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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  :
A phenomenon not being limited to the poor countries

Even if the large majority of the children who work finds in Asia, Africa or Latin America, the child work is not limited to the developing countries. Indeed, the industrialized countries also use this labor but it is then the nature of the child work which determines if it is prejudicial for them and not the simple fact of having an employment. Few inhabitants of the industrialized areas think that to employ a young person to deliver newspapers during one hour or two before the school is a form of exploitation, although it is paid certainly less than an adult for a similar work. Often, the child will be even encouraged to take this kind of employment in order to rub in the world of work. All the confused forms of work, the percentage of childish labor can be surprisingly high : in the United Kingdom it appears that the phenomenon concerns from 15 to 26% of the 11 years old children and 36 to 66% of the 15 year old young people10(*). An investigation carried out at the local level in Great Britain noted that 40% of the questioned children had, in a form or another, « a trade or an occupation exerted at lucrative ends », i.e. a work other than the baby-sitting or the races. Other studies showed the existence of a bond between the unemployment of the parents and work children and that, in London, four children out of five who work make it illegally, either because they do not have the age, or because their work was not appropriate for a child. The number of families with low incomes not ceasing increasing, more and more children will be put in the search of an employment, often clandestine and illegal. It should not be believed that these children work under conditions protected than in the developing countries since one belongs unfortunately sometimes to the very serious accidents : a 14 year old child who worked for wages of a book per hour in a factory of bed linen is made grab the arm in a machine deprived of protection. In England two large firms were recently prosecuted to have employed children in lower part of the minimum age !

In Italy, the problem of the child work is also growing, and one estimates at several hundreds of thousands the number of children who work in one way or another in this country, mainly in the large cities. Many children make the school buissonnière to go to work. The domestic industry is the very widespread shape of exploitation of the children and the industry of the shoe is a great sector of the clandestine economy which functions with thousands of small workshops dispersed a little everywhere, which returns the intervention of the authorities almost impossible.

The child work also gains ground in Portugal where more and more of children are employed in small companies which want to be ensured of the profits of competitiveness on the European market. The children are exploited in the metallurgy, the trade, tourism, the textile, the construction industry, the pottery but also the shoe, the services domestic and the clothes industry. 11(*)

However, in the industrialized countries like the United Kingdom, the majority of the young workers also attend the school. But, it would be completely naive to believe that in the Western countries, the child work is always of the type « pocket money ». The industrialized nations would have tendency according to the UNICEF with « to think that they completely abolished the hardest shapes of work children and thus push the poor countries to follow their example »12(*). One still frequently finds the shapes dangerous of work children in the majority of the rich countries. Usually, the exploited children would come from minorities ethnic or groups of immigrants, like the communities Tziganes and Albanian in Greece. It is also the case in the United States, for the majority of the hard-working children employed in agriculture. A study carried out in 1990 by the countable general Agency showed an increase of 250% of the infringements to the legislation on the child work between 1983 and 1990. In 1990, an operation carried out by the Ministry of Labor during three days revealed that 11.000 children worked clandestinely13(*). The same year, an investigation into the children Mexico City-American occupied in the farms of the State of New York revealed that about half had worked in still wet fields of pesticides and that more than one third had been touched by direct or indirect pulverizations.

It is thus seen that the child work is not the unhappy privilege of the developing countries, but which there also exists with our doors. Nevertheless, that should not prevent us from wanting at all costs that this one ceases quickly in the poor countries, because it is all the same in these areas that it is generalized the most and that the working conditions are most deplorable.

* 10 «Child Ploughing in Britain», Carryforward to the International Working Group one Child Ploughing, September 1995, p.34.

* 11 All these examples are drawn from the report/ratio  «  Not time to play. Child work in the world economy.  » report/ratio of the CISL June 1996.

* 12 UNICEF 1997

* 13 «  Work in the world  » 1992, the ILO, Geneva, 1992, P.14

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