Cover Image
close this bookAction Against Child Labour (ILO, 2000, 356 p.)
close this folder2. Towards improved legislation
View the document(introduction...)
View the documentINTRODUCTION
View the document2.1 LEGISLATION AND THE FIGHT AGAINST CHILD LABOUR
View the document2.2 SOURCES OF LAW ON CHILD LABOUR
Open this folder and view contents2.3 INTERNATIONAL LABOUR STANDARDS AND NATIONAL LEGISLATION
View the document2.4 NEW INTERNATIONAL LABOUR STANDARDS ON THE WORST FORMS OF CHILD LABOUR
View the document2.5 OTHER INTERNATIONAL TREATIES
View the document2.6 INITIATIVES TO IMPROVE CHILD LABOUR LEGISLATION
View the document2.7 LESSONS LEARNED
View the documentChecklist 2.1 General principles
View the documentChecklist 2.2 Improving national legislation
View the documentChecklist 2.3 Legislation on bonded labour
View the documentChecklist 2.4 Involving employers' and workers' organizations, and others
View the documentAppendix 2.1 ILO Conventions on child labour and forced labour (as at 31 July 1999)
View the documentAppendix 2.2 Minimum ages in ILO Conventions
View the documentAppendix 2.3 Ratification of ILO Conventions on child labour and forced labour (as at 31 August 1999)
View the documentAppendix 2.4 Chart of ratifications of ILO Conventions on child labour and forced labour by country (as at 31 August 1999:
View the documentAppendix 2.5 Excerpts from selected ILO standards on child labour

2.2 SOURCES OF LAW ON CHILD LABOUR

The Constitutions of many countries have provisions on the protection of children, or more specifically on child labour and bonded labour.

Legislative provisions on child labour - those which set minimum ages, prohibit certain types of work and regulate conditions of work - may be found in a special section of the general labour code, in separate Acts, or in various laws on contracts of employment, conditions of work (hours of work, days of rest, night work, vacations), safety and health, social security, and so forth. Civil codes can also contain generally applicable principles.

Separate provisions may also cover the apprenticeship, training and vocational education of young people. Not to be overlooked are laws which affect child labour indirectly, such as compulsory education laws. Some laws specifically link the age of work with the age of completing school. Some countries, particularly as a result of the ratification of the United Nations Convention on the Rights of the Child, are taking the approach of adopting comprehensive child protection laws which consolidate a wide range of provisions to protect children, including those on child labour.

Criminal law is also relevant, especially concerning the commercial sexual exploitation of children and the sale and trafficking of children. Some countries have enacted specific statutes on bonded labour, child prostitution, child pornography and the sale and trafficking of children.