Internasionale perspektiewe op kinderarbeid : enkele lesse vir Suid-Afrika

Abstract

This study demonstrates the blatant and persistent violation of children's rights within the labour market, including their neglect, abuse and exploitation. The absence of schooling, supportive services and the increase in poverty threatens the well-being of children. The right of children to be protected from exploitative labour practices that are age inappropriate and detrimental to the child's wellbeing, education, physical, mental, spiritual moral or social development sometimes appear to be neglected. The study focuses on the problems with regard to child labour as regulated in international instruments and national legislation and whether the instruments and legislation is sufficient in prohibiting children to engage in hazardous work which involves their economic. The international and national instruments as discussed in this study protect children from economic exploitation and from work that is hazardous to their health or which interfere with their education. However, one should be aware of the overwhelming need among many South African households for children to work. It is therefore suggested that legislation be implemented more effectively to eliminate the use of child labour under specific ages. However, these restrictions should be placed within the scope of the child's right to be heard and to make his/her own decisions with regard to issues concerning them. There needs to be an integrated strategy linked to the provision of free basic education and addressing poverty to combat child labour. It is critical to initiate emergency measures which will promote the care and protection of children and harness their potential to meaningfully contribute to society. Child labour should not jeopardize any of the rights guaranteed by international and/or national instruments, including the right to education, or the right of the child to be heard. It makes clear that a basic quality of life should be the right of all children, rather than a privilege enjoyed by a few.