Authored By: Farija Akther
Shanto-Mariam University of Creative Technology
Abstract:
This article critically examines the international legal framework governing the prohibition of child labour, with a focus on its effectiveness, limitations, and future prospects. Central to this analysis are key international instruments, including the International Labour Organization (ILO) Conventions No. 138 on Minimum Age and No. 182 on the Worst Forms of Child Labour, as well as the United Nations Convention on the Rights of the Child (CRC). These instruments collectively establish a global legal standard aimed at eliminating exploitative and hazardous child labour and promoting children’s rights to education, health, and development.
Despite significant progress in ratification and awareness, the enforcement of these norms remains uneven due to socioeconomic challenges, weak institutional capacity, and lack of political will in several regions. This article explores how such factors undermine the practical implementation of international obligations and create persistent gaps between law and reality. Furthermore, it highlights the tension between cultural practices, poverty, and legal mandates, particularly in developing countries.
The article concludes by proposing reforms to strengthen monitoring mechanisms, enhance cooperation among international bodies, and promote inclusive economic policies that address the root causes of child labour. By bridging legal commitments with actionable frameworks, the international community can make meaningful progress toward eradicating child labour and safeguarding the rights of every child.
Introduction:
Child labour remains one of the most critical human rights violations in the modern world. Defined as work that deprives children of their childhood, dignity, and potential, child labour often interferes with education and poses serious risks to their physical and mental development. Despite widespread condemnation, over 160 million children are still engaged in child labour globally, with many subjected to hazardous conditions and exploitative practices.i
The international community has taken significant steps to combat child labour. Key legal instruments include the International Labour Organization (ILO) Convention No. 138 on Minimum Age and Convention No. 182 on the Worst Forms of Child Labour, both of which set binding standards for member states. Additionally, the United Nations Convention on the Rights of the Child (CRC) obliges states to protect children from economic exploitation and harmful work. While many countries have adopted these treaties and incorporated them into national legislation, the implementation remains inconsistent and insufficient in many regions.
This article critically examines the international legal framework concerning child labour, evaluates the enforcement challenges faced by states, and proposes policy recommendations aimed at strengthening legal and institutional mechanisms. It highlights the gap between legal commitments and practical realities, arguing that political will, resource allocation, and cross border cooperation are essential to achieving meaningful reform and eradicating child labour worldwide.
Background:
Child labour, a persistent global issue, is not a modern-day phenomenon. Its roots trace back to the era of the Industrial Revolution, during which economic demands and industrial expansion relied heavily on the exploitation of children. From factories in 18th-century Europe to agricultural and informal sectors across Asia, Africa, and Latin America, children have historically been subjected to hazardous and exploitative labour conditions. These practices continue to deprive children of their fundamental rights, education, and opportunities for healthy development.
The international community took a landmark step toward combating this issue with the adoption of the United Nations Convention on the Rights of the Child (CRC) in 1989. The CRC, which has been ratified by nearly every country in the world, explicitly recognizes the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous, interfere with their education, or harm their health or development.ii Article 32 of the CRC obligates state parties to take legislative, administrative, social, and educational measures to ensure this protection.
In addition to the CRC, the International Labour Organization (ILO) has played a crucial role in addressing child labour through two core conventions. ILO Convention No. 138 concerning the Minimum Age for Admission to Employment requires member states to set a minimum working age, not less than the age of completion of compulsory schooling, and generally not below 15 years. Later, ILO Convention No. 182 on the Worst Forms of Child Labour, adopted in 1999, requires immediate and effective measures to eliminate extreme forms of child labour, including slavery, child trafficking, and hazardous work.iii
Together, these legal frameworks have laid the foundation for a child-friendly environment—one that prioritizes children’s rights to education, safety, and dignity. Despite these efforts, implementation gaps and socio-economic challenges continue to hinder progress, particularly in developing nations.
International Legal Framework on Child Labour
The international community has developed a robust legal framework to combat child labour, aiming to safeguard the rights and welfare of children globally. Three key instruments provide the foundation for these international norms.
