Protecting the Vulnerable: Legal Safeguards for Child Domestic Workers in Bangladesh

Abstract

Child domestic work remains a persistent issue in Bangladesh despite legal frameworks and judicial directives aimed at protecting children. This study examines the current state of child domestic labour and the effectiveness of national laws, including the Labour Act, 2006, as well as Bangladesh’s compliance with international obligations such as the UN Convention on the Rights of the Child (CRC). This study also incorporates a doctrinal legal research approach to analyze statutes, policies, judicial decisions, and international treaties in order to identify gaps and inconsistencies in protection. The findings reveal that while legal and policy measures exist, enforcement is weak, and socio-economic factors continue to contribute to the exploitation of children in domestic work. The study concludes by highlighting the need for stronger monitoring mechanisms, effective implementation of existing laws, and awareness-raising initiatives to fulfill both national and international obligations and ensure the protection of children in domestic labour.

Introduction

Everyone has the right to live with dignity and the full enjoyment of basic fundamental rights — and this right extends equally to child domestic workers in Bangladesh. Yet they remain a vulnerable and neglected group. Child domestic work continues to go unnoticed due to its predominantly concealed nature within private households.¹ Child domestic workers are not easily reachable, not only because their work takes place behind closed doors, but also because society often deems the practice acceptable — even viewing it as an important stage of development, particularly for girls.²

The United Nations Convention on the Rights of the Child (CRC), in Article 32, recognizes the right of children to be protected from unlawful economic exploitation and from the effects of hazardous work.³ Article 19, in turn, obliges the state to take all measures necessary to protect children from all forms of physical or mental violence, injury, or abuse while in the care of others — a provision that directly applies to children living in employer households.⁴ Drawing upon these obligations, Bangladesh adopted the Labour Act of 2006 and several national policies on domestic labour. However, their implementation remains a serious question. The most recent domestic workers policy, enacted in 2015, has yet to be given the force of binding law, and no substantive efforts have been made by the Government to remedy this gap.

This article critically examines the existing legal frameworks addressing child domestic work in Bangladesh, highlighting both the protections in place and the gaps that hinder effective enforcement. It also examines the structural and systemic challenges that contribute to the continued invisibility and vulnerability of child domestic workers, and discusses the role of the Judiciary in interpreting and shaping the application of relevant laws.

Defining Child Domestic Worker

Before defining who a child domestic worker is, it is necessary to establish who qualifies as a child under the law. The 1989 UN Convention on the Rights of the Child (CRC) and the 1999 ILO Convention on the Worst Forms of Child Labor both define a child as any person under 18 years of age, unless the law of a particular country establishes majority at an earlier age. Historically, Bangladeshi laws have been inconsistent on this question, with different statutes defining the age of a child differently. To address these inconsistencies and establish a uniform standard, the Bangladesh Labour Act 2006 consolidated and repealed all previous labour laws, and defined a child as anyone under 14 years of age.⁵

There is no universally accepted definition of a child domestic worker; the term varies depending on social, cultural, and policy contexts across different countries. According to the International Labour Organization (ILO), child domestic work can be defined as “domestic work undertaken in the household of a third person by a child below the legal minimum age for work or employment, or by a child above the legal minimum age but under the age of 18 in hazardous or slavery-like conditions, in which case it would be considered a worst form of child labour.”⁶ Drawing on this definition, child domestic work may be broadly understood as tasks performed by children in the household of another person — including household chores, caregiving, or other domestic duties — that become exploitative or hazardous, particularly where conditions are unsafe or coercive.

Situation of Child Domestic Workers in Bangladesh

Children working in private homes carry out domestic chores, often behind closed doors and shielded from government oversight and public view. The fact that child domestic workers are provided with food, shelter, and some form of income does not eliminate the reality that many of these children suffer from abuse and torture. They are frequently denied contact with their families and are often deprived of necessary healthcare.⁷ They may be beaten by their employers for making mistakes. Among children in this field, approximately 80% are female and under the age of 18. These children also face sexual abuse and harassment, which causes severe physical harm and lasting psychological trauma.

