Checklist 2.2 Improving national legislation

General considerations

Designate a national authority with considerable power and influence having the mandate and responsibility for the elimination of child labour.

Ratify relevant ILO Conventions, especially the Minimum Age Convention, 1973 (No. 138) and the Worst Forms of Child Labour Convention, 1999 (No. 182).

Consider the provisions of ILO Recommendation No. 146, and Recommendation No. 190 concerning the worst forms of child labour, to guide national policy.

Consider obligations under the United Nations Convention on the Rights of the Child.

Identify measures which contribute to a national policy to eliminate child labour.

Review all relevant legislation to identify insufficiencies, duplication or inconsistencies.

Harmonize laws affecting child labour, including those on education and health.

Consult with employers' and workers' organizations, particularly in circumstances provided for in Conventions Nos. 138 and 182.

Create statutory advisory committees with broad representation such as from employers' and workers' organizations, NGOs, child advocates, education and health professionals, safety experts, community and youth groups, and other concerned groups as appropriate.

Make the law known. Disseminate information widely in easily understood language. This could include information and education campaigns on the law and risks of child labour:

· for children, their parents and communities;
· for employers and potential employers;
· for professions who work with children, such as teachers; and
· for the public.

Post information on the law in places of work, schools and communities.

Adopt provisions in law which require periodic reports on child labour.

Coverage of the law

Extend the law to all areas where child labour occurs, including the agricultural sector, domestic service, the informal sector and family undertakings.

Work with enforcement authorities to identify ways to extend coverage and enforcement of the law to hard-to-reach areas.

Check whether child labour provisions are included in the provisions applicable only to persons working under employment contracts, thus excluding self-employment. Ensure that self-employed child workers are protected.

Set out intended exceptions clearly. If general authority is given to competent authorities to grant exceptions, provide specific guidelines or restrictions.

Ensure that, as a minimum, the sectors identified in Article 5 of Convention No. 138 are covered, and that all hazardous work is covered as provided in Convention No. 182.

Ensure that laws applicable to vocational education, training and apprenticeship programmes protect young persons from hazardous work and specify conditions in consultation with employers' and workers' organizations.

Minimum age

Set minimum ages for admission to employment or work in line with Convention No. 138. The minimum age should be:

· no less than the age of compulsory education;
· no less than 15, or 14 in developing countries;
· no less than 18 for hazardous work; and
· no less than 13 for light work, or 12 in developing countries.

Provide in law, regulation or by decision of the competent authority the types of employment or work to which the minimum age of 18 applies.

Provide procedures for reviewing and updating restrictions and prohibitions on hazardous work and activities.

Enforcement

Provide for effective enforcement, and monitoring measures and machinery.

Establish child labour units and provide for coordination among government agencies responsible for enforcing laws affecting child labour.

Specify those responsible for complying with the law.

Provide adequate penalties.

Provide for birth registration and other measures to facilitate the verification of ages.

Target hazardous activities and occupations.

Provide for lists or registers of young persons to be kept by employers.

Address measures for prevention, removal of children from hazardous and unauthorized work, and rehabilitation of victims of child labour.

Recognize links with the education system in child labour laws, for example concerning enforcement measures.

Conditions of work

Determine whether light work is specifically addressed and defined in legislation; designate which activities are allowed and the hours and conditions for such work.

Ensure that light work does not interfere with education and training.

Ensure that any exceptions from minimum age provisions for artistic performances require individual permits specifying hours and conditions of work and prior consultations with organizations of employers and workers.

Provide for measures to ensure that working conditions for those under age 18 are maintained at a satisfactory level and supervised closely.

Provide standards for and take measures to safeguard and supervise the conditions of young persons in vocational orientation and training schools or programmes.

Prohibit night work.

Provide for medical examinations.

Worst forms of child labour

Ratify Convention No. 182.

Consider the provisions of the Forced Labour Convention, 1930 (No. 29), and the United Nations Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery (1956).

Where necessary, improve the law prohibiting bonded labour, including the establishment of monitoring committees.

Check the laws applicable to child prostitution and pornography. Consider the necessity and desirability of improving enforcement and extending criminal jurisdiction to acts committed by citizens outside the country.