 to 17 years may be permitted to work in tea plantations providing that they have the
proper documents. But they are not allowed to work other than between 6 am and 7 pm.
It also contains provisions for violation of this act.
 National child labor elimination policy 2010
Based on this law, work performed by a child will be considered as child labor. But
‘Child Labor’ term should not be used. Rather it may be termed as child engaged in labor.
It creates a standard framework for education, work, health etc.
 The children (pledging of labor) act, 1933

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 Under this law, a person under the age of 15 is considered as a child. But this law is very
much complex with regard to children who are employed without agreements. This law
also prohibits parents or others from compelling children to work.
 Shops and establishment act 1965
This law defines shops or establishments to the place that has more than five people. It
implements 12 to 18 year olds to work and under 12 is completely prohibited. It also has
limitation up to seven hours. It deals with salary, wages, working hours, workers etc.
 The Mines Act, 1923:
This act talks about the employment of children who are working in a mine or
underground level. But a person of 17 or above may get the permission to be employed
and should be granted a certificate of fitness. Also they should not work for 12
consecutive hours.

International treaties and agreements

In order to protect children and their rights and eradicating of child labor, some international
policies and laws are adopted. These treaties and agreements are being implemented in most of
the countries to save a child’s future. The followings are given below-

 The Universal Declaration of Human rights (UDHR)

In 1984, the United Nations adopted this law in general assembly, it is a very important
documents which highlights laws and regulations regarding human rights and rights of
children. It is being implements in most of the countries like India, Pakistan, Nepal,
Bangladesh, Bhutan and many more.
 UN Convention on the Rights of the Child (CRC), September 1990:
This is a very valuable law of human rights that protects and defends the rights of
children all over the world. This convention defines child who are under 18. It works to
establish proper justification systems without any hesitations. They are to be protected
from economic exploitation that are harmful for them. Every child has right to have
freedom, right to play and recreation under article 31.
 International programs on the elimination of child labor (IPEC)

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 It was implements in 1992 in order to eliminate child labor and promote worldwide
movement. The priority target for IPEC’s action is to fight against child labor, which are
defined in convention no.182
 Minimum age convention, 1973 (c138)
This convention sets the general age of employment or work at 15 years and for
hazardous work is 18 years and minimum age at 14 where economy and social facilities
are insufficient.
 ILO worst forms convention 1999 (c182)
This convention applies for those who are under the age of 18. This calls for appropriate
measures to eliminate all kinds of child labor. Such as-
o Slavery and forced labor
o Child prostitution
o Illicit activities
o Hazardous work
o Drug production
 Time Bound Program:
This program has been established by IPEC in order to fulfill the obligations of ILO. To
remove the worst forms of child labor, provide necessary assistance. They can have
vocational training and express their opinions. It also take control the situation of girls.

Producer Country Laws

Each producer country has adopted some of their own created laws and regulations that help in
prohibiting child labor and establishing children rights. These producer country laws are
mentioned below-

AFGHANISTAN

Afghanistan made constitution and code to provide protection of all the children under the basic
rights, includes education and prohibition of child labor

Laws include:

 Afghanistan’s Penal Code, 1976

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  Civil Law of the Republic of Afghanistan, 1977

 Afghanistan’s Labor Code, 1999

 Afghanistan’s Juvenile Code, 2005

INDIA

In India the laws provide protection for children under various rights and provision of children
for free education and prohibition of human trafficking

Laws include:

 The Indian Penal Code, 1860

 The Bonded Labor System (Abolition) Act, 1976

 Child Labor (Prohibition and Regulation) Act, 1986

 Juvenile Justice (Care and Protection) Act, 2000

NEPAL

Nepal’s constitution ensures the principle of equity and justice to every citizen without any
discrimination. It fights to safeguard the human basic rights and privileges of all kinds.

Laws include:

 Indo Nepal Friendship Treaty, 1950

 Muluki Ain (General Code), 1963

 The Children’s Act, 1992

 The Child Labor (Prohibition and Regulation) Act, 2000

 The Bonded Labor Prohibition Act, 2002

 The Human Trafficking Control Act, 2007

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Recommendations
 Policies should have strong implementation so that children don’t have to have to work
and to those who are working can be identified.
 Primary school attendance must be made mandatory and supplies for education should be
made free.
 At the consumer level , we should boycott the products produced by child labor.
Campaigns should be made in order to eliminate these kinds of labor practices.
 Healthy food supplies should be delivered properly in the rural areas
 Birth registration of all children must be ensured
 Ensure that the affected children resume their study in schools.
 Psychological training to teachers.
 Not engage the children in child labor.
 UNICEF is working with Social Welfare ministry and other NGO’s to undertake child
protection system. It also works in development of these policies which includes child
labor.
 UNICEF support drop in centers provide children at risk with various psychosocial
services such as referrals to legal aid, support for family reintegration and shelter.

Suggestion for eliminating or decreasing child labor

To reduce child labor is a challenging task. It needs support from all tiers of society, financial
support, political assistance and many more. To reduce this problem attempts should be made
from primary stage. As mentioned earlier , poverty is one of the major problem. It drives
children to work in many hazardous work, fight for employment. This is why effective solutions
of child labor must be based on reduction and remove poverty through economic and social
development. Besides, budget provided for education system are not being used properly because
of corruption. Legislation regarding child rights are adequate but improper implementation of
these laws has become the main obstacle

Conclusion
Children are the future of our nation. But for some reasons like unstable economic conditions,
social insecurity and poverty child labor and child abuse have become common problems. Many
of the parents are not aware of child rights. The Constitution of Bangladesh and the Children’s

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act of 1974 ensures some basic rights for children. These rights are the guidelines and policy for
their development. The Government and private organizations are also working to create
awareness programs to ensure children rights. Also timely taken steps can also bring positive
outcomes. Non-Government Organizations (NGO) have taken various steps such as free
education, nutrition, identity. The government has taken major step to educate girls to empower
themselves in the society.

References
 Child Labor in Bangladesh (ILO in Bangladesh). (n.d.). Retrieved September 19, 2020, from
https://www.ilo.org/dhaka/Areasofwork/child-labour/lang--en/index.htm
 Laws & Resources. (n.d.). Retrieved September 19, 2020, from https://goodweave.org/the-
issue/laws/
 Zeldin, W. (2012, April 01). Children's Rights: International Laws. Retrieved September 19, 2020,
from https://www.loc.gov/law/help/child-rights/international-law.php
 International treaties and agreements. (2015, June 08). Retrieved September 19, 2020, from
https://stopchildlabour.org/international-treaties-and-agreements/
 Children of Bangladesh. (2019, April 03). Retrieved September 19, 2020, from
https://www.humanium.org/en/bangladesh/

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