Legal Frameworks for Child Domestic Workers

The Constitution of Bangladesh

The Constitution of Bangladesh is described as the solemn expression of the will of the people, and its provisions extend to protecting the rights of child domestic workers as well. Several constitutional provisions are relevant to children working in domestic settings.

Article 14 places a fundamental responsibility on the state to protect vulnerable groups in society — including child domestic workers — from exploitation.⁸ Article 15 directs the state to ensure that children have access to basic necessities such as food, shelter, education, and healthcare, in order to improve their overall standard of living.⁹ Article 27 guarantees that child domestic workers are equal before the law and entitled to equal protection of the law.¹⁰ Article 32 ensures that these children will not be arbitrarily deprived of life or personal liberty.¹¹ Article 34 prohibits forced labour.

The Labour Act, 2006

This is the most important and primary law governing domestic work in Bangladesh. Prior to the 2025 amendment, the law did not explicitly recognize domestic workers, leaving them in a legal grey area. The 2025 amendment resolved this by formally including domestic workers within the Act’s scope. The law sets the minimum age for child labour at 14, under Section 14 of the Act.¹² Section 284 punishes any person who employs a child in violation of the Act.¹³ Section 285 punishes any parent who enters into an illegal agreement involving their child’s labour.¹⁴

The Children Act, 2013

Although not directly targeted at child domestic workers, the Children Act, 2013 is frequently referenced in matters involving child labour. Section 70 of the Act provides that any person who assaults, ill-treats, abandons, or neglects a child, or causes physical or mental suffering to a child, shall be punished with imprisonment of up to five years or a fine of up to one lakh taka.¹⁵ Section 80 provides for two years of imprisonment and a fine of fifty thousand taka for anyone who exploits a child under the guise of employment or care, or who appropriates the child’s earnings for their own use.¹⁶

The Penal Code, 1860

The Penal Code of Bangladesh provides additional criminal protections to child domestic workers. Section 374 makes it illegal to compel any person to work against their will.¹⁷ Section 369 addresses the kidnapping of a child with the intent of exploiting them.¹⁸ Provisions relating to assault and, in extreme cases, unlawful killing also apply to child domestic workers in certain circumstances.

Factors Contributing to Child Domestic Work

Invisible Within Laws

Despite their significant contribution to the domestic economy, child domestic workers remain largely invisible within legal frameworks. For much of its history, the prevailing labour law did not recognize child domestic workers and consequently excluded them from its protections.¹⁹ As a result, domestic workers were denied the fundamental rights granted under labour legislation. This legal gap left them particularly vulnerable to exploitation and abuse, a situation that has only recently begun to be addressed.

Poverty

Poverty is one of the primary drivers of child domestic work in Bangladesh. Due to household financial pressures and the absence of adequate social support systems, families are often compelled to send their children to work in the households of others simply to survive.

Culture and Tradition

In certain communities, cultural norms and traditions contribute to the continuation of child labour, as society often accepts and sometimes even supports the practice.²⁰ The normalization of child domestic work — particularly for girls — makes it more difficult to challenge and eradicate.

Lack of Awareness

A significant number of parents are unaware of the harmful effects that domestic work can have on their children’s physical, psychological, and educational development. Without this awareness, many families make decisions about their children’s employment without fully understanding the consequences.

Lack of Education

Child domestic workers are frequently subjected to harassment and abuse at work, while their rights remain unprotected in part because their lack of access to education leaves them without the means to understand, assert, or seek enforcement of those rights.²¹

Judicial Interpretations

The Judiciary in Bangladesh — particularly the High Court Division — has assumed a significant role in advancing the rights of child domestic workers, notwithstanding the gaps that persist in the legislative framework.

