LEGAL ESSAY: CHILD DOMESTIC WORKERS AS A CASE STUDY OF CHILD

ABUSE

English for lawyers

Ma’am Beenish Aslam
Submitted by: Malaika Ijaz

51-FSL/LLB5Y/S20

2021

INTERNATIONAL ISLAMIC UNIVERSITY ISLAMABAD

Table of Contents
Introduction ..................................................................................................................................... 2
Definition of “Child” And Minimum Age of Employment ........................................................ 2
Size and Characteristics of the Child Domestic Worker ............................................................. 3
Non-resident and Resident child domestic worker ..................................................................... 4
Right to Education ....................................................................................................................... 5
The Right to Health ..................................................................................................................... 5
The Right to Be Protected Against Exploitation ......................................................................... 5
A menu of legal laws, policies and interventions ........................................................................... 7
Challenges of Protecting the Rights of Child Domestic Workers ............................................... 8
Relevant International Provisions ............................................................................................... 8
Recommendations ........................................................................................................................... 9
Conclusion................................................................................................................................. 10
Introduction
Child domestic labour is one of the most widespread and exploitative forms of child work in the
world today, and is also one of the most difficult to tackle. Child domestic workers may be
especially prone to exploitation and abuse due to the invisibility and inaccessibility of the work
setting.
The issue of child domestic labour is very complex and problematic. Domestic child labourers are
among the most invisible child labourers. The number of children exploited in private households
is unknown because of the hidden nature of the work. Many of these children are girls and in many
countries domestic service is seen as the only employment option a girl might have. Children
exploited in domestic service are paid little or nothing, are malnourished, are very vulnerable to
further abuse and exploitation, and do not go to school. However, because child domestic workers
are employed within an informal family environment, they cannot be integrated as a professional
group within conventional working systems because such integration would presuppose an
acceptance of the idea of child domestic labour. At the same time, without legal initiatives, it is
difficult to combat child domestic labour. Furthermore, the terms, norms and standards to regulate
the employment of children are lacking because children work in a largely invisible domain outside
law and the public sphere and their domestic labour cannot be integrated under normal labour
laws.1
The term “domestic work” covers a wide
range of tasks and services that vary from
country to country and that can be different
depending on the age, gender, ethnic
background and migration status of the
workers concerned, as well as the cultural and
economic context in which they work. This
means that a definition of domestic work and
the workers involved on the basis only of the
tasks being performed risks being perpetually
incomplete.

Definition of “Child” And Minimum Age of Employment

A clear definition of a Child should be adopted with a view to compatibility with international
standards. A comprehensive definition of child domestic labour should cover work done both in a
third party’s house as well as in the family home. 15 The definition of child domestic labour can
also include trafficking or slavery or practices similar to slavery and may include hazards to health,

1 LEGISLATIVE REFORM ON CHILD DOMESTIC LABOUR: A GENDER ANALYSIS

safety or the morals of children, which constitutes worst form of child domestic labour.16 Child
domestic work is the most insidious form of work because it is mainly conducted outside the public
realm. The age of the child can be ascertained only if birth has been formally registered. This
brings to the forefront the critical importance of “birth registration” as a cross cutting issue. As
you include “birth registration” as important for the protection of children in domestic labour, it
may be worth inserting a few sentences on the link between birth registration and child protection
in general. – highlighting it as a cross-cutting issues.
Size and Characteristics of the Child Domestic Worker
According to an ILO (2004a) report, more than 2 million children are found in domestic labour in
South Africa, 559,000 in Brazil, 250,000 in Haiti, 200,000 in Kenya, 264,000 in Pakistan, 100,000
in Sri Lanka, 300,000 in Bangladesh, 62,000 under the age of 14 in Nepal, and 20% of all children
under the age of 14 in India.4According to a study conducted by NCCWD (2003a) in 6 major
cities in Pakistan, eight percent of total working children are engaged as domestic servants. Thus
this number is consistent with the ILO and UNICEF studies as FBS (1996) study estimated 3
million child workers in Pakistan. According to a survey report by Pervez (1994a) on child
domestic labour in Islamabad, the children engaged as domestic servants were pushed into this
activity by poverty. Most of them had rural background. Their family size comprised of 8 -12
members. Most of them were uneducated. Parents of all the children were illiterate. Strong gender
discrimination was evident, as mostly boys in the family were attending school, and girls were
working as domestic servants. Child domestic servants also complained about job insecurity and
harsh behavior of the employers. About 20% of the children were below average in health and
their appearance reflected the neglect and lack of love. The employers abused verbally and
physically many child workers, the former more frequently. They also suffered abuse at the hands
of employers’ children and their own parents.2

