Teaching about Child Labor and International Human
Rights
by
Gregory E. Hamot and Elizabeth S. Jensen
April 2003
Children constitute part of the labor force in virtually every
country. An estimated 246 million people between the ages of
5 and 17 work in the agricultural, industrial, and craft sectors
worldwide. Approximately 180 million of these children work under the
worst forms of child labor as defined by the International Labor
Organization (2002). In spite of conventions and protocols
designed to eradicate the worst forms of child labor, international
human rights violations concerning children in the workplace
persist. This Digest defines child labor and its worst forms
within the context of international human rights, describes several
key protocols and conventions aimed at eliminating these worst forms,
proposes a rationale for teaching about certain issues in child labor,
and offers
parameters for choosing instructional strategies that teach about the
worst
forms of child labor.
CHILD LABOR AND ITS WORST FORMS
Not all economic activity performed by children is necessarily a "worst
form" of child labor. The International Labor Organization
(ILO) distinguishes between acceptable forms of work by children and
child labor that should be eradicated.
The ILO defines child labor as "all children under 15 years of age who
are
economically active excluding (i) those who are under five years old
and
(ii) those between 12 14 years old who spend less than 14 hours a week
on
their jobs, unless their activities or occupations are hazardous by
nature
or circumstance" (ILO 2002, 32).
Of course, any form of labor that endangers a child, denies a child's
right to an education, or exposes a child to illicit activities is
unacceptable. The unacceptable, worst forms of child labor
include work such as bonded labor, prostitution and pornography,
illicit activities, armed combat, and physically and mentally hazardous
labor. These worst forms manifest themselves in violations
of a nation's minimum age
laws; threats to a child's physical, mental, or emotional well being;
intolerable abuses such as child slavery, forced labor, or hazardous
working conditions; illicit activities such as drug and contraband
trafficking or debt bondage; and work that prevents a child from going
to school.
PROTOCOLS AND CONVENTIONS
In 1973, the ILO adopted Convention 138, commonly known as the Minimum
Age Convention, which sought to regulate the minimum acceptable age for
different categories of work ranging from light work to work that is
hazardous
to a child's growth and development. In most cases, 15 is
the
minimum acceptable age, but in some underdeveloped countries age 14 is
allowable (ILO 1973).
For years after Convention 138 was adopted, scholars and activists
debated its effectiveness to progressively eliminate child labor and
began working toward a more effective solution. Eventually,
the ILO adopted
a new convention. ILO Convention 182 on the Worst Forms of
Child Labor, unanimously adopted by ILO member countries in June 1999,
was aimed at the
immediate elimination of intolerable forms of child labor (ILO 1999).
Convention 182 has focused the attention of the ILO, various national
governments,
and civil society organizations' resources on working toward
eliminating
child labor.
The United Nations also adopted the Convention on the Rights of the
Child (CRC) in 1989. The CRC is the most widely ratified
convention
in the history of the United Nations. Two specific protocols
related to the CRC that deal with the worst forms of child labor were
also adopted one dealing with prostitution and pornography
and the other addressing the
issue of children in armed combat situations (United Nations
1989).
These conventions and protocols are only a handful of the international
human rights instruments that are relevant to child labor. In addition,
Articles 23 and 26 of the United Nations Universal Declaration of Human
Rights seek to guarantee "just and favorable conditions of work" and
the "right to education," both of which are violated constantly and
globally through the exercise
of the worst forms of child labor (United Nations 1948).
Despite the widespread adoption of these international conventions,
declarations, and protocols, child labor continues in our global
society. Given the nexus between international human rights and the
worst forms of child labor, students need to know and understand the
international laws and conventions that
protect them and other students around the world from unfair, harmful,
and
cruel child labor practices. As citizens of the twenty first
century,
students should be prepared to recognize and evaluate the conditions
and
situations under which approximately 180 million of their peers work
and
live each day.