Firstly, the International Labour Organization (ILO) Convention No. 138 concerning the Minimum Age for Admission to Employment and Work (1973) obliges member states to establish a minimum age for employment, which should not be less than the age of completion of compulsory schooling and, in any event, no lower than 15 years. However, developing countries may, under certain conditions, set the minimum age at 14 years.iv
Secondly, ILO Convention No. 182 on the Worst Forms of Child Labour (1999) mandates urgent and effective measures to prohibit and eliminate the most exploitative forms of child labour. These include slavery, forced or compulsory labour, the use of children in armed conflict, commercial sexual exploitation, illicit activities such as drug trafficking, and work that is likely to harm the health, safety, or morals of children.v
Thirdly, the United Nations Convention on the Rights of the Child (CRC), specifically Article 32, obliges State Parties to uphold the child’s right to protection from economic exploitation and from any work that may be hazardous, interfere with their education, or negatively impact their health or development. To fulfill this obligation, states must adopt appropriate legislative, administrative, and social measures.vi
In addition to these global instruments, various regional treaties strengthen the framework. Notably, the African Charter on the Rights and Welfare of the Child (1990) prohibits child labour and requires state parties to ensure that children are protected from all forms of economic exploitation and from performing work that is hazardous or interferes with their education.vii
Together, these international and regional instruments form a cohesive legal structure obliging states to prevent child labour and protect children’s rights through comprehensive legislative and policy interventions.
Successes and Progress in Implementation
Significant progress has been made globally in combating child labour, although challenges remain. According to a joint report by UNICEF and the International Labour Organization (ILO), the number of children engaged in child labour decreased by approximately 94 million between 2000 and 2020. Despite this improvement, 160 million children were still involved in child labour as of 2020, with 79 million engaged in hazardous work that endangers their health, safety, and development.viii
Various international programs have played a crucial role in this progress. The International Programme on the Elimination of Child Labour (IPEC) has raised global awareness and facilitated rehabilitation initiatives for affected children. Notably, IPEC’s work in countries such as Bangladesh, India, and Brazil have supported the development of national action plans, bolstered education incentives, and strengthened the capacity of national institutions to enforce labour laws.ix
At the national level, several legislative efforts reflect alignment with international labour standards. For example, Bangladesh’s National Child Labour Elimination Policy 2010 prioritizes the elimination of hazardous child labour and ensures access to education for rescued children.x Similarly, India’s Child Labour (Prohibition and Regulation) Amendment Act, 2016, prohibits employment of children under 14 in all occupations and extends protection to adolescents in hazardous sectors.xi These legal reforms have been instrumental in harmonizing domestic legislation with instruments such as the ILO Conventions No. 138 and 182.
Moreover, the private sector has become increasingly engaged through Corporate Social Responsibility (CSR) initiatives and commitments to the UN Global Compact. These frameworks have encouraged businesses to remove child labour from their supply chains and implement ethical sourcing practices.xiiThis multi-stakeholder approach—combining state, international, and private sector efforts—has enhanced accountability and transparency in addressing the complex roots of child labour.
Limitations and Challenges in Combating Child Labour
Despite international consensus on eliminating child labour, several legal, structural, and socio economic barriers continue to undermine global efforts. Although many states have ratified key international conventions—such as the ILO Convention No. 138 on the Minimum Age for Admission to Employment and Convention No. 182 on the Worst Forms of Child Labour— implementation remains inconsistent. A major limitation is the lack of political will and economic capacity. Labour inspection systems in many countries suffer from underfunding, inadequate training, and corruption, rendering enforcement mechanisms largely ineffective.xiii
Socio-economic conditions like poverty, illiteracy, and limited access to education are fundamental drivers of child labour. In Sub-Saharan Africa, for instance, approximately one in five children is engaged in child labour. The informal economy—particularly sectors like agriculture, domestic work, and small-scale manufacturing—is notoriously difficult to regulate. In India and Bangladesh, the majority of child labour occurs in these informal sectors, escaping both legal oversight and statistical tracking.xiv
Refugee and migrant children are especially vulnerable. A 2020 report by Human Rights Watch revealed widespread exploitation of Syrian refugee children in Turkey and Lebanon, who were found working under hazardous conditions and without legal protections.xv
The COVID-19 pandemic has further exacerbated the crisis. According to the ILO and UNICEF, school closures and economic shocks led to an increase of 8.4 million child labourers globally between 2016 and 2020, reversing previous progress. Finally, supply chain due diligence remains weak. A 2022 European Commission report highlighted that many multinational corporations fail to identify or remediate child labour within their supply chains, particularly in high-risk industries such as cobalt mining in the Democratic Republic of Congo (DRC) and cocoa farming in West Africa.xvi
Discussion
Despite the existence of comprehensive international legal instruments, the enforcement of child labour laws remains deeply problematic, particularly in developing regions. Structural weaknesses such as poor governance, limited institutional capacity, corruption, and socioeconomic instability severely undermine the efficacy of legal provisions. In countries with high prevalence rates, legal pluralism and entrenched traditional practices often conflict with international standards, creating additional barriers to enforcement.
