Thesis Paper of Child Labor and Human Rights.

i
“Child Labor and Human Rights” Bangladesh Perspective

A research monograph submitted to the Department of Law, World University of Bangladesh in
partial fulfillment of requirements for the award of the degree of Master of Laws (1 Years).
Submitted By
Name: Abdur Rahman
Batch: 40th, Roll: 827
ID No: WUB 18/22/40/827
Program: L.L.M (1 year)
Department Of Law
World University of Bangladesh
Supervised By
Md. Mahmudul Hasan Raziv
Senior Lecturer & Coordinator
Department of Law
Department of Law
WUB
Date of Submission: 25-02-2023

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LETTER OF TRANSMITTAL
Date: 25th February, 2023

To
Senior Lecturer and Coordinator,
Department of Law,
Subject: Submission of Research Monograph on Child Labor and Human Rights -

Bangladesh Perspective.
Dear Sir,
I am hereby pleased to submit the research monograph on Child Labor and Human Rights-
It was a great pleasure to work on such an important topic. This research was assigned to me in
partial fulfillment of the requirements for the award of the degree Master of Laws (1 Year) from
World University of Bangladesh.
I believe that this research monograph will satisfy the university requirements. I would be very
happy to interpret any part of the research monograph if necessary.
Yours sincerely,
--------------------------
Name: Abdur Rahman
Batch: 40th
Roll: 827
ID No: WUB 18/22/40/827
Program: LL M (1 year)
Department Of Law,
ii
ACKNOWLEDGEMENT
I am extremely grateful to my Almighty God for his blessing kindness. I could not finish my
work on this research monograph if he did not make it possible.
I am thankful to my supervisor Md Mahmudul Hasan Razib, Senior Lecturer and Coordinator,

Department of Law, World University of Bangladesh, who guided me throughout the research
work. He provided me necessary resources for the research work and gave me important
guidelines.
-----------------------------
Name: Abdur Rahman
Batch: 40th
Roll: 827
ID No: WUB 18/22/40/827
Department of Law,
iii
DECLARATION
I do hereby solemnly declare that the work presented in this research monograph has been
carried out by me and has not been previously submitted to any other university or any institute
for academic qualification or professional degree. I hereby assure that the work that has been
presented here does not breach any existing copyright, Law.
I further undertake to indemnify the university against any loss or damage arising from any
breach of obligation.
Signature
-----------------------------
Name: Abdur Rahman
Batch: 40th
Roll: 827
ID No: WUB 18/22/40/827
Department Of Law,
World University of Bangladesh.
iv
CERTIFICATE
This is to state that the research monograph on ―Child Labor and Human Rights Bangladesh
Perspective‖ is the work done by Abdur Rahman, Roll No.: 827, ID No.: WUB 18/22/40/827,
Batch No.:40th, in partial fulfillment of the requirements for the award of the degree of Master of
Laws (1 Year) from World University of Bangladesh.
The research monograph has been carried out under my supervision and guidance.
Faculty Guide:
______________________
Senior Lecturer and Coordinator
Department Of Law,
v
ABSTRACT
―Every child is an artist; the problem is how to remain an artist once we grow up ―
– Pablo Picasso
Today's children are tomorrow's future. The children of today will make the World of
tomorrow. The way we bring them up will determine the future of the world‘ teaching the values
of life, discipline and culture can make them grow as responsible person of tomorrow, with
harmonious development of the personality. But child labor is increasing day by day globally,
which is bad for development, both that of the individual child, as well as of the society and
economy in which she, or he lives. Poverty and child labor are mutually reinforcing: because
their parents are poor, children must work and not attend school, and then grow up poor. Because
of no schooling, they become illiterate, which is completely violation of their human rights and
also threat for development as well as economy of the society.
KEYWORDS: Child labor, Poverty, Education, Hazardous work, Developing countries, Abuse
of human rights.
Table of Contents
SI No Descriptions Page No
01 Letter of Transmittal i
02 Acknowledgement ii
03 Declaration iii
04 Certification iv
05 Abstract v
Chapter- 01
Introduction
Definitions
SI No Description Page No
1.1 Introduction 1
1.2 Problem Statement 1-2
1.3 Objectives of the Study 2
1.4 Methodology of the Study 2-3
1.5 Limitation of the Research 3
1.6 Significance of the Research 3
1.7 Who is a Child 3-4
1.8 Human Rights of a Child 4-5
1.9 What is Child Labor 5
Chapter- 02
Causes and Classifications of Child Labor
Child Labor around the World
2.1 Reasons for Child Labor 6-10
2.2 Types of Childs Labor 10
2.2.1 Formal Sector 10
2.2.2 Informal Sector 11
2.2.3 Child Labor around the World 11-14
Chapter- 03
International Law Relating with Child Labor
3.1 International Law Relating with Child Labor 14
3.1.1 Global International Documentation 14-16
3.1.2 Regional Documentation 16-17
3.1.3 Specific Provisions in Other International and Regional Instruments 17-19
3.1.4 Child Protection and Placement Agreements 19

Chapter-4:
Child Labor in Bangladesh
Law Relating with Child Labor in Bangladesh
Effect of Child Labor
4.1 Child Labor in Bangladesh 19-23
4.2 Law Relating with Child Labor in Bangladesh 23-25
4.3 Effect of Child Labor 25-26
Chapter- 05
Initiatives and Recommendation
Conclusion
5.1 Initiatives against Child Labor in Bangladesh 27
5.2 Recommendation to Abolish child labor & Establish Human Rights 28
5.3 Findings 29
5.4 Suggestions 29-30
5.5 Conclusion 30
Description Page No
Bibliography 31-32
1
Chapter - 01
Introduction & Definitions
1.1 Introduction:
―A child can always teach an adult three things: to be happy for no reason, to be always busy with
something and know how to demand with all his might what you want.‖
– Paulo Coelho
Children generally have fewer rights and less responsibility than adults. They are There has a proverb
that, God views children as especially important in His classed as unable to make serious decisions, and
legally must be under the care of their parents or another responsible caregiver. It is the time to build their
future and make their life perfect with getting education. But Poverty is considered to be the root cause
of child labor, which make their life vulnerable. Due to poverty of their family many children are getting
involved with child labor. Child labor refers to the employment of children in any work that deprives
them of their childhood, interferes with their ability to attend regular school, and that is mentally,
physically, socially or morally dangerous and harmful. And such circumstances violate most of the
human rights which they possess because of being a child as well as human.
1.2 Problem Statement:

All over the world, children are being exploited through child labor. This mentally and physically
dangerous work interferes with schooling and long-term development—the worst forms include slavery,
trafficking, sexual exploitation and hazardous work that put children at risk of death, injury or disease.
Child laborers are vulnerable to abuse, and their families are often trapped in a cycle of poverty. In
extreme cases, children are forced to work under threat of violence or death. Children can fall ill and get
injured- injuries have been as severe as loss body parts. In these circumstances child laborers are often
deprived from their rights and opportunities, working in unfair conditions or circumstances that hinder
their development rather than stimulate it.
In Bangladesh, the problem of child labor is a socio-economic reality. This issue is enormous and cannot
be ignored. This study indicates the child labor increase in a developing country like Bangladesh and the
positive and negative effects of child labor on the society. Poverty is the main reason for the children to
become child laborers. The child labor problem has become one of the most striking issues in the
developing countries. Therefore, a need to identify the vulnerable children and point out their problems
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has come into the light. Many government and non-government organizations have taken several
progression steps to decrease child labor problem from the society. An attempt is made in this article to
present the socio-economic scenario of child labor in Bangladesh and to find out the ways in which child
labor can be decreased gradually.
1.3 Objectives of the Study:

The main objective of the research is to evaluate the existing conditions of child labor and human rights -
Bangladesh perspective. In view of the required inquiries this aim is reformulated into some specific
objective.
To review the existing conditions of theory of the main aim of the research is to evaluate the existing
conditions of judicial child labor and human rights in Bangladesh as well as over the world, especially in
the developing countries. In view of the required enquiries the same is reformulated into some specific
objectives. They are:
A) To review the existing condition of child labor around the world as well as in Bangladesh.
B) To analyze the existing circumstances of child labor in Bangladesh.
C) To analyze and assess the existing measures for ensuring child laborer‘s human rights.
D) To analysis how child laborer‘s human rights can be reconciled with prop execution of
existing laws cum regulations in Bangladesh.
E) To propose improvements of the conditions of child labor.
F) To give some suggestions regarding ensure human rights of these children in Bangladesh.
1.4 Methodology of the Study:

This research paper is not a basic one; it can be treated as a library-based experiment. To make the
research paper, the instructions given by the research supervisor have been followed. The study is quality
in nature and best on secondary source of materials like books, journal, articles, government rules
newspaper, report etc. relevant literature has also been collected through internet browsing. Firstly, the
necessary chapters have been selected. Then every possible effort was made to collect information
required for each chapter. The methodology followed throughout the research paper has been pointed out
below:
a) Planning the whole research paper;

b) Dividing the research paper into chapters Taking advice from honorable supervisor regarding
the collection of necessary information and Study materials;
c) Study and discussion with concerned supervisor;
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d) Screening the gathered information;
e) Screening the effective information that can be added in the paper.
1.5 Limitation of the Research:

The research entrance to find out the effect of child labor and ensuring their basic rights. As it has been
noted earlier, Poverty is the main reason for the children to become child laborers. The child labor
problem has become one of the most striking issues in the developing countries like Bangladesh. Even
after the revolution of science; child labor has been increasing day by day.
This study analysis what is the present situation of child laborer. This study analysis this situation
describing in the theory of law about child labor and their basic rights or human rights. However, this
study focuses only on the points about where the child labor, and related laws, its execution and
consequences of child labor. This study has been done to see the implication of child labor laws and
orders coordination. After considering related laws and orders theory and elements for ensuring child
laborer‘s human rights this study evaluates how far their human rights exist in Bangladesh.
The major limitation of the study is word limitation and other problems faced by the research there was
lack of secondary source. Being a very recent issue hardly and literature writing research or reports was
available. There for researchers found problem in collecting secondary data of academic nature.
1.6 Significance of the Research:

A) From of this research such people will be benefitted who does not have enough knowledge about child
labor and human rights Bangladesh perspective.
B) From this research people will know about child labor, their basic rights, relevant laws of child labor
and effect of child labor etc.
C) Child labor is becoming a burning issue because of abusing or violation of human rights of these
children of parties is increasing day by day. People can aware from these burning issues.
D) To aware the authority to make more proper provisions or regulations and its execution perfectly.
E) To secure human rights of those children.
F) To create public awareness.
1.7 Who is a Child?
Child is a human being between the stages of birth and puberty or between the developmental period of
infancy and puberty. In other words, Child is a young person especially between infancy and puberty.
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Though in many societies a child is considered as an adult after undergoing a rite of passage, which may
or may not correspond to the time of puberty, but the legal definition of child is not the same.
Legally, the term child may refer to anyone below the age of majority or some other age limit. In other
words, who does not attain majority is a childor minor. Various organizations as well as statutes of
various countries provide the definition of child. Some of these definitions are specified bellow-
According to the United Nations Convention on the Rights of the Child , "a child is a human being below
the age of 18 years unless under the law applicable to the child, majority is attained earlier‖. According to
the Children and Young Persons Act of Singapore, a child is someone under the age of 14 under the
"Children and Young Persons Act" whereas the age of majority is 21‖.
In accordance with United States of American Immigration Law, ―a child refers to anyone who is under
the age of 21‖. According to UNICEF,‖ a child is any person under the age of 18‖. In Bangladesh,
different laws provide different definition of a child. For instances,
According to the Employment of children Act of 1938 a child is not allowed to who is under the age of 12
years, in regular jobs, with the exception of apprentices. In the same case, in accordance with the
Factories Act, 1965, there is a prohibition of employment of children below the age of 14 years in any
factories. The age for admission to employment under different existing laws varies from 14 to 18 years
under the new labor law, enacted in 2006.
The United Nations Convention on the Rights of the Child defines a child as an individual less than 18
years old, where The Children Act of 1974 defines children as less than 16 years old individuals.
1.8. HUMAN RIGHTS OF A CHILD:
Human rights are standards that recognize and protect the dignity of all human beings. According to
Article 1 of the Universal Declaration of Human Rights,‖ All human beings are born free equal in dignity
and rights‖. Which implies that everyone everywhere has the same rights as a result of our common
humanity? We are all equally entitled to our human rights without discrimination. These rights are all
interrelated, interdependent and indivisible. So, the children possess equal rights and dignity in
everywhere. Children's rights are a subset of human rights with particular attention to the rights of special
protection and care afforded to minors.
A child has basic rights as human being to education, balance diet, health and nutrition, protection,
participation, recreation, safe water, sanitation and hygiene. Unfortunately, these rights of children are
violated in elsewhere in the world. The rights of children are violated due to poverty, ignorance, lack of
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social consciousness and discrimination. The majority of children are deprived of food, shelter, adequate
sanitation, information, and education.
Under international human rights law children have two types of human rights. They have the same
fundamental general human rights as adults. They also have special human rights that are necessary to
protect them during their minority. General rights operative in childhood includes the right to security of
the person, to freedom from inhuman, cruel, or degrading treatment, and the right to special protection
during childhood. Particular human rights of children include, among other rights, the right to life,
the right to a name, the right to express his views in matters concerning the child, the right to freedom of
thought, conscience and religion, the right to health care, the right to protection from economic and sexual
exploitation, and the right to education.
1.9. WHAT IS CHILD LABOR?
The term ―child labor‖ is often defined as work that deprives children of their childhood, their potential
and their dignity, and that is harmful to physical and mental development. It refers to work that: is
mentally, physically, socially or morally dangerous and harmful to children;
Child labor is work those harms children or keeps them from attending school. Around the world and in
the U. S., growing gaps between rich and poor in recent decades have forced millions of young children
out of school and into work. The International Labor Organization estimates that 215 million children
between the ages of 5 and 17 currently work under conditions that are considered illegal, hazardous, or
extremely exploitative. Underage
Children work at all sorts of jobs around the world, usually because they and their families are extremely
poor. Large numbers of children work in commercial agriculture, fishing, manufacturing, mining, and
domestic service. Some children work in illicit activities like the drug trade and prostitution or other
traumatic activities such as serving as soldiers.
The United Nations Children's Emergency Fund (UNICEF) defines child labour as any activity that
affects a child's health and education. Its definition also states that child labor is work that leads to
deprivation of childhood activities, exploitation and abuse.
The International Program on the Elimination of Child Labor (IPEC) defines employment and
economically active children as "paid and unpaid work in the formal and non-formal sectors of rural and
urban areas". This definition excludes children working in their own households.
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Chapter-2
Causes and Classifications of Child Labor
Child Labor around the World
2.1. Reasons for Child Labor:
Child labor plays a key role in supplementing their family‘s income. One of the main reasons for the high
prevalence of child labor is the burden of debt, which forces families to send their children to work. Low
literacy also rates compound the problem. The expert‘s view is that, the main reasons for the emergence
of child labor in bigger cities are unhealthy family life and economic deprivation. Poverty is often cited as
the main cause of child labor.
Children work because their survival and that of their families depend on it, and in many cases because
unscrupulous adults take advantage of their vulnerability. It is also due to inadequacies and weaknesses in
national educational systems. It is deeply ingrained in cultural and social attitudes and traditions. Poverty
is certainly the greatest single force driving children into the workplace. Income from a child's work is
felt to be crucial for his or her own survival or for that of the household.
It is widely believed that families will not be able to cope if their children do not work. In practice,
however, the poverty argument does not hold water. Precisely the opposite is true, child labor maintains
poverty.
Though the problem of child labor is massive due mainly widespread poverty but also due the social
context and its traditions, insufficient funding, school policies and poor parental support, etc also
influences child labor in the same context.
According to the International Labor Organization, poverty is the greatest single cause behind child
labor. For impoverished households, income from a child's work is usually crucial for his or her own
survival or for that of the household. Income from working children, even if small, may be between
twenty and forty percent of the household income. Other scholars such as Harsh on African child labor,
and Edmonds and Pavcnik on global child labor have reached the same conclusion.
Lack of meaningful alternatives, such as affordable schools and quality education, according to ILO, is
another major factor driving children to harmful labor. Children work because they have nothing better to
do. Many communities, particularly rural areas where between sixty to seventy percent of child labor is
7
prevalent, do not possess adequate school facilities. Even when schools are sometimes available, they are
too far away,
Difficult to reach, unaffordable or the quality of education is so poor that parents wonder if going to
school is really worth it.
They can find working in many export-oriented industries, including garments and footwear, glass
manufacturing, leather tanning, stone quarries, and gem stones. Many work unacceptably long hours,
often in unsafe conditions or with minimal respect for their rights.
According to the International Labor Organization (ILO), popular perceptions and local customs and
traditions, even when they are well-intended, also play an important part, such as:
A) The view that work is good for the character-building and skill development of children;
B) The tradition that children are expected to follow in their parents' footsteps in a particular
trade, and to learn and practice that trade at a very early age;
C) Traditions that push poor families into indebting themselves heavily for social occasions or
religious events, then relying on their children's work to pay off the debt. The phenomenon of
bonded labor, recognized as one of the worst forms of child labor, is still widespread largely
because of the vulnerability of poor families to such pressures;
D) The widely held view that girl children are less in need of education than boys, which leads to
them being taken out of school at an early age and placed in work at home, or sold into domestic
employment or sex work.
E) Child labor may be so deeply ingrained in local customs and habits that neither the parents nor
the children themselves realize that it is against the interests of children and illegal;
F) Children from large families are more likely to be at work than those from small families,
simply because the parents' income is quite insufficient to support a large family.
The availability and quality of schooling is among the most important factors:
A) many communities do not possess adequate school facilities;
B) Even where schools exist the education provided is often not perceived by children or their
parents to be a viable alternative to work. For many families, schooling is simply unaffordable.
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Even when it is "free" it involves a perceived opportunity cost of the income foregone when a
child is at school rather than at work;
C) The education provided is frequently of poor quality, and/or perceived by the parents and the
children themselves to be irrelevant to local needs and conditions. It is hardly surprising therefore
that they see no point in attending school;
D) Traditional views prevail that girls are better prepared for adult life by sending them to work
than by investing in their education;
E) As a result of the above factors, vast numbers of children enter early into the unskilled labor
market. They are frequently illiterate and remain so throughout their lives, and they lack the basic
educational grounding which would enable them to acquire skills and to improve their prospects
for a decent adult working life.
The followings can be also mentioned as the main reasons for child labor:
A) Poverty and unemployment levels are high:
Poor children and their families may rely upon child labor in order to improve their chances of
attaining basic necessities. More than one-fourth of the world's people live in extreme poverty,
according to 2005 U.N. statistics. The intensified poverty in parts of Africa, Asia, and Latin
America causes many children there to become child laborers.
B) Access to compulsory, free education is limited:
In 2006, approximately 75 million children were not in school, limiting future opportunities for
the children and their communities. A 2009 report by the United Nations estimated that achieving
universal education for the world's children would cost $10-30 billion -- about 0.7% - 2.0% of the
annual cost of global military spending.
C) Existing laws or codes of conduct are often violated:
Even when laws or codes of conduct exist, they are often violated. For example, the manufacture
and export of products often involves multiple layers of production and outsourcing, which can
make it difficult to monitor who is performing labor at each step of the process. Extensive
subcontracting can intentionally or unintentionally hide the use of child labor.
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D) Laws and enforcement are often inadequate:
Child labor laws around the world are often not enforced or include exemptions that allow for
child labor to persist in certain sectors, such as agriculture or domestic work. Even in countries
where strong child labor laws exist, labor departments and labor inspection offices are often
under-funded and under-staffed, or courts may fail to enforce the laws. Similarly, many state
governments allocate few resources to enforcing child labor laws.
E) National Laws Often Include Exemptions:
For examples,
In Bangladesh- specifies a minimum age for work but sets no regulations on domestic work or
agricultural work.
In Nepal- minimum age of 14 for most work but plantations and brick kilns are exempt.
In Kenya- prohibits children under 16 from industrial work but excludes agriculture.
F) Workers‘ rights are repressed:
Workers‘ abilities to organize unions affect the international protection of core labor standards,
including child labor. Attacks on workers‘ abilities to organize make it more difficult to improve
labor standards and living standards in order to eliminate child labor. For example, in 2010, 5,000
workers were fired and 2,500 workers were arrested as a result of their union activity, according
to the International Confederation of Free Trade Unions.
G) The global economy intensifies the effects of some factors:
As multinational corporations expand across borders, countries often compete for jobs,
investment, and industry. This competition sometimes slows child labor reform by encouraging
corporations and governments to seek low labor costs by resisting international standards. Some
U.S. legislation has begun to include labor standards and child labor as criteria for preferential
trade and federal contracts. However, international free trade rules may prohibit consideration of
child labor or workers‘ rights.
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The effects of poverty in developing countries are often worsened by the large interest payments
on development loans. The structural adjustments associated with these loans often require
governments to cut education, health, and other public programs, further harming children and
increasing pressure on them to become child laborers.
F) Debt and Child Welfare:

The example of Sub-Saharan Africa
Though the region receives $10 billion in aid per year, it loses more than $14 billion in debt
payments annually.
In Malawi, the country spends 40% of its GDP to repay foreign creditors, while only 15% of
GDP is spent on healthcare and education combined.
2.2. Types of Childs Labor:
There have two sectors for child labor. Namely:
2.2.1 Formal Sector:
Most child laborers are employed in the informal sector. These forms of labor are hard to regulate and
monitor. The most common forms of work are agriculture, in rural areas, and domestic service, in urban
areas. The majority of all child laborers in Bangladesh work in agriculture. Agricultural activities include
poultry farming, drying fish, salt mining, shrimp farming and produce logistics. Children in agriculture
use dangerous tools, carry heavy loads, and apply harmful pesticides. Many of these children are
employed by their families as extra hands in the fields or sent out to work for their own food. They often
work long hours with little to no pay and endure dangerous conditions that result in many health issues.
Children, mostly girls, work as domestic servants in private households in Bangladesh. Domestic child
laborers work long hours and subject to harassment, emotional, physical, and sexual abuse. The majority
of children working as domestic works are employed seven days a week and live in the home they serve.
Separation from family and working in private homes often results in the abuse and exploitation of these
children. They endure harsh working conditions that cause psychological stress, physical strain, and
health issues with little pay or compensation in the form of food, clothing, and shelter. Because domestic
service occurs in the home, it is often not considered economic work. Therefore, there are minimal
regulations for fair working conditions and wages.
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2.2.2 Informal sector:
The garment industry is the largest employer of child labor in the formal sector. The industry expanded
rapidly from 1983 to 1999, becoming the country's largest source of export earnings. Bangladesh is in the
top ten largest garment exporters in the world. The garment industry not only increased economic earning
but also increased available jobs in urban settings, especially for women. As a result, the incidence of
child laborers in urban areas increased. The majority of laborers in the garment industry hired are girls
and women. Bangladesh garment factories have been accused of forcing girls as young as 13 to work up
to 11 hours a day to produce garments for western retailers.
Children in this industry work around 10 hours a day for about 12 U.S. dollars a month. Children are also
exposed to various health and safety hazards. Garment shops are at great risk of fires due to blocked fire
exits, poor crowd control, and lack of fire safety precautions. Working in garment shops also exposes
children to dangerous chemicals and heavy machinery. These exposures to safety hazards can lead to
various health issues ranging from cuts and bruises to musculoskeletal disorders.
2.3. Child Labor across the World:
The International Labor Organization defines child labor as work that is mentally, physically, socially or
morally dangerous and harmful to children; and interferes with their schooling by:
a) Depriving them of the opportunity to attend school;
b) Obliging them to leave school prematurely; Or
c) Requiring them to attempt to combine school attendance with excessively long and heavy
work.
By naturally the children are human beings who need moldings to become adults through learning and life
experiences. But the following data relating with child labor illustrate a heartbreaking reality which must
need to be ended. Namely:
A) 152 million children worldwide are victims of child labor, among them 88 million are boys
and 64 million are girls.
B) Girls may be more present in less visible and therefore under-reported forms of child labor
such as domestic service in private households, and girls are much more likely than boys to
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shoulder responsibility for household chores, a form of work not considered in child labor
estimates.
C) Girls who leave school early do so disproportionately to undertake responsibility for chores
within their own homes, while boys are more likely to leave school prematurely in order to join
the labor force.
D) 48 percent of all victims of child labor are aged five to eleven years.
E) Almost half of child labor victims about 73 million children work in hazardous child labor;
more than one-quarter of all hazardous child labor is done by children less than 12 years old
amounting of 19 million children.
E) Almost half of child workers are in Africa, it‘s about 72.1 million, 41 percent which is 62.1
million children are in Asia and the Pacific.
F) 71 percent of child labor takes place in agriculture, which includes fishing, forestry, livestock
herding and aquaculture.
G) 19 percent of child labor victims live in low-income countries; 2 million victims live in high-
income countries.
H) There is a strong correlation between child labor and situations of conflict and disaster. The
incidence of child labor in countries affected by armed conflict is 77 percent higher than the
global average; the incidence of hazardous work is 50 percent higher.
I) Forced labor is thought to generate around $150 billion a year in illegal profits.
J) More than two-thirds of all children in child labor about 69.1 percent work as contributing
family laborers on family farms and in family enterprises, not in an employment relationship with
a third-party employer.
K) Children forced by their household circumstances or other factors to leave school prior to their
fifteenth birthday are less likely to ever find jobs and those who do find jobs take much longer to
do so.
L) Former child laborers are much more likely to have only primary education or less.
13
M) Young persons who worked as children, up to the age of 15, are more likely to be in low-
paying jobs.
Globally child labor is still common in many parts of the world. Estimates for child labor vary. It ranges
between 250 and 304 million, if children aged five to seven involved in any economic activity are
counted. If light occasional work is excluded, ILO estimates there were 153 million child laborers aged 5–
14 worldwide in 2008. This is about 20 million less than ILO estimate for child laborers in 2004. Some 60
percent of the child labor was involved in agricultural activities such as farming, dairy, fisheries and
forestry. Another 25% of child laborers were in service activities such as retail, hawkinggoods,
restaurants, load and transfer of goods, storage, picking and recycling trash, polishing shoes, domestic
help, and other services.
The remaining 15% labored in assembly and manufacturing in informal economy, home-based
enterprises, factories, mines, packaging salt, operating machinery, and such operations. Two out of three
child workers work alongside their parents, in unpaid family work situations. Some children work as
guides for tourists, sometimes combined with bringing in business for shops and restaurants. Child labor
predominantly occurs in the rural areas (70%) and informal urban sector (26%).
Contrary to popular belief, most child laborers are employed by their parents rather than in manufacturing
or formal economy. Children who work for pay or in-kind compensation are usually found in rural
settings as opposed to urban centers. Less than 3% of child labor aged 5–14 across the world work outside
their household, or away from their parents.
Child labor accounts for 22% of the workforce in Asia, 32% in Africa, 17% in Latin America, 1% in the
US, Canada, Europe and other wealthy nations. The proportion of child laborers varies greatly among
countries and even regions inside those countries. Africa has the highest percentage of children aged 5–17
employed as child labor, and a total of over 65 million. Asia, with its larger population, has the largest
number of children employed as child labor at about 114 million. Latin America and the Caribbean region
have lower overall population density, but at 14 million child laborers has high incidence rates too.
According to the United Nations International Emergency Children‘s Fund, the Resolution concerning the
measurement of working time sets the threshold for economic activities at fourteen hours or more hours
per week for children aged twenty to fourteen years, but does not specify precise thresholds for unpaid
household services due to a lack of evidence that would support such a threshold.
Since then, UNICEF and ILO have both conducted data analyses to support the establishment of a
threshold for the inclusion of unpaid household services in the measurement of child labor. The results of
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these analyses were presented at the 19th ICLS, which took place in Geneva in October 2013.UNICEF‘s
standard indicator for child labor includes the following data:
A) Age 5 to 11 years: At least 1 hour of economic work or 21 hours of unpaid household services per
week.
B) Age 12 to 14 years: At least 14 hours of economic work or 21 hours of unpaid household services per
week.
C) Age 15 to 17 years: At least 43 hours of economic work per week.
Chapter-3
International Law Relating with Child Labor
3.1. International Law Relating with Child Labor:

The international community has established a global consensus against child labor through a series of
widely-ratified conventions and national laws.
International Conventions create a global legal framework for protecting children from child labor.
International laws, regulations relating with child labor may be classified under followings category,
namely:
1. Global International Documentation;
2. Regional Documentation;
3. Specific Provisions in Other International and Regional Instruments; And
4. Child Protection and Placement Agreements.
3.1.1 Global International Documentation:
The followings global international documents have been adopted which are relating with international
labor law:
A) Declaration of the Rights of the Child 1959:

15
The Preamble notes that children need special safeguards and care, including appropriate legal protection,
before as well as after birth. It also pledged that ―mankind owes to the child the best it has to give and
specifically calls upon voluntary organizations and local authorities to strive for the observance of
children‘s rights. The key principles of it is that a child is to enjoy special protection as well as
opportunities and facilities, by law and by other means for healthy and normal physical, mental, moral,
spiritual, and social development ―in conditions of freedom and dignity.
B) Minimum Age Convention1973:

The aim of the Minimum Age Convention is to establish a general instrument on the subject of the
minimum age of employment with a view to achieving the total abolition of child labor.
C) United Nations Convention on the Rights of the Child 1989:

This Convention is the most comprehensive document on the rights of children. Based purely on the
number of substantive rights it sets forth, as distinct from implementation measures, it is the longest U.N.
human rights treaty in force and unusual in that it not only addresses the granting and implementation of
rights in peacetime, but also the treatment of children in situations of armed conflict. It is also significant
because it enshrines for the first time in binding international law, the principles upon which adoption is
based, viewed from the child‘s perspective
D) Optional Protocols to the CRC on Sex Trafficking Armed Conflict:
The United Nations adopted two protocols to the CRC in 2000.These Optional Protocol to the CRC are:
-On the Sale of Children;
- On Child Prostitution;
-Child Pornography 2000 (Sex Trafficking Protocol);
-The Optional Protocol to the Convention on the Rights of the Child;
-On the Involvement of Children in Armed Conflict (Child Soldiers Protocol):
-The Child Soldiers Protocol.
The Sex Trafficking Protocol addresses the problem of sex trafficking, one among many purposes for
which children are bought and sold for:
A) Forced labor; or
B) Adoption; or
C) Participation in armed conflicts, or
D) Participation in marriage; or
E) Participation in organ trade; or
F) The Child Soldiers Protocol.
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These are provisions against child trafficking, sexual exploitation, and abuse. The Preamble of it‘s also
reflects CRC language in regard to protecting children from economic exploitation and performance of
hazardous or harmful work. The CRC also recognizes that a number of particularly vulnerable groups,
including girl children, are at greater risk of sexual exploitation and are disproportionately represented
among the sexually exploited, and expresses concern over ―the growing availability of child pornography
on the Internet and other evolving technologies. And the STP defines and prohibits the sale of children,
child prostitution, and child pornography; obliges States Parties to make certain acts punishable under
their criminal law; sets forth the bases for States Parties to assert jurisdiction over actionable practices,
and strengthens their ability to pursue extradition of offenders.
3.1.2 Regional Documentation:
The followings are the main regional documents regarding with international child labor law.
Namely:
A) African Charter on the Rights and Welfare of the Child, 1990.
B) European Convention on the Exercise of Children‘s Rights, 1996.
A) African Charter on the Rights and Welfare of the Child 1990:
In Africa, the first regional treaty on children‘s rights adopted on the 1979 Declaration on the Rights and
Welfare of the African Child, but most of its provisions are modeled after those of the CRC. The main
difference lies in the existence of provisions concerning children‘s duties in line with the African Human
Rights Charter. It‘s Preamble states that the child occupies a unique and privileged position in the African
society and requires legal protection as well as particular care with regard to health, physical, mental,
moral and social development. According to this Charter child is defined as every human being below the
age of 18 years. The ACRWC sets forth the principles of non-discrimination and the best interests of the
child and also provides that children have an inherent right to life, protected by law and the death
sentence is not to be applied to crimes committed by children. Children have a right to a name and
nationality as well as to freedom of expression, association and peaceful assembly; thought, religion, and
conscience; privacy; education; and rest and leisure. According to Article 13 and 14 of this Charter,
special measures of protection are to be taken for handicapped children and children should enjoy
physical, mental, and spiritual health.
In accordance with the provision of this charter, Children should also be protected against all forms of
economic exploitation and from performing work likely to be hazardous and against all forms of torture,
maltreatment, and; harmful social and cultural practices and all forms of sexual exploitation or abuse and
the use of narcotics and illicit drugs as well as abduction, sale, trafficking, and use in begging.
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B) European Convention on the Exercise of Children’s Rights, 1996:

The European Convention on the Exercise of Children‘s Rights (ECECR) stresses in the Preamble the
aim of promoting the rights and best interests of children to that end, it states that children should have
the opportunity to exercise their rights, particularly in family proceedings affecting them; they should be
provided with relevant information and their views should be given due weight and where necessary. Its
Preamble mentions that States as well as parents should engage in the protection and promotion of those
rights and best interests.
3.1.3 Specific Provisions in Other International and Regional Instruments:
Followings are the Provisions in Other International and Regional Instruments regarding with
international child labor law:
A) Universal Declaration of Human Rights 1948:

The Universal Declaration of Human Rights contains two articles that specifically refer to
children. According to Clause 2 of Article 25, motherhood and childhood are entitled to special care and
assistance. All children whether born in or out of wedlock shall enjoy the same social protection. And
Article 26 calls for the right to education for all, and deals both with access to and the aims of education.
B) International Covenant on Economic, Social and Cultural Rights 1966:

The Preamble to the International Covenant on Economic, Social and Cultural Rights in so far as it
recognizes the indivisibility of human rights, is applicable to children‘s rights as well. Thus, it notes that
recognition of the inherent dignity and of the equal and inalienable rights of all members of the human
family is the foundation of freedom, justice and peace in the world and that ―these rights derive from the
inherent dignity of the human person. Specific references to children are found in articles 10 and 12. It
further stipulates that special measures of protection and assistance should be taken on behalf of the
young without any discrimination; that they should be protected from economic and social exploitation;
that employing them in morally or medically harmful or dangerous work or in work likely to hamper their
normal development should be punishable by law; and that age limits should be set below which the paid
employment of child labor is prohibited and punishable by law.
The ICESCR also provides for the right of everyone to education and stipulates primary education shall
be compulsory and available free to all.
C) The International Covenant on Civil and Political Rights, 1966:
The International Covenant on Civil and Political Rights contains general provisions from which children
are entitled to benefit as well as certain specific provisions on safeguards for children in the
administration of justice and as members of a family unit. Article 2 obliges States Parties to respect and to
18
ensure to all individuals within its territory and subject to its jurisdiction, the rights recognized in the
ICCPR without distinction of any kind, to adopt laws to give effect to those rights and to provide effective
remedies where there are violations. Clause 1 of Article 14 incorporates a more specific reference to
rights of the young, any judgment rendered in a criminal case or in a suit at law shall be made public
except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial
disputes or the guardianship of children. It also contains that criminal proceedings should take account of
age and the desirability of promoting their rehabilitation and the penal system should segregate juvenile
offenders from adults and accord them treatment appropriate to their age and legal status.
As like the ICESCR, ICCPR also recognizes the family as entitled to societal and state protection and so
States Parties are to respect the liberty of parents to ensure their children‘s religious and moral education
in conformity with their own convictions in within its provision.
D) European Convention on Human Rights 1950:

The Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the
European Convention on Human Rights which is the first international human rights agreement to
establish supervisory and enforcement machinery, obliges States Parties to secure everyone within their
jurisdiction the rights and freedoms it sets forth. It provides on the lawful procedures for depriving a
minor of his or her liberty, permits the lawful detention of a minor for the purpose of educational
supervision or for bringing him before the competent legal authority
E) African Charter on Human and People’s Rights 1981 (Banjul Charter) and Protocol:
This Charter also an important document on the international labor law. The African Charter on Human
and People‘s Rights or the Banjul Charter encompasses civil and political as well as economic, social, and
cultural rights. In regard to children, it emphasizes the rights of the family and of duties towards the
family rather than the rights and duties of individual family members, which can be viewed as a reflection
of African customary law.
F) American Convention on Human Rights:
The American Convention on Human Rights obliges States Parties to respect the rights and freedoms
recognized in its provisions and to ensure to all persons subject to their jurisdiction the free and full
exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex,
language, religion, political or other opinion, national or social origin, economic status, birth, or any other
social condition.
G) Convention on the Elimination of all Forms of Discrimination against Women 1979:

The Convention on the Elimination of All Forms of Discrimination against Women has been described as
an international bill of rights for women. It defines what constitutes discrimination against women and
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establishes an agenda for States Parties to act to end it. The Preamble, in invoking the Universal
Declaration of Human Rights, notes its affirmation of the principle of the inadmissibility of
discrimination and its proclamation that all human beings are born free and equal in dignity and rights and
that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind,
including distinction based on sex compulsory.
3.1.4 Child Protection and Placement Agreements:
The international instruments provided as Child Protection and Placement Agreements are:
A) Hague Convention on Jurisdiction, etc., for the Protection of Children 1996;

B) European Convention on the Adoption of Children 1967;
C) Inter-American Convention on Conflict of Laws Concerning the Adoption of Minors 1984;
D) Hague Convention on the Protection of Children in Inter-country Adoption 1993;
E) The European Convention Concerning the Custody of Children 1980;
F) Worst Forms of Child Labor Convention 1999.
Chapter-4
Child Labor in Bangladesh
Law relating with Child Labor in Bangladesh

Effect of Child Labor
4.1. Child Labor in Bangladesh:
Child labor in Bangladesh is very common thing. In Bangladesh child workers are less expensive than
adult workers, which influence child labor. Most of the employers consider children capable of hard
work, easy to control, and less demanding. Some reserve dirty or low status works for children because
adults are unwilling to do them. The rates of child labor are higher among boys than girls, it is about
17.5% vs. 8.1% and slightly higher among children living in rural areas relative to those in urban areas.
Child labor is also exceptionally high in the indigenous communities, which is up to 18%. About forty-
five percent of child laborers do not get opportunity of schooling. A large proportion of children‘s works
such as domestic work, commercial sex work, and smuggling in Bangladesh are hidden and therefore
unlikely to be captured in the official figures.
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According to the UNICEF, in Bangladesh children also provide services that are unlikely to be defined as
work, such as:
a) Housework,
b) Caring for younger children,
c) Running household errands,
d) Collecting water and fuel wood,
e) Looking after livestock, and
f) Contributing to household crop production.
According to the experts, in Bangladesh poverty is the main reason of child labor. Poverty is strongly
positively correlated with child labor. Free and compulsory education of good quality up to age 20 year to
enter into employment is a key tool in preventing child labor. Poverty is multidimensional and can be
considered from different perspective as follows:
a) Absolute and relative poverty,
b) Below $1.00 per person per day poverty,
c) Human poverty,
d) Human dignity or human rights-based approach to poverty,
e) Poverty and squared poverty gaps,
f) People‘s own perception-based poverty, and
g) Endemic or widespread and sudden poverty.
In Bangladesh the children of poor families suffer from hunger and mental agony which harms a child‘s
development in every side. Many of the children from these families have to go in works instead of going
to school, which is completely violation of child human rights. About forty percent of the siblings and the
children in Bangladesh are earning members of the family. Some of them are involved in unskilled
manual works such as:
a) rickshaw-pulling, which is amounting seventeen percent?
b) Day labor (about eighteen percent),