In Human Rights and Peace for Bangladesh (HRPB) v Bangladesh & Others [2014] 5570 (HCD), the High Court Division played a landmark role in addressing the legal vacuum surrounding domestic workers, including children.²² The court identified the exclusion of domestic workers from the Labour Act, 2006 as a violation of constitutional rights — in particular, the rights to equality and equal protection of the law. The court characterized this exclusion as the product of systemic discrimination by the state and issued directives requiring the adoption of effective legal measures and the implementation of relevant policies.

In Bangladesh National Women Lawyers Association (BNWLA) v Cabinet Division [2010] (HCD), the court addressed the systemic exploitation, abuse, and denial of education suffered by child domestic workers.²³ The court similarly identified the exclusion of child domestic workers from the Labour Act, 2006 and the absence of enforcement as the principal causes of their vulnerability, and directed the relevant authorities to take steps to strengthen legal protection for these children.

Despite these judicial directives, effective implementation remains a serious challenge. Child domestic labour continues to be widespread, reflecting weak enforcement mechanisms and insufficient monitoring on the part of the state.

Recent Developments

For a long time, child domestic workers were unrecognized under labour law and lacked legal protection. However, significant developments have occurred since the interim government came to power in 2024. The interim government achieved an important milestone by signing three key International Labour Organization (ILO) Conventions — No. 155, No. 187, and No. 190 — which address occupational safety and health for domestic workers and recognize the right to a workplace free from violence and harassment.²⁴ These ratifications came as a result of sustained pressure from trade unions and labour rights defenders advocating for improved working conditions.

Following the ratification of these conventions, Bangladesh made a further advance with the enactment of the Bangladesh Labour Act (Amendment) Ordinance, 2025, which formally recognized domestic workers as “workers” under national law for the first time.²⁵ The amendment also affords domestic workers the right to file cases against exploitation and abuse.

Despite these advances, significant challenges remain within the existing laws, and meaningful enforcement has yet to be achieved.

Critical Analysis

Child domestic work remains a major issue in Bangladesh. Children are driven to this form of labour by poverty and social pressure, with parents sending them to work in the homes of strangers in the hope of securing an income — often without fully considering the detrimental effects on their children’s wellbeing and development.

Child domestic workers in Bangladesh enjoy only indirect and fragmented legal protections under various statutes. While the Bangladesh Labour Act, 2006 recently expanded its definition of “workers” to include domestic workers, serious abuses such as torture or unlawful killing can be prosecuted under the Penal Code, 1860 and other specific criminal laws. However, merely including domestic workers within the scope of existing legislation is insufficient. A separate and dedicated legal framework — tailored to the specific vulnerabilities of child domestic workers — is necessary.

Bangladesh recently enacted the Bangladesh Labour Act (Amendment) Ordinance, 2025, which extends formal legal protections to domestic workers for the first time.²⁶ However, the legislation does not provide a clear definition of what constitutes “light work” for children aged 12 to 14, leaving the matter in a legal grey area that is susceptible to abuse.

Bangladesh adopted the Domestic Workers Protection and Welfare Policy in 2015, which aimed to set minimum standards for domestic workers, including children. The policy included provisions prohibiting heavy work for those under 12, regulations on adolescent labour, and proposals for a monitoring body and complaint helpline to ensure proper implementation.²⁷ However, this policy was never enacted as binding law, leaving a significant gap in the regulatory framework governing child domestic work.

Bangladesh has also ratified ILO Convention No. 182 on the Worst Forms of Child Labour and ILO Convention No. 138 on the Minimum Age for Admission to Employment, representing important milestones in the protection of children’s rights.²⁸ Nevertheless, enforcement remains a challenge, as poverty, limited access to education, and entrenched socio-cultural practices continue to sustain child domestic labour in practice.

Various structural challenges and institutional dysfunctions undermine the effectiveness of the laws described above. Many provisions remain vague and afford child domestic workers little or no meaningful protection. These legal shortcomings are compounded by poverty, lack of education, lack of awareness, and deeply rooted socio-cultural norms — factors that together perpetuate the invisible and unprotected nature of child domestic work in Bangladesh.

