WORKING TOWARDS THE ERADICATION OF CHILD LABOUR:

An analysis of the legal framework with case-studies of Pakistan, India, Indonesia, China, UK and USA

Farkhanda Zia Mansoor

This book is concerned with the most important source of child exploitation. It considers the eradication of the worst forms of child labour and the protection of the right of the child workers as a core labour, human rights and international trade law issue. The worst forms of child labour as set out in the International Labour Organisation (ILO) Convention No.182 on Elimination of the Worst Forms of Child Labour 1999, including hazardous work, prostitution, child pornography, child soldiering and child trafficking, are endemic in the developing countries but some of them persist in the most developed countries. Therefore, this book examines the nature and scale of the problem in developing and developed countries. Further, it observes the role of child labour and the legislation pertaining to it. It explores what would be the best forum, mechanisms, strategies and instruments for the eradication of the worst forms of child labour. With this view, it investigates the roles – actions and potential of the World Trade Organization (WTO), the role of International Labour Organisation (ILO) and the effectiveness of WTO and ILO mechanisms in combating the worst forms of child labour.

It identifies lacunas in child labour legislation and considers the difficulties in its enforcement. The book evaluates legal standards for the protection of child workers at the international and national levels. It analyses the discrepancy between law and practice and how different factors undermine the impact of legislation and its proper enforcement in the developed and developing countries. It recommends reforms and need for comprehensive legal framework for enforcing the relevant laws, which would strengthen the legal safeguards for the elimination of the worst forms of child labour and for improving their core labour rights. Finally, it will make recommendations for evolving a future plan of action for the effective promotion and protection of rights in relation to child workers.

The book provides useful material for the policy makers (professional bodies) academics and legal advisers. The professional bodies, academics, national authorities and international organisations will find an in – depth analysis of current laws and guidelines on how to control the economic exploitation of children and how to eliminate the worst forms of child labour. Legal advisers will find useful suggestions and technical indications which will facilitate their practice. Students will learn about the new trends and directions in this area of law and will find practical advice on how to be protectors of the rights of child workers. The book will provide supplementary material for a variety of courses, including: International Trade Law, International Core Labour Standards and Employment and Labour Laws.

It offers an in-depth knowledge about the impact of trade sanctions on the eradication of the worst forms of child labour in developing countries. It will reveal the contemporary reality relating to the worst forms of child labour and child work, not only in the developing but also in some of the developed countries. As far as the case of the developed countries is concerned, the book examine the issue in historical context and provide knowledge about the significant changes and transformation of child labour to child work and the contemporary reality relating to child labour and child work. It looks at the position of child workers from different angles and will considers the economic exploitation of children as one of the worst form of child labour. Further, it evaluates different employments of children in the light of a new international standard, the ILO convention 182 on Elimination of the Worst Forms of Child Labour, 1999. Hence, it tries to bridge the gaps between the past and present position of child workers and labourers and provides an in-depth study and comprehensive coverage of the problem and its possible solutions. It is hoped that the information and analysis in the book will raise awareness of the extremely difficult circumstances, which child workers are facing in the most hazardous and worst forms of child labour. It explores the needs and prospects for the future. It will also examine crucial issues for the protection of the child workers, the contemporary reality relating to child labour and different initiatives for controlling the economic exploitation of children and for the eradication of the worst forms of child labour. This book will make a substantial contribution to the understanding of the most appropriate and effective forum, mechanisms, strategies and instruments for the eradication of the worst forms of child labour in developing and developed countries.

 

Farkhanda Zia Mansoor is a Professor of Law at International Islamic University Islamabad Pakistan. Presently, she is a Research Fellow at the British Institute of International and Comparative Law working on the project for the protection of the rights of the child, she was also a visiting Research Fellow at Brunel University, West London.

Prior to joining the university as an academician, she successfully completed her professional apprenticeship as a lawyer and became an advocate in 1988. She was called to the Bar and became member of the Abbottabad Bar Association in the same year. In 1989 she joined International Islamic University Islamabad, Pakistan as a Lecturer of law. She possesses a PhD in Law and an LLM from the University of Hull, UK and LLM, LLB from IIUI. She is an experienced teacher and researcher and her field of interest is Labour law and International Law, particularly in Employment and Labour Law, International Core Labour Standards, and International Trade and Human Rights Law. Apart from this she also has an extensive research and teaching experience in Comparative aspect of English Law and Islamic Law.

She has published on the issues of core labour rights, human rights, and international trade law, in which her publications have appeared in international peer-reviewed journals. She is a Member of Society of Legal Scholars (SLS) in the United Kingdom and a Member of the Centre for Comparative Research on Change and Development (CCCD) at the University of Hull UK.

ISBN 10: 1 907174 11 7

ISBN 13: 978 1 907174 11 7

• Hardback • 2011 • £130.00