A collaborative, multi-stakeholder approach is therefore imperative. Governments must take the lead in legislating and enforcing protective laws, while civil society organizations can play a pivotal role in monitoring violations and advocating for children’s rights. The private sector, particularly in agriculture and manufacturing, must implement due diligence frameworks to identify and eliminate child labour from supply chains. International organizations such as the International Labour Organization (ILO) and UNICEF must continue to provide technical and financial assistance, while encouraging adherence to international conventions such as ILO Convention No. 138 on Minimum Age and Convention No. 182 on the Worst Forms of Child Labour.
The statistics remain alarming: globally, an estimated 160 million children are engaged in child labour, including 79 million in hazardous work as of 2020. Approximately 70% are in agriculture, 20% in services, and 10% in industry.xvii In Africa, one in five children is involved in labour, compared to one in fourteen in the Asia-Pacific region. In Bangladesh alone, 3.45 million children are engaged in labour, with 1.2 million working in hazardous sectors.xviii The COVID-19 pandemic reversed two decades of progress, pushing an additional 8.4 million children into labour globally.
Conclusion
In conclusion, child labour persists not due to a lack of legal frameworks, but due to a failure in effective implementation and enforcement. Ending child labour demands more than ratification of treaties—it requires political will, grassroots awareness, targeted economic interventions, and sustainable development strategies. Legal norms must be translated into practical action through coordinated international cooperation, integrated education and social protection systems, and robust accountability mechanisms. Only then can the global community hope to eradicate child labour in all its forms.
Reference(S):
iILO, Global Estimates of Child Labour: Results and Trends, 2016–2020 (2021) https://www.ilo.org.
ii United Nations Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3, art 32
iii ILO Convention No 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (adopted 17 June 1999, entered into force 19 November 2000) ILO C182.
vInternational Labour Organization, Worst Forms of Child Labour Convention, C182 (adopted 17 June 1999, entered into force 19 November 2000) ILO C182.
vi UN General Assembly, Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3, art 32.
vii Organization of African Unity (OAU), African Charter on the Rights and Welfare of the Child (adopted 11 July 1990, entered into force 29 November 1999) OAU Doc CAB/LEG/24.9/49 (1990), art 15.
viii ILO and UNICEF, Child Labour: Global Estimates 2020, Trends and the Road Forward (2021) https://www.ilo.org accessed 13 May 2025.
ix ILO, International Programme on the Elimination of Child Labour (IPEC): Achievements and Challenges (ILO 2020) https://www.ilo.org accessed 13 May 2025.
x Ministry of Labour and Employment (Bangladesh), National Child Labour Elimination Policy 2010. xi Child Labour (Prohibition and Regulation) Amendment Act 2016 (India).
xii United Nations Global Compact, Ending Child Labour: A Guide for Business (UNGC 2019) https://www.unglobalcompact.org accessed 13 May 2025.
xiii ILO, Ending Child Labour by 2025: A Review of Policies and Programmes (2018) https://www.ilo.org accessed 10 May 2025.
xiv ILO, Observation on India and Bangladesh: Application of Convention No. 138 and No. 182 (2023) https://www.ilo.org accessed 10 May 2025.
xv Human Rights Watch, Syria: Child Refugees Exploited in Turkey and Lebanon (2020)
https://www.hrw.org/news/2020/10/01/syria-child-refugees-exploited accessed 10 May 2025.
xvi European Commission, Study on Due Diligence Requirements Through the Supply Chain (2022) https://commission.europa.eu accessed 10 May 2025.
xvii Ibid.
xviii Bangladesh Bureau of Statistics (BBS), Child Labour Survey 2022: Key Findings, (Dhaka 2023) https://bbs.gov.bd accessed 12 May 2025.
