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Le Travail des enfants


par Aude Cadiou
Université de Nantes - DEA de droit privé 2002
  

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Paragraphe II :
Causes external with the needs for the families

One of the factors of the child work, and undoubtedly one of principal, is the failure of universal schooling. The UNICEF estimates that today more than 130 million children are not provided education for, figure which would reach even the 404 million if one includes all the children of less than 18 years. It is very easy to establish the link between this figure and that of the children to work. Among the 250 million active children in the world, the International Labor Office evaluates to 120 million the number of those which work full-time and thus having schedules of work incompatible with any possibility of studies : 38% work more than 40 hours per week and 13% at least 56 hours. Moreover, for the children who do not work yet, quantitative and qualitative deficiencies of the educational infrastructures, prevent them from having an education worthy of this name. Consequently, the parents prefer to send their children in the fields, for example, rather than at the school where what one will teach them them will not be of any utility. However, one should not show these parents not to want to send their children to the school, but to understand that two essential reasons push them to act thus : first of all, the school expenses are very high for a poor family and finally, while it is at the school, the child does not work and thus does not contribute to the incomes of households. Indeed, the state education, supposedly free, in general involves a very heavy investment for a poor family which must take responsibility for her the books, uniforms and other school stationery, transport charge, even sometimes to pay money with the teachers. That also explains why many children are obliged to work to pay their school fees, but everyone agrees to saying that after one working day, a child is not under the best conditions, to draw all the benefit from the teaching which it receives.

Moreover, much of children access to education does not have, quite simply because they do not have a school near their dwelling. We will see later on that the fight against the child work must imperatively pass initially by a considerable effort as regards education in the developing countries. It is only by proposing an education accessible to all, geographically and financially, and making it possible to the children to consider an improvement of their situation, that the child work will move back.

For including/understanding the extent of the child work well, it is necessary also to have for the spirit that childish labor is very required and sought by the employers. The reasons are very simple, they are economic reasons. It is considered indeed that the employers resort to this labor, in spite of prohibitions, because it is to them less expensive than the adult labor. Indeed, in much of case, the workers children do not cost absolutely anything or almost, and this in particular in the companies of small size, which are, let us recall it the largest childish employer of labors. However, the economic viability of this type of company often depends on this not remunerated labor. Considerations of cost enter also concerned in the case of the small establishments not declared and financially precarious that one meets in mass in the abstract sector of the developing countries. Under the pretext, that the employers give them the possibility of learning the rudiments from a trade, the pay of the children is often reduced to a little pocket money granted of time other by the employer. In the domestic services, the roof and cover are frequently the only remuneration of the work carried out by the children, and that when the employers are not too severe, because often the children have to hardly eat and sleep outside. The same applies to the children who work to refund the debt of the parents, within the framework of the constraint for debts, and which are thus not paid because their wages is supposed to refund the debt, which is seldom the case. That the children are less better paid than the adults is true in the majority of the cases, but often that is used as excuse to the employers who call upon that the overcost caused by the use of adults in the place of the children would prevent their company from being competitive. It is often claimed that the children are irreplaceable in certain industries of export which would cease being competitive if they saw private possibility of childish labor ; it was in particular the argument called upon by the manufacturers of carpets woven with the hand in India. However, a study undertaken by the International Labor Office showed that for these industries, the child work was not essential to the economic survival of this industry, because the overcost of the use of adults was surprisingly modest in proportion of the price to which the carpets are sold in the importing countries : between 5 and 10% of the price39(*). Under these conditions, one can wonder why the employers continue to employ this childish labor, the more so as the boycott movements of the products manufactured by children multiply and cause a drop in the sales of these employers. The reason in is simple, in the industry of the carpet, the final recipients are the owners of trades, which are themselves poor and work with very weak profit margins, therefore by employing children, they can double their incomes. Lastly, beyond the economic slope of work, there is an important psychological slope, explaining the recourse to this labor : the children are less conscious than the adults of their rights, they make less stories, are disciplined, go away less and especially they more easily accept a hard employment without complaining. Their activity being generally illegal, they do not risk in addition to going to complain with the authorities or affiliating themselves with a trade union. Childish labor is thus very malleable and one can thus exploit it more easily, because it does not complain. Another argument used by the employers would be that the children would be irreplaceable because of their « fingers of fairy » : for example, it is often said that only the children, who have the very fine fingers, would be able to tie carpets with a strong density of points. However, and that is not any more to show from now on, some of the most beautiful carpets are manufactured by adults, therefore if one can do without the dexterity of the children to weave the carpets, one sees badly in which activities their fingers of fairies would be essential ! Moreover, most of the time, the children are employed with tasks such as handling or packing in industry, tasks that an adult little completely to achieve as well. This argument of childish dexterity is not thus any more from now on one valid argument, to be able to excuse the behavior of employers not very scrupulous, eager quite simply to do an utmost of profits on the back of the children, without worrying about the consequences on the health of those.

Lastly, the last major cause of work children, is the epidemic of AIDS which has prevailed for several years in Africa and Asia. With nearly 30 million adults and children infected by the HIV in 2000, sub-Saharan Africa indeed constitutes the area touched hard. This area only records with it 50% of the 8.500 new infections which occur each day in the world. The HIV is not limited any more to the cities but is spread now at a speed alarming in the rural zones and it touches the country population, in particular the most productive people i.e. those old from 15 to 45 years. Consequently a great number of heads of households died of the AIDS, and the families are inserted more and more in poverty and the responsibilities are increasingly heavy for the survivors, particularly the children. Questioned on the child work in the plantations of tea of Tanzania, Mr. Norman Kelly, General manager of the plantation Brooke Jump, answers: «Adult labor decreases quickly because of the strong incidence of the HIV/AIDS among the workers.»40(*) A study carried out by the UNICEF in six countries of the Southern Africa and East Africa notes that «the HIV/AIDS dismantles the families and increases the possibilities of exploitation of the children by work... Just at the age where the children should go to the school, their doors and new responsibilities for heads of households force them to give up their schooling». This cause of work children, cannot unfortunately be fought by the International Conventions, but by an immense work of prevention of the risks of the AIDS in Africa and Asia, colossal work not easily realizable.

Conscious of these multiple causes and its impotence to fight them quickly, the international community then decided to enact a convention intended to fight firstly against the worst shapes of work children.

* 39 The ILO  : «Is child ploughing really necessary in India' S carpet industry» Geneva, 1996.

* 40 Revue Africa Starts again, vol.15 # 3 (October 2001), p.14 (File special  : the protection of the African children). Web site  : http://www.un.org/french/ecosocdev/geninfo/afrec/vol.15n °3/153kidf4.htm

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