The key international regulations governing the prohibition of child labour

The International Labour Organisation (ILO) provides the main characteristic that defines child labour that is the severity of working conditions. Putting the child in hazardous conditions in regards to ethical, physical and educational development with exploitation being the main element[1]. In international law, child labour prohibition falls under the categories of human rights[2] and labour law[3], regulated by treaties and conventions. The United Nations (UN) is the main architect of the existing legal framework.

In international labour law, prohibition of child labour is regulated by the ILO[4]. ILO aims to advance the rights of workers including the prohibition child labour. A governing body similar to the committee for the Convention on the Rights of the Child exists, which is examining the implementation of the conventions in the domestic legal systems of the ratifying member states[5]. Two conventions can be said to hold the basic authority on the prohibition which is Convention 138[6] and Convention 182[7].

However, there have been numerous criticisms sighting both shortcomings of the system and fundamental flaws. A common element of criticism for both the UN Convention[8] and ILO instruments[9] is that they are of voluntary nature. Critics claim that ILO has many shortcomings in regulating the signatory states and  enforcing the instruments. ILO has no real power in the enforcement of the instruments in contrast to other international treaties like the UN Nuclear Non-Proliferation Treaty. Further, opponents assert that the infringement reporting mechanism is unfair. Only member states, employers and employee associations can bring a claim of infringement. While the current system appears to have shortcomings many of those derive from the very nature of international law and its interaction with national sovereignty. The system is partly successful but in the complete eradication of child labour, a long way lies ahead.

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[1]'About child labour' (International Labour Organization)

 http://www.ilo.org/ipec/facts/lang--en/

[2] 'International Human Rights Law' (Office of the United Nations High Commissioner for Human Rights) http://www.ohchr.org/en/professionalinterest/Pages/InternationalLaw.aspx

[3]'Worst forms of child labour' (International Labour Organization) http://www.ilo.org/ipec/facts/WorstFormsofChildLabour/

[4] 'About the ILO' (International Labour Organization)

 http://www.ilo.org/global/About_the_ILO/lang--en/index.htm

[5]'About the GB' (International Labour Organization)

 http://www.ilo.org/gb/AboutGB/lang--en/index.htm

[6]Convention concerning Minimum Age for Admission to Employment (adopted 26 July 1973, entered into force 19 July 1976) C138 (International Labour Convention)

 http://www.ilo.org/ilolex/cgi-lex/convde.pl?C138

[7]ILO C182 Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (adopted 17 July 1999, entered into force 19 November 2000) C182 (International Labour Convention)  

[8]UNGA Res 44/25 Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) UNGA Res 44/25 

 http://www2.ohchr.org/english/law/crc.htm

[9] i.e. instruments containing international labour law regulations