Summary: | 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. === Thesis (LL.M.)--North-West University, Potchefstroom Campus, 2006.
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