11. When Should Children Be Allowed to Work?
- Author:
- Lorenza Belinda Fontana
- Publication Date:
- 02-2018
- Content Type:
- Working Paper
- Institution:
- Weatherhead Center for International Affairs, Harvard University
- Abstract:
- When we think about child labor, what often comes to mind are images of dirty, poorly dressed children—digging in mountains of trash, carrying heavy loads of bricks or crops, or disappearing in dark mine tunnels. Yet working children are a heterogeneous group that also includes children helping out in domestic labor, family shops, or subsistence agriculture, and adolescents undertaking their first steps into the labor market. While child labor is generally perceived as bad for children and efforts toward its elimination are pursued by the international communities, in certain contexts—and particularly in countries of the Global South—this is a culturally accepted and sometimes prized practice, considered fundamental for basic household production. In certain countries, working children themselves have created unions and mobilized to ask for fairer labor conditions and greater protections rather than child labor elimination. These gaps between international and domestic views on child labor have made the task of regulating the issue under human rights law particularly challenging for international organizations. International human rights agreements have proliferated since the 1990s. They seek to encourage states to behave in ways that respect human rights and they play a major role in shaping ideas about how to conduct world politics. But despite their proliferation, we still have an incomplete understanding of how states respond to internationally agreed-upon charters of rights, why they respond the way they do, the circumstances under which rights treaties make a difference, and what that difference might be. Compliance tends to be understood in this debate in an either/or fashion: states either come into line with international human rights law or not. Legal anthropology and constructivist approaches to international relations sought to document the ‘translation’ or ‘socialization’ of human rights that shapes domestic compliance—by which they mean how international norms become attached to local issues that allow communities to ‘make sense’ of the norm—but they have not challenged the assumption that ‘compliance’ implies an alignment between domestic practices and international agreements.
- Topic:
- Human Rights, United Nations, Labor Issues, and Children
- Political Geography:
- Global South