Non-resident and Resident child domestic worker

Given that many of the ‘push’ or supply factors faced by the child domestic workers, i.e., poverty,
risk mitigating behavior, caste and community background are commonly shared by its parent
group, i.e., child labour, a tentative hypothesis of supply correlates that may set it apart from its
parent group is presented here. The supply-side flexible working arrangements of child domestic
worker accompanying his/her parent can be characterized as follows:-
a) Effective working hours are only synchronized with that of the parent. b) As a coping
mechanism for temporary income shocks, the child domestic worker may be allowed by her parent
to work, ranging from few months to only few years. c) the ‘push’ environment within the
supplying household, i.e., drop-out from school, anti-social behavior of the child in absence of the
parent from the house, desire of parents to safeguard their ward from crime and drug prone
neighborhoods, or even an earnest desire of the child to finance his/her education at an early age
(again a function of poverty) may compel him/her to accompany parents on a part time basis, d)
poverty and poor health may motivate a physically weak child to accompany parent in the
expectation that at least the quality and quantity of left-over food available at the employers
household will improve the child’s health in return for light domestic work. Thus it reduces the
cost of raising the unhealthy child and, e) poor health of the parent thereby affecting its
productivity as domestic help and/or exploitative nature of the employer may compel the adult
domestic to supplement and share the work load through its accompanying child worker3
Some of the push factors for involving child workers in non-resident work identified in the above
section are equally relevant for resident work, e.g., desire to lower the cost of raising the child
(sick or otherwise) and/or sharing the work load of the parent, they may differ in the following
respects:- A) In this case it may be more a function of chronic poverty rather than temporary
income fluctuations of the supplier household. B) In some extreme cases, parents may sell the
value of the future work of the child as a substitute for credit. C) Many child domestic labourers
have been given by parents or guardians to another person to be looked after. This may also be
called fostering but in reality the child becomes an unpaid servant for the host family, a practice
also known as false adoption. Direct access to such children is the most difficult because they are
regarded as part of the employer’s family while being hideously exploited and ill-treated at the
same time.
Child domestic labourers are also subject to various kinds of abuses, i.e., verbal, physical and
sexual abuse or harassment. Being shouted at or being beaten is a common form of punishment