The ultimate goal of such learning experiences is for students to
become motivated to act on behalf of all the children of the world in
abolishing the violations of human rights found in the damaging and
harmful practices associated with child labor. Failure to
abolish child labor in general, in particular its "worst forms," has
led to the suggestion that
the issue of child labor is not simply an issue of worker rights or
child
rights, but an issue of basic human rights which apply to all human
beings.
Thus, any curriculum that addresses human rights as a national or
international imperative would include child labor as a pertinent
topic.
Levels of income, forms of democratic constitutionalism, and cultural
regard for education are all determinants in the plight of children in
the workforce. Data show that in places where working
parents are able to improve working conditions and establish acceptable
labor standards (such as adequate salaries), children are much less
likely to have to work and,
therefore, are much less likely to become victims of harmful labor
practices that deny them the essentials of education that underpin a
democratic society (Swinnerton and Willcutts 2000, 17).
CHOOSING INSTRUCTIONAL STRATEGIES
Felisa Tibbitts developed three models for teaching about human rights
that emerged from her research in several countries (2002). By their
nature,
these models also apply to teaching about child labor as an aspect of
human
rights. Each of the models-the values and awareness model,
the
accountability model, and the transformational model- is tailored to a
different
teaching style and approach. Regarding the knowledge
component
of a curriculum that teaches about child labor, The
University of Iowa Center for Human Rights (UICHR), through a contract
with the United States Department of Labor, is compiling the largest
database
on child labor laws and statistics in the world. As part of
this
contract, the UICHR began developing pre-collegiate curricular models
that
emphasize the following knowledge and skills objectives for learning
about
child labor that should be included in any course or set of
instructional materials that deal with this human rights topic on an
international scale. They recommend that students studying
child labor, especially its worst forms, should be able to:
(1) recognize and understand international laws, protocols
and conventions enacted to abolish or ameliorate harmful child labor
practices around the world, as set forth particularly in ILO
Conventions 138 and 182, the United Nations Convention on the Rights of
the Child, and the United
Nations Universal Declaration of Human Rights;
2) understand reasons for the failure of many of these laws
and conventions;
3) become knowledgeable about all forms and practices of child labor,
particularly those identified as the "worst forms"; understand the
context and/or culture in which child labor is often used or practiced;
and
(4) develop ideas and commit to action and activities that will
significantly aid in the eradication of child labor everywhere.
Essentially, Tibbitts and the UICHR offer criteria for developing and
making decisions about instructional materials that offer students and
teachers
a well-considered approach to learning about child labor, a topic in
international human rights that is as delicate as it is important for
the advancement
of the rights of children everywhere.
INTERNET RESOURCES
The following Web sites contain resources and information on teaching
human rights and child labor:
* Children's Rights Information Network. This
site includes resources, events, news, and links related to child labor
as well as
information on themes within child labor: <
www.crin.org>.
* The International Labor Organization. The text
of both the ILO Convention 138 and Convention 182 and ratification
information as well as statistics and definitions of child labor and
hazardous child
labor are all provided on this site: <www.ilo.org>.
* Free the Children. Craig Kielburger's Web site
is based on his remarkable quest for the elimination of the worst forms
of child labor. The Web site includes school kits, resources, books,
and
primary sources: <www.freethechildren.org>.
* Rethinking Schools Online. This site includes
articles, lesson plans, and material to use when teaching human rights
and child labor issues: <www.rethinkingschools.org>.
* UNICEF www.unicef.org is a key promoter of children's
rights. This specific UNICEF site includes classroom activities,
resources, and
links to other Web sites:
<www.unicef.ca/eng/unicef/sch_election/main.html>.
* United Nations. This Web site is dedicated
exclusively to resources for teaching human
rights: <www.un.org/Pubs/k12/educate.htm>.
Gregory E. Hamot is an Associate Professor of Education at the
University of Iowa, where he is also the Coordinator for International
Students and
Programs. Elizabeth S. Jensen is a Graduate Research Associate in
Social
Studies Education and Administrative Associate for International
Programs
at the University of Iowa College of Education.