Paragraphe II
:
An ambitious
convention but still too recent
to measure made progress
The convention of the United Nations of 1989 relating to the
rights of the child30(*)
is the international instrument most complete at present as regards child work.
This convention defines the child as all « old human be less than 18
years, except if the majority were reached earlier under the terms of the
legislation which is applicable for him ». It aims at defending a
whole series of rights of the child, among whom that « to be
protected from the economic exploitation and not to be compels with any work
comprising of the risks or likely to compromise its education or to harm its
health or its development physical, mental, spiritual, moral or
social »31(*).
While indirectly referring to the international standards of work, this
convention imposes on the States started from fix a minimum age or minimum ages
of access to employment, to regulate the duration as well as the working
conditions and to apply suitable sorrows and sanctions to ensure the effective
application of these provisions. 32(*)
The International Labor Office regularly communicates
information on the application of the relevant provisions of this instrument to
the Working group of presentation of the Committee of the rights of the child,
who examines the reports/ratios of the States left relating to his application.
Certain articles of convention relate to the other extreme shapes of work
children, for example, the sexual exploitation and violence33(*), removal, the sale and the
draft of children at some end that it is and all other forms of exploitation
prejudicial to any aspect of their wellbeing. This convention invites the
States left to take all measurements possible and adapted to facilitate the
physical, psychological and social readjustment of any child victim of any form
of negligence, exploitation or maltreatments34(*). The right of the child to education is also
recognized by the Convention on the rights of the child who lays out that
primary education teaching should be obligatory and free for all35(*).
Convention caused a major change which already starts to have
notable effects on the attitudes of the international community with regard to
his/her children. Since a State ratified Convention, it is juridically held to
take all adequate measurements to help the responsible parents and other parts
to hold the obligations which it imposes towards the children. At present, 96%
of the children of the world live in countries juridically obliged to protect
the rights of the children. To fulfill their obligations, the States are
sometimes obliged to make fundamental modifications to the laws, national
institutions, plans, policies and uses so aligning them on the principles of
Convention. The first priority must be to cause the political good-will to do
it. As had recognized it the writers of Convention, there will be real change
in the life of the children only when ethics and the social attitudes gradually
evolve/move to become in conformity with the laws and the principles, and, when
the children, become actors of this process, know sufficiently their rights to
claim themselves some. The Committee of the rights of the child is the body
officially charged to supervise the process. The States begin to subject in the
two years following the ratification and thereafter every five years, a
report/ratio to the measures which they will have adopted to modify their
national legislations like formulating policies and action plans. The Committee
made up of ten experts, gathers the information checked near nongovernmental
organizations (ONG) and intergovernmental, including the UNICEF, and these
groups can prepare reports/ratios independent of those of the governments. The
Committee and the government concerned meet then to discuss the efforts made in
the country in favor of the rights of the child and the measures to be taken to
overcome the difficulties. This system of report/ratio proved to be dynamic and
constructive, opening a dialog which helps to make progress the rights of the
child. Unfortunately, much of country neglected to forward their reports/ratios
within the deadlines.
The process of application of Convention is yet only with its
stammerings but this international treaty in favor of the children already
starts to make feel its effects. As the UNICEF in 1996 in its publication
indicated it « The progress of the nations », 14 of the 43
countries whose reports/ratios could have been examined at that time had
integrated the principles of Convention in their Constitution, and 35 had
adopted new laws or had amended the existing texts to conform to it. Lastly, 13
countries had incorporated Convention in their school syllabus, capital step to
start to inform the children of their rights.
The development of an international will to fight the child
work is from now on made thing but what at the national level
happenhappens ? Indeed, even if it appears simple to enact great ideals
within a International Convention, the task is often much more difficult when
it is a question of politically translating these fine wordss within the
national laws of often poor and not very stable countries . Convention
states the obligation made in the States envisage a regulation as regards
dangerous work, but we should see now if this enacted will were followed by the
States left. Unfortunately, little country currently defines the concept of
dangerous work in their general legislation. Usually this dangerous work is
defined in general terms as those which threaten health, the safety or the
morality of the children, thus taking again the vocabulary used by convention
n°138. Moreover, little of legislations envisage general prohibitions.
Most of the time, are enumerated industries the prohibited professions and
dangerous activities with the children, like, for example, the minings,
maritime work, work on machines moving, the handling of explosive or harmful
substances, construction or demolition, transport and the spectacles. Often
also, the national legislation refers to work physically arduous for the young
people or disproportionate with their forces. In certain cases, the concept of
dangerous work is extended to situations where the lack of experience or
maturity is likely to threaten safety of others. Another approach consists in
defining the risks related to the physical environment or the particularly
harmful ergonomic risks to which the children should not be exposed. It is thus
seen that the concepts of aptitude of the child for work or painfulness of work
remain subjected to extremely variable interpretations according to countries',
and this all the more according to the type of activity more represented in the
country. The measurements taken as regards dangerous work will be centered on
the extractive activities in a country with mining production like Colombia, on
the domestic services in the very poor countries like Bangladesh or Sri Lanka
or on the show business in countries like Thailand.
The deplorable conditions of work, and thus of life, million
children thus from now on are taken into account, and strongly fought on a
world level. However, in front of the extent of the task to be achieved, and
the relative effectiveness of the international standards, the international
community decided into 1999 to change strategy, in order to be effective more
quickly.
* 30 Convention on
the rights of the child ; entry into force on September 2, 1990.
* 31 Article 32 subparagraph 1
Convention on the rights of the child 1989
* 32 Article 32 subparagraph 2
Convention on the rights of the child 1989
* 33 Article 34 International
Convention relating to the rights of the child.
* 34 Article 39 International
Convention relating to the rights of the child.
* 35 Article 28 International
Convention relating to the rights of the child.
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