Conclusion

Childhood is about playing with friends, spending time with family, going to school, and enjoying a fulfilling life. For far too many children in Bangladesh, however, this remains a distant dream. Children are compelled to enter the workforce at a young age, driven by a combination of forces — high poverty rates, the financial impossibility of sustaining a family on a single income, and a society that has yet to fully internalize the harms of child domestic labour. Children working in domestic settings are often abused and tortured by their employers. They remain trapped within closed doors, unable to seek help from the law or from their families.

At the legislative level, legal frameworks for child domestic workers have received growing attention over the past several years. Governments and NGOs are working together to bring the issue of child domestic labour to an end. However, the persistent lack of enforcement and meaningful implementation of existing laws remains a major obstacle to securing justice for child domestic workers.

The Government must address these failures as a matter of urgency. Concerted efforts must be made to reduce poverty, awareness must be actively promoted, and society must be educated on the harmful effects of child domestic labour. The Government must also enact a binding, comprehensive law that fully consolidates and harmonizes provisions for the protection of child domestic workers. Only through the combined efforts of government, civil society, and the public can a meaningful end to child domestic work be achieved.

Bibliography

Primary Sources

Domestic Laws

1. The Constitution of Bangladesh
2. The Labour Act, 2006
3. The Children Act, 2013
4. The Penal Code, 1860
5. The Women and Children Repression Prevention Act, 2000

Policy

1. The Domestic Workers Protection and Welfare Policy, 2015

International Conventions

1. United Nations Convention on the Rights of the Child (CRC)

Case Laws

1. Human Rights and Peace for Bangladesh v Bangladesh [2014] 5570 (HCD)
2. Bangladesh National Women Lawyers Association (BNWLA) v Cabinet Division [2010] (HCD)

Government and International Organisation Reports

1. International Labour Office, ‘Hazardous Child Domestic Work: A Briefing Sheet’ (ILO, 2007)

Secondary Sources

Online Journals

1. Islam, E., Mahmud, K., and Rahman, N. (2013) ‘Situation of Child Domestic Workers in Bangladesh’, GJMBR, 13(7)
2. Blagbrough, J. (2008) ‘Child Domestic Labour: A Modern Form of Slavery’, CS, 22(3)
3. Hossain, F. (2023) ‘A Critical Legal Analysis of Child Labor in Bangladesh with Special Recommendation of ILO, UNICEF, and UNESCO’, IJRISS, 7(5)
4. Ahmed, M. (2013) ‘Organizing Domestic Workers in Bangladesh: Present Status, Challenges, and Future Directions’, BILS
5. Uddin, N. M. (2018) ‘Child Labor in Bangladesh and its Social Impact’, ISWR, 8(1)

News Articles

1. Mazumdar, N. J. (2019) ‘Child domestic workers need more protection’, The Daily Star, 6 October. Available here
2. BSS (2025) ‘Lack of education leaves domestic workers vulnerable to harassment: Sharmeen Murshid’, BSS News, 27 April. Available here
3. Star Business Report (2025) ‘Bangladesh signs three key ILO conventions on workers rights’, The Daily Star, 22 October. Available here
4. Urmee, A. R. (2026) ‘Domestic workers’ rights: Bridging the gap between law and reality’, Dhaka Tribune, 1 March
5. Jahan, S. (2025) ‘The hidden workforce: Inside Dhaka’s domestic work economy’, The Daily Star, 31 October. Available here
6. Istiak, M. (2026) ‘Domestic worker protection on paper, welfare absent in reality’, The Business Standard, 22 March. Available here
7. Ahmed, N. H. (2024) ‘A call to end child labour’, New Age, 12 June. Available here

Footnote(S):

¹ Emadul Islam, Khaled Mahmud, Naziza Rahman, ‘Situation of Child Domestic Workers in Bangladesh’ (2013) 13(7) GJMBR <https://www.researchgate.net/publication/316989957> accessed 28 March 2026

² Jonathan Blagbrough, ‘Child Domestic Labour: A Modern Form of Slavery’ (2008) 22(3) CS <https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1099-0860.2008.00149.x> accessed 28 March 2026

