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Le Travail des enfants


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

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SECTION II  :
A work being carried out in very diverse forms

Work the children revêt today of the very diverse forms which one can classify in seven great types, of which none is specific to a particular area of the world : house work, forced labor, work in constraint, sexual exploitation at commercial purposes that we will not study here, work in industry and plantations, trades of the streets, family work and the work of the girls. It is thus seen that there are two large poles of childish activity : the children work either at the house, within a family sphere (Paragraph I), or in factories or companies, i.e. in the formal sector (Paragraph II).

Paragraphe I  :
Child work within a family sphere

Of all the employment occupied by the children, most frequent are the agricultural or domestic work in the residence of their parents. The majority of the families, and this everywhere in the world, expect that their children help at the house, that it is by preparing the meals, while going to seek water with the well, by keeping the herds, or by achieving harder tasks in the fields. This type of work can be enriching, because the children learn while taking part in a reasonable way in the domestic drudgeries, with the culture of the kitchen garden, and they also draw a feeling from it from pride. Unfortunately, family work is not always as beneficial, it can be too fascinating, demanding children as one devotes long hours to him which move away them from the school and requiring too many efforts of bodies of children in full growth. In the rural zones of Africa and South Asia, the children start to take part in the domestic drudgeries well before having the school age. The girls must go to seek the water and the wood of the household. The children of the two sexes must contribute to the agricultural work, to deal of the animals and all that relates to water, work often extremely tiring. Similar models are observed in many countries of Latin America such as Colombia.
On a world level, agriculture constitutes the first branch of industry of the children, but this sector was unfortunately studied little. The synthesis of the data recorded by the International Labor Office until today in 26 developing countries delivers an average percentage of 70% of agricultural workers among the active children14(*). The World Bank rightly records that the higher the share of agriculture is in the interior product gross of a country, the more the frequency of work of the children is high : it is before a whole rural phenomenon. In certain countries of Africa, one estimates that a third of the agricultural labor is made up children.
This type of work, especially that of the girls who are generally charged to deal with the infants, to draw water, to collect wood and to prepare the meals, is largely invisible to the statisticians charged to measure the extent of the child work. It is also apart from the sphere of activity of the legislation, in particular because of the difficulty in regulating the child work in their family. However, to accept that this form of activity cannot be controlled amounts accepting that hundreds of million children do not profit from any legal protection, whereas it is about the most widespread shape of work children.

The house work children placed in another family that theirs is a phenomenon very running in the countries poor but these children placed in constraint domesticates undoubtedly most vulnerable and are exploited. Private nature and often not declared recruiting of servants makes impossible any measurement, but the small servants probably amount per million in the world. This trade is the prolongation of the domestic activity carried on at the house and consequently, it employs a majority of girls, but one can also find little boys domestic, in particular in Asia.

The children often are very badly paid to see remunerated at all ; generally, their working conditions depend entirely on the employer, with the contempt of their rights : they are private of school, play and social activity, as well as psychological support of their family. Who more is, they are regularly confronted with physical violence and the sexual abuse. Here, an example among so much of others one working day of 7 years Marie, Haitian, placed by its poor family living in a rural zone, an urban and easy family : she lifts herself to a height of five hours of the morning, will seek water with the well while carrying to the return the heavy earthenware jar on the head, then prepares the breakfast and is used it for the members of the family, then, she accompanies the children at the school, must buy the provisions, deal with fire, sweep, wash the linen and the crockery, to clean the house... She nourishes remainders of the family or of pulp of corn, is vêtue haillons and sleeps outside the house, by ground. It is regularly beaten if it is long in fulfilling all its obligations or if its Masters judge that it misses respect. It appears quite obvious that Marie does not go to the school. Very often, these girl, domestic employees generally, are parents of the employer, a niece or the girl of cousins living in the countryside ; the rural family is not that too much happy to have a mouth in less to nourish and usually, the relative who takes the child charges some is committed educating it. Unfortunately, once downtown, nobody is there to make sure that this promise is held, nor to note the long working hours inflicted with the young girl. From the nature even of this work, those which undergo it are hidden with the eyes of the world, without protection. According to the results of an investigation into the households with average incomes in Colombo, in Sri Lanka, a household on three employs a child of less than 14 years like servant. The children are often rather selected than the adults because they can be dominated more easily and of course less paid. The consequences of this type of work on a child are obvious : first of all malnutrition bus in spite of hard work that they provide, they have right only to ridiculous rations ; then the sexual abuse which is often considered by the employer belonging to work ; serious problems on the plan of their psychological and social development because they are very isolated from the community, deprived of any occupation of rest and play. Children work as servants in Africa, Latin America, in Asia, in the Middle East and in areas of Europe of the South.

Concurrently to these children who work in the family sphere, that it are theirs or that their employers, certain children work apart from on their premises but work neither in a factory nor in a plantation : they are the children of the streets. Contrary to the children placed as servants, these children work in the places more in sight, i.e. in the streets of the cities and the agglomerations of the developing countries. Any person, having been brought to go in these cities, can testify some : they are everywhere, praising their goods on the markets or threading between the cars to propose their services. Hundreds of thousands of children work from day to day in the streets of the cities, of the streets which are used to them also sometimes as residence. These children who work in the streets are the product of the certain social phenomena most worrying today, the fast urbanization, the racing of the demographic growth and the aggravation of the disparities between the incomes. Often, these children worked before as servants or in the fields, but they fled the ill treatments and are found in the street. Very often deprived of legal identity, they are handled by the organized crime, the not very scrupulous employers and the upholders to sell drug or to deliver themselves to the prostitution. What few people know it is that many children working in the streets provide a vital financial support to their family while taking responsibility for their when they can it, the expenses of their education. Indeed, a child who spends six hours in a discharge of Manila can gain more than one adult in one day ten hours in a close factory. In the street, they wax the shoes, wash the cars, carry the parcels and find a multitude in other manners of earning money. While being modest, the sums which they obtain are not higher than those which they would receive with a work in the formal sector. Nevertheless, whatever the benefit that they can withdraw, the sorting of waste is a dangerous work that the children themselves estimate if degrading that many leaves it preferring even the prostitution to him. The nature of their work is particularly unhealthy, dangerous and degrading. They contract various skin diseases (ulcers, scale, etc...) and by collecting pieces of rusted iron or while going on the fragments of glass, it is not rare that they are wounded with the risk to catch tetanus, without forgetting that they often eat the remainders which they find.

* 14 The ILO, the abolition of the extreme shapes of work children, file of information, Geneva, 1998

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