2 Ending child labour in domestic work and protecting young workers from abusive working conditions
3 CHILD DOMESTIC LABOUR IN PAKISTAN: OVERVIEW, ISSUES AND TESTABLE HYPOTHESIS
for working slowly or for doing a task badly or to be kept compliant for making mistakes. Girl
domestic labourers are at risk of sexual harassment and rape not only by the male members of
employer’s household but also by male visitors. Studies have shown that many child domestic
labourers are victims of physical and sexual abuse. Children may be abused or tortured, and not
only by the adult members11 of the family but by children in the family who see cruelty as a valid
relationship with ‘inferior’ members of the household, or by other domestic helpers trying to
impose a hierarchy even among those being exploited12 However it is a testable premise that
compared to resident child worker, the degree of exploitation, psychological costs and abuse to the
child is expected to be less as the child returns to his/her own home after 8-10 hours at the
workplace. If she/he accompanies her/his parent to the workplace, an implicit monitoring by the
parent may reduce the degree of all the above kinds of abuses. The degree of abuse is also a
function of the literacy level of the employer and as the literacy levels specially in urban areas
increase, it may come down towards the non-resident child domestic worker.
Right to Education
While not independently sufficient, education for children is the best medicine against child
domestic labour and child labour generally. The correlation between education and child labour is
most starkly shown by the fact that in Pakistan, a country with one of the highest population of
child workers, nearly six million children aged 5-9 remained out of school.29 The right to
education must be an integral part of the lawmaking initiative. Provisions on education must be
informed by the relevant international conventions. This right should be examined thoughtfully
and creatively to establish innovative non-discriminating laws and policies.
The Right to Health
A child’s access to health care should not be subordinated in the case of a child who works. Since
the right to health is affected in myriad ways when children are engaged in work in their own or
other people’s homes, the child who works needs special attention to his or her health.
The Right to Be Protected Against Exploitation
Trafficking, forced labour and slavery, sexual exploitation, involuntary servitude and prostitution
are all considered the worst forms of child labour. At the same time, the fact that few regulations
govern conditions of domestic work has resulted in exploitation and ultimately forced labour.
Child workers are on call all the time and are expected to be available at all times. In most
countries, very few regulations govern the world of domestic work. Even when regulations apply,
discriminatory laws exempting domestic workers from normal work hours may exist. Exceptions
to overtime and holiday pay also frequently apply to domestic workers. Domestic workers are
frequently exempted from the standard number of rest days available to other workers. In Haiti,
the minimum age for employment as it relates to child domestic workers is often lower that the
minimum age of employment in labour code. Poor work conditions and neglect often contribute
to the exploitation of the child worker both at home and in a third party’s home. Exploitative
working conditions include fetching water from streams and wells; chopping firewood; using
heavy or dangerous equipment, all of which pose a threat to the safety of the child.
A menu of legal laws, policies and interventions
In a manner similar to theoretical discussion, wherein the child domestic labour is subsumed in
child labour category, the legal framework in many countries including Pakistan, do not contain
separate specific laws for discouraging and regulating child domestic labour in the economy.
Although below mentioned legislations and action plans on child labour, do not include any clause
specifically on child domestic labour and they have often been excluded from the national
minimum age for work legislation, usually because of the difficulties in implementing, but the
reality is that the vast majority of children in domestic labour would find a place in one or more of
these categories, either because of the nature of the work they are required to perform, the treatment
they receive or the means by which they entered into the situation in which they find themselves.
It is important to understand the individual contexts in which domestic service occurs. The
Constitution of Pakistan 1973 prohibits employment of children of 14 years and younger in
factories, mines and other hazardous occupations. This provides a protection of children of
younger age to enter domestic service as well. The Employment of Children Act of 1991 and the
Bonded Labour System (Abolition) Act of 1992 aim to protect children from all forms of
exploitation including bondage. Implementation of such laws can also be effective in reducing the
debt bondage in domestic service. National Action Plan to Combat Child Labour emphasizes the
elimination of child labor in all sectors, eradication of worst form of child labor and ensuring
primary education18. This is a very useful strategy if its implementation can be strictly monitored
on a continuous basis.
In the framework of the Minimum Age Convention 138 and the Worst Forms of Child Labour
Convention 18219 the ILO recognizes three categories of child labour that must be abolished:
• All work done by children under the minimum legal age for that type of work, as defined by
national legislation in accordance with international standards
• Work that endangers the health, safety and morals of a child, either because of the nature of the
work or because of the conditions under which it is performed
• Unconditional worst forms of child labour, defined as slavery, trafficking, bonded labour, forced
recruitment into armed conflict, prostitution, pornography or illegal activities such as the sale and
trafficking of drugs.
Three conventions, Convention 138, the UN Convention on the Rights of the Child, and
Convention 182, form the basis for the protection of child domestic labour. The conditions set
forth in the three conventions are based on the effect of the work or activity on the child and the
child’s development. The work should not be hazardous or harmful to the child’s health or
physical, mental, moral, or social development. In addition, for children of primary-school age,
the work or activity should not interfere with the child’s education. Development planning for the
girl child is lagging behind due to ambiguity on the age definition of the girl child. The CRC
defines a child as one below 18 years, the Majority Act in Pakistan defines those below 18 as
minors but in laws dealing with child labour, anyone below the age of 15 is defined as a child.
Finally in some criminal matters (specifically sex-related crimes), females are defined as being
adult at puberty. The contradiction in definitions of adulthood under different laws denies the girl
child the rights available to a boy of the same age.
Challenges of Protecting the Rights of Child Domestic Workers
Articles 32 and 36 of the Convention on the Rights of the Child (CRC) United Nations Convention
on the Rights of the Child (1989) stipulate that children should be protected from work that is
dangerous or harmful to their health, education, welfare and development. Additionally, article 4
states that governments have a responsibility to take all available measures to make sure children’s
rights are respected, protected and fulfilled (UNICEF, 2009, pp. 79-80). More so, article 26 of the
United Nations Convention on the Rights of the Child (1989) stipulates that children have the right
to help from the government through social protection if they are poor or in need. In this regard,
the best interests of the child must be the primary concern in making policies, programmes, laws
or decisions that may affect children’s psychosocial needs and development. However, the results
of the current study revealed that the Zambian government and civil society organisations are faced
with challenges in their quest to protect children from child domestic work that is harmful to their
health, education, welfare, adequate standard of living, psychosocial wellbeing and development.
Financial support as well as skills training should be given to parents or guardians whose children
are engaged in domestic work so that they can be self-reliant and lead sustained livelihoods.
Relevant International Provisions
Although the CRC does not provide details as to the conditions and limitations of the hours of
child domestic labour, Article 32 places state parties under a duty to provide for appropriate hours
and conditions of work and to provide for penalties and sanctions when necessary. Article 32 (1)
enshrines a general provision of the right of the child to be protected from economic exploitation.
Under Article 32 (2)(c), if a state party has excluded a particular economic sector from outside the
scope of Convention No. 138, it will still be obliged to provide for penalties and other sanctions
for the economic exploitation under the CRC. Article 11 of the CEDAW guarantees the right to
equal remuneration, including benefits and to equal treatment in respect of work of equal value, as
well as equality of treatment in the evaluation of the quality of work. ILO Recommendation No.
146 Paragraph 12(1) recommends that the conditions under which those under the age of 18 are
employed should be supervised and maintained at a satisfactory standard.4