³ UN CRC, Art 32

⁴ UN CRC, Art 19

⁵ Farzana Hossain, ‘A Critical Legal Analysis of Child Labor in Bangladesh with Special Recommendation of ILO, UNICEF, and UNESCO’ (2023) 7(5) IJRISS <https://rsisinternational.org/journals/ijriss/articles/a-critical-legal-analysis-of-child-labor-in-bangladesh-with-special-recommendation-of-ilo-unicef-and-unesco/> accessed 28 March 2026

⁶ International Labour Office, ‘Hazardous Child Domestic Work: A Briefing Sheet’ (ILO, 2007)

⁷ Joana Nomrata Mazumdar, ‘Child domestic workers need more protection’ (The Daily Star, 6 October 2019) <https://www.thedailystar.net/opinion/human-rights/news/child-domestic-workers-need-more-protection-1810366> accessed 29 March 2026

⁸ The Constitution of Bangladesh, Art 14

⁹ The Constitution of Bangladesh, Art 15

¹⁰ The Constitution of Bangladesh, Art 27

¹¹ The Constitution of Bangladesh, Art 32

¹² The Labour Act, 2006, s 14

¹³ The Labour Act, 2006, s 284

¹⁴ The Labour Act, 2006, s 285

¹⁵ The Children Act, 2013, s 70

¹⁶ The Children Act, 2013, s 80(1)

¹⁷ The Penal Code, 1860, s 374

¹⁸ The Penal Code, 1860, s 369

¹⁹ Mostafiz Ahmed, ‘Organizing Domestic Workers in Bangladesh: Present Status, Challenges and Future Directions’ (2013) BILS <http://bilsbd.org/wp-content/uploads/2022/03/Organizing-Domestic-Workers-in-Bangladesh-_25_09_2013.pdf> accessed 31 March 2026

²⁰ Md Nizam Uddin, ‘Child Labor in Bangladesh and its Social Impact’ (2018) 8(1) ISWR <https://ypsa.org/ypsa/wp-content/uploads/2021/09/Child-Labor-in-Bangladesh-and-its-Social-Impact.pdf> accessed 31 March 2026

²¹ BSS, ‘Lack of education leaves domestic workers vulnerable to harassment: Sharmeen Murshid’ (BSS News, 27 April 2025) <https://www.bssnews.net/news/267357> accessed 31 March 2026

²² Human Rights and Peace for Bangladesh v Bangladesh [2014] 5570 (HCD)

²³ Bangladesh National Women Lawyers Association (BNWLA) v Cabinet Division [2010] (HCD) [Note: Please verify whether the correct year is 2010 or 2011, as the text and footnote are inconsistent.]

²⁴ Star Business Report, ‘Bangladesh signs three key ILO conventions on workers rights’ (The Daily Star, 22 October 2025) <https://www.thedailystar.net/news/bangladesh/rights/news/bangladesh-signs-three-key-ilo-conventions-workers-rights-4016586> accessed 31 March 2026

²⁵ Rowshon Akhter Urmee, ‘Domestic workers’ rights: Bridging the gap between law and reality’ (Dhaka Tribune, 1 March 2026) accessed 31 March 2026

²⁶ Selim Jahan, ‘The hidden workforce: Inside Dhaka’s domestic work economy’ (The Daily Star, 31 October 2025) <https://www.thedailystar.net/ds/unheard-voices/news/hidden-workforce-inside-dhakas-domestic-work-economy-4023986> accessed 31 March 2026

²⁷ Md Istiak, ‘Domestic worker protection on paper, welfare absent in reality’ (The Business Standard, 22 March 2026) <https://www.tbsnews.net/features/domestic-worker-protection-paper-welfare-absent-reality-1392226> accessed 31 March 2026

²⁸ HM Nazmul Alam, ‘A call to end child labour’ (New Age, 12 June 2024) <https://www.newagebd.net/post/opinion/237543/a-call-to-end-child-labour> accessed 31 March 2026