The ILO acts pay special attention to child labour isuues. So, these acts prohibit
the worst forms of child labour exploitation and set the minimum age for admission to
employment; prohibit night work and contain provisions for medical examination.
Therefore, in order to insure protection of child labourers’ rights it is important to
identify special features of child labour legal regulation in accordance with
international standards, for instatnce, provisions on age, from which it is allowed to
use the work of minors, rules of recruiting, in order to prevent any employment
discrimination etc.
The international community is increasingly concerned about the expansion of
illegal child labour. The ILO Declaration on Fundamental Principles and Rights at
Work (1998) is essential in controlling child labour and among the fundamental rights
includes the effective abolition of child labour. Provisions of Art. 3 of the Convention
on the Prohibition and Immediate Action for the Elimination of the Worst Forms of
Child Labour (1999) № 182 set out the definition of "the worst forms of child labor".
Pursuant to the provisions of international legal instruments the Law of Ukraine
on Childhood Protection provides for the prohibition of children’s involvement into
the worst forms of child labour, participation in heavy work and work in harmful or
dangerous working conditions, and also in underground work and work in excess of
legally set out reduced working hours limit.
The worst forms of child labour include: all forms of slavery or practices similar
to slavery, including sale and trafficking of children, debt bondage, as well as forced
or compulsory labour, including forced or compulsory recruitment of children for use
in armed conflicts; the use, recruitment or offering a child for prostitution, production
of pornography or for pornographic performances; the use, recruitment or offering a
child for illigal activities; work which, by its nature or conditions in which it is
performed, may harm child’s physical or mental health (para. 4, 5, Art. 21 of the Law
of Ukraine on Childhood Protection). We believe that in accordance with international
standards, it is necessary to make this list extendible. At the same time, it should be
noted that the current Labour Code contains no prohibition of or restriction on the worst
forms of child labour.
The use of employment of people under 18 in heavy work and work in hazardous
and dangerous conditions, underground work, night work, overtime work and work on
weekends is prohibited in the CIS member states. There is a tendency of the country’s
Ministry of Health involvement into the process of approving such a list. Kazakhstan
(Art. 11 LC), the Kyrgyz Republic (Art. 294 LC), Russian Federation (Art. 265 LC),
Azerbaijan (Art. 250 LC), showing additional concern for the mental development of
minors, set out the provisions regarding the impossibility of using their labour in works
related to alcohol manufacturing, storage and trade, works with narcotic and toxic
drugs, works in gambling, night clubs and cabarets.
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