4 IMPACT OF CHILD DOMESTIC LABOUR ON CHILD POVERTY : A CASE STUDY OF LUSAKA CITY IN ZAMBIA Patrick
Chanda, M.Sc. University of Zambia,
 “For so long we have suffered in silence. We need to put an end to this exploitation
and abuse.” (Joyce, 17 years, female, child domestic worker, The Philippines)

Recommendations
1. Developing statistical visibility and further enhancing knowledge on child domestic work
2. Awareness-raising and advocacy: Challenging assumptions that child domestic workers are
“like one of the family”
3. Promoting the ratification and implementation of Convention No. 138 and Convention
No. 182 on child labour and Convention No. 189 concerning decent work for domestic
workers
4. Taking legislative and policy action to end child labour and to protect young workers in
domestic work
5. Paying attention to child migrants vulnerability to abusive working conditions in domestic
work
6. Formalizing the employment relationship in domestic work
7. Enhancing the role of the social partners and extending freedom of association and effective
recognition of the right to collective bargaining in domestic work
8. Providing support to child domestic workers against child labour and for decent youth
employment
9. Supporting the worldwide movement against child labour
10. Better together: joining forces to promote decent work for all
Conclusion
Continued poverty; illiteracy and ignorance of poor parents; increase in population; inadequate
family income; large families; indebtedness; absence of social security schemes; and lack of strict
enforcement of the provisions for compulsory education; migration from rural areas to urban areas;
the cheap costs of child domestic labour all contribute to child domestic labour. Further, families
plagued by dysfunction, abandonment, violence, alcohol, drug abuse can push children early into
work. Economic transition both in and outside the home can contribute to the rise in child domestic
labour. When adults are struck by life threatening diseases like HIV/AIDS children are forced to
carry the burden of extra household work and or go out to work. Poverty is both causative and
consequential to the problem of child domestic labour. Child workers can perpetuate poverty
because child domestic labourers, deprived of education or healthy physical development, are
likely to become adults with low earning capacity. Poverty is most often intertwined with gender
inequalities. Not only are women more vulnerable to poverty, but in families where males occupy
dominant roles, gender defined roles carry low expectations for girls and women.
In conclusion, gender inequality is the thread that intertwines most of the major causes of child
domestic work and drives more girls than boys to work as domestic workers. Discrimination
against children occurs not only when there is discrimination between children and adults but
between different groups of children. Children and families living in rural communities, and
especially girl children, may have less access to essential resources which may drive them into
domestic work. That is why an anti-discrimination perspective is critical to the examination of
child domestic labour.