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c) Parents‘ household.
d) Agricultural activities (ten percent) etc.
He found that children in rural Bangladesh contribute to their family‘s income as early as five years of
age. The Government of Bangladesh estimates that about 6.6 million children whose ages are between 5-
and 14-years work in various sectors of the 22.8 million work places.
Research has been revealed that, working children engaged in two hundreds of different types of
activities, of which 49 were regarded as harmful to children‘s physical and mental well-being. Child
workers represent about 12% of the total labor force of the country. Many children workers c) transport
work (twelve percent),
In accordance with the conception of International Labor Organization, child labor is declining in other
southern Asian countries but it has been increasing in Bangladesh which is a failure of both Government
and civil society. In 1977, Cain first focused on children‘s work activity in rural Bangladesh. He studied
the economic contributions of children to the household economy and attempted to determine their
productivity while living as subordinate members of there are not paid regular wages and sometimes are
paid very low wages. Most of the cases the girl workers are not paid and the employers only pay food of
low qualities, especially in domestic works in rural areas.
Because of the emergence and widespread of garment industry, child labor increased alarmingly in this
industry in Bangladesh during the 1980s. In 1990s garment factories topped the list with the highest
numbers of child laborers, then the USA and other foreign buyers refused to import garments from
Bangladesh as long as child labor was being used by this industry. After this situation the Bangladesh
Garment Manufacturers and Exporters Association (BGMEA) sign the Memorandum of with
International Labor Organization (ILO) and UNICEF.
In accordance with those agreements, those garment factories dismissed many children immediately from
their job which is about fifty thousand children immediately but later these Dismissed children compelled
to join in more hazardous and exploitative occupations than the garment industry .Most the dismissed
girls faced vulnerable consequence because of such dismissal. Like:
a) Some of the dismissed girl laborers were victim of child marriage,
b) Some were trafficked in the Middle East, India, Pakistan and other counties of the world,
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c) Some took the domestic works and others became laborers in the risky and more difficult jobs.
But either the Government or the BGMEA took any steps to assist for these dismissed poor laborers.
An increase in working hours increased the likelihood of health complications, children working in more
hazardous sectors face more health problems than those working in comparatively less hazardous sectors,
and children that enter into work at an early age face more health complications than those are entering
work at an older age. Many child workers actually like their work and take a lot of pride in what they do,
though many of them do not realize the negative long-term effects of their early work have.
The total amount of child workers are 2.89%, who are engaged in house hold activities or domestic
services. Those girl children who work in domestic as maid are also subjected to sexual abuse, harassment
and torture. When money or any valuable things or ornaments are missing from those houses, the blames
come first to the domestic workers and are tortured mercilessly. But the shame thing is that in most of the
cases they are innocent. These children have to work from morning to mid-night without any break and
find very low qualities of food and also very low qualities of dresses.
In Bangladesh SHOISHOB is a social organization, which is working with child domestic labor.
SHOISHOB mentions that there are between 250,000 and 300,000 resident child servants in Dhaka city
and more than twenty percent of child domestic workers were between five and ten years old. Children
are used in stone breaking in the construction industry in Bangladesh. In this sector about all employers
eager to employ the children, as these risky works are often avoided by the adults with low wages.
According to SHOISHOB, thirty percent of construction workers are children. The total number of cheap
rate cigarette factory known as Bide child laborers are exceeding fifteen thousand, where normally they
have to work from morning to night.
Child labor also can be found in agriculture, poultry breeding, fish processing, and the leather industry, as
well as in shoe and bag production. Children are involved in jute processing, the production of candles,
soap and furniture. They work in the salt industry, the production of asbestos, bitumen, tiles and ship
breaking.
According to the latest National Child Labor Survey report that, while important achievements in the fight
against child labor continue to be made in Bangladesh, some 1.2 million children are still trapped in its
worst forms. With support from various donors, ILO has been working to eliminate child labor in
Bangladesh since 1994 through its International Program on the Elimination of Child Labor (IPEC). In
addition to government counterparts, IPEC has worked with employers and workers organizations,
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research organizations and academics, civil society actors as well as a wide range of NGOs to implement
various projects and activities. About 75,000 child laborers have directly benefited from these
interventions.
4.2. Law Relating with Child Labor in Bangladesh:
Like many other countries Bangladesh also adopted many laws relating with child labor in accordance
with the provision of existing international instruments in this regard. But there is a lack of harmony
among laws that uniformly prohibit the employment of children or set a minimum age for employment.
In Bangladesh, Child labor laws are basically British laws. In 1700‘s during the Industrial Revolution in
Great Britain child labor became a serious social problem. This problem also extended to those countries
which became industrialized. Child labor practices were condemned by social reformers because it was
detrimental to the health as well as children‘s welfare. Certainly Charles Dickens‘ novel Oliver Twist
(1837-1839) was the inspiring source of passing laws and regulations for child labor. Different laws and
regulations were passed by the British relating to children as well as child labor. Bangladesh inherited all
those laws and regulations as it was a British colony under the Indian Sub-continent. There are some
laws, ordinances and rules to regulate employment of child labors in respect of age, working hours,
working conditions, economic exploitation, harmful effects of work on growth and development etc.
Laws relating to child labor in Bangladesh are mentioned bellow. These are:
The Employment of Children Act of 1938:

The Act provides regulation for the employment of children in certain industrial establishments. The Act
provides prohibition of the employment of children below 15 years in the transport of passengers, goods
or mails by railway and the handling of goods within the limits of any port. According to the Act, no child
who has completed 15 years but not 17 years shall be employed or permitted to work in the aforesaid
occupations unless the periods of work of such child for any day are so fixed as to allow an interval of
rest for at least twelve consecutive hours which shall include at least such seven consecutive hours
between 10 pm and 7 am.
The Act also provides that no child below 12 years shall be employed or permitted to work in any
workshop where in any of the processes like bidi making, carpet making, cement manufacturing, cloth
printing, dyeing, weaving, manufacture of matches, explosives and fire work, soap manufacture, tanning,
mica cutting and splitting, shellac manufacture and wood clearing is carried on. The Act contains
provision of punishment for employer permitting or employing children to work.
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The Mines Act, 1923:

According to the Act ‗child‘ means a person who has not completed 15 years and ‗young person‘ means a
person who has completed 15 but not 17 years of age. Under the Act no child shall be appointed in a mine
or allowed to be present in any part of the mine which is below the ground.
According to the same Act, unless a certificate of fitness granted by the medical practitioner is in the
custody of the manager of the mine, a young person shall not be employed in any part of the mine. And
no such young person is permitted to work in the mine during the period between 7 p.m. and 7 a.m.
The Children Act, 1933:
This Act prohibits the pledging of the labor of children. In this Act child means a person of under 15
years. An agreement, written or oral, express or implied, whereby the parent or guardian of a child in
return for any payment or benefit received by him, undertake to cause or allows, the services of the child
to be utilized in any employment is void. The Act provides for penalty for parent or guardian making
agreement to pledge the labor of a child. It also provides for penalty for the persons for making with a
parent or guardian an agreement to pledge the labor of a child and also for penalty for employing a child
whose labor has been pledged.
The Factories Act, 1965:
The Act regulates the employment and working conditions of workers as well as children and adolescents.
Here the term ‗child‘ means a person who has not completed 16 years and ‗adolescent‘ means a person
who has completed 16 but below the age of 18 years. According to the Act, no child below 14 years shall
be required or allowed to work in any factory. The Act also provides that a child who has attained 14
years of age or an adolescent shall not be required or permitted to work in any factory unless a certificate
of fitness granted by a certifying surgeon is in the custody of the manager of the factory and unless such a
child or adolescent carries a token while he is at work, giving reverence to such certificate. The certifying
surgeon may renew the fitness certificate and such certificate remains valid for 12 months
The Shops and Establishments Act, 1965:
The Act deals with holidays, payment of wages, leaves, working hours and other related matters
concerning the workers employed in shops, commercial and industrial establishments but not being
factories. According to the Act, ‗child‘ means a person who has completed the age of 12 years and young
person means who is not a child and has not completed the age of eighteen. The Act provides instruction
that no young person shall be employed in any establishment except with the permission of the Chief
Inspector, otherwise than between 7 a.m. and 8 p.m. The Act prescribes penalties for its violation.
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The Tea Plantation Labor Ordinance, 1962:

According to the ordinance, ‗child‘ means a person who has not completed the age of 15 years and
‗adolescent‘ means a person who has completed 15 but not 17 years. It also provides that a child of 12
years age or an adolescent shall not be permitted to work in any plantation unless a certificate of fitness is
granted by a certifying surgeon. Such fitness certificate shall be valid for 12 months and it may be
renewed. Any contravention of the provisions by an employer shall be a punishable offence liable for
imprisonment or fine or both.
The Road Transport Workers Ordinance, 1961:
According to the Ordinance no person other than a driver, shall be employed in any road transport service
before attaining 18 years of age and in case of driving a vehicle before attaining 21 years. The Ordinance
further provides that no worker shall be employed on a vehicle for more than five hours at a time before
he has had an interval for rest of at least half an hour or for more than eight hours before he has had at
least two intervals like (i) for more than nine hours in a day, and (ii) for more than forty-eight hours in a
week.
Some limitations are also found in the existing legislation. Most of the legislation covers only the formal
sector. But a vast majority or working children are found in the informal sector like agriculture, domestic
service, small business-like street trading, home-based work and self-employment in many other
unorganized or informal sectors. In Bangladesh Journal of Law Bangladesh, as children mainly work in
informal undertaking both in rural and urban areas, so any legislation to ban child labor will be almost
impossible to enforce.
Most of the existing laws of Bangladesh were codified in the late 19th and early 20th centuries under the
British Imperialism. Since the existing legislations relating to child labor are century-old, these should be
amended and new laws consistent with the present socio-economic condition should introduce. Laws
should be framed strictly and executed accordingly, because, they would remain paper-tigers without
proper execution.
4.3. Effect of Child Labor:
Most of the child laborers work in hazardous conditions such as direct contact to pesticides, chemicals,
dusts and carcinogenic agents in agriculture, mining and quarrying, and manufacturing. These increase
the risks of developing bronchial complaints, cancers and other form of life-threatening diseases. Child
labor may include operating precarious machinery; heavy lifting, repetitive tasks and poor posture that
increase the chances of musculoskeletal problems in later life. Similarly, children involved in industries
like garbage recycling and waste management work in an unprotected environment and as a consequence
26
are exposed to many dangerous materials such as; broken glasses, sharps, rotten food and other that can
cause serious and permanent health consequences.
Working can also impact a child‘s social development because the child spends time doing labor instead
of with peers in social play, learning how to interact properly. Even adolescents who work are impacted
negatively. Teenagers, who spend more than 20 hours per week working, are at a higher risk to develop
problematic social behaviors like drug abuse and aggression. The risks also impact their educational
development as they are more likely to perform poorly in school and drop out of the little education, they
are privy to. Child labor also affects the overall social development of children, since they do not get to
spend time with others their own age or even enough time with family members. Children need to build
personal positive relationships in order to thrive and feel confident. Spending long hours at work, even
part-time, prevents the children from properly developing these relationships, leading to insecure adults
who are also at risk for other emotional problems.
Children who work also experience isolation and depression, which often prevents them from continuing
to develop healthy emotions as they grow, and can lead to many physical effects. They are at higher risk
for developmental delays as a result of the high health risks both from dangerous working conditions and
from taking on physical tasks that are too advanced for them. Children who labor intensely are often
smaller than those who are allowed to play and grown naturally. They are also at a higher risk for
illnesses such as respiratory illnesses and are exposed to harmful chemicals that can also affect their
physical development. Often, these children also suffer from malnutrition which leads to other serious
health and mental conditions later in life.
Even child labor also leads children to get involvement with illegal activities, drugs etc. In recent days,
we can see that many child laborers are involved with serious offences like, murder, theft, robbery, drugs
dealings etc.
Taking a look at the reality of the lives of working children reveals both the dangers for children and the
potential negative consequences of child labor to the development process. Working long hours with
heavy and dangerous equipment, lack of nutritious food, lack of access to education and recreation,
regular verbal and physical abuse and exploitation at their work place and sometimes by their family, and
regular injury hinder their physical and psychological growth. Clearly, such conditions impede a child‘s
development to a human being that is capable of using its potentials for his/her own or the society‘s well-
being.
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Chapter-5
Initiatives and Recommendations
Conclusion
5.1 Initiatives against Child Labor in Bangladesh:
Following initiatives have taken in Bangladesh in order to abolish child labor and secure their basic
rights:
A) The Memorandum of Understanding (MOU) 1995
This Memorandum was signed by the Bangladesh Garment Manufacturers and Exporters Associations
(BGMEA), ILO, and UNICEF this initiative allowed children displaced and fired from the garment
industry to receive education, vocational training, and skills training. It also provided families with
income to make up for their child's lack of work. This program is also called "The Placement of Children
Workers in School Programs and the Elimination of Child Labor." The MOU has made an impact in
reducing child labor in the garment industry in Bangladesh. Because of this program, more than 8,200
children received non-formal education after losing their jobs. Additionally, 680 children received
vocational training.
B) The Bangladesh Rehabilitation Assistance Committee (BRAC)

The Bangladesh Rehabilitation Assistance Committee is a non-profit organization founded in the mid-
1970s in Bangladesh. BRAC, along with Grameen Bank, are the two largest lenders of microcredit in
Bangladesh. Together they cover 59% of borrowers in the country. Microcredit has been shown to
alleviate poverty but in small amounts. The effects of microcredit are not large enough to change the lives
of an entire population. However, it has been shown to allow families in poverty to find a way out.BRAC
has also been responsible for running schools for non-formal education that were put in place to teach
children fired from jobs. These non-formal schools also gave children another option besides schooling.
Along with the schooling program, families also received health care services and monthly cash stipends
to make up for the wages their children were not bringing in by participating in the schooling program.
C) Other strategies
In addition to the work of the government, BRAC, and ILO, there have been a number of contributions
from international organizations and donors to help start strategies against child labor. These strategies
include: taking children out of hazardous work environments and placing them in schooling or training
programs, giving families stipends to compensate for loss in wages from a decrease in child labor, and
raising awareness of the harmful effects of child labor.
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5.2. Recommendations to Abolish Child Labor and Establish Human Rights:
Many of the children are in vulnerable situation around the world due to child labor. All of their basic and
human rights are violated because of introducing as child laborer. The so-called human rights are a
globally questionable fact to them. To eliminate these problems and ensure the human rights of these
children all international and national NGOs and social organizations must be conscious about the rights
of the children globally. The most important integrative measures for the child human rights would be as
follows:
a) Take measures to improve basic education in order to reduce child labor;
b) Take the particular contexts of poor families into account by creating a non-formal education
system parallel to primary education;
c) Create awareness among parents about the consequences of risky child labor;
d) Provide allowances for the poor families;
e) Accelerate the food for education program at a large scale;
f) Improve the health services for children in areas where it is known that child workers are living
and working;
g) Improve the health services of rural health centers;
h) Create mobile medical teams that visit and treat child workers at their work places,
I) Free and compulsory primary education for all children;
J) Implementation of part-time income generating schemes;
K) Developing the technical and managerial capacity of those involved in rehabilitation of child
labor;
L) Strengthening institutional capacity in the form of organization development; and
M) Awareness raising and social mobilization.

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5.3. Findings:
a) Child labor in Bangladesh is primarily driven by a combination of factors, including

poverty, limited access to education, high population density, and demand for cheap
labor.
b) Children are often engaged in various sectors, including agriculture, manufacturing,
construction, domestic work, and the informal economy.
c) According to a survey conducted by the Bangladesh Bureau of Statistics in 2013, around
3.45 million children between the ages of 5 and 17 were engaged in economic activities.
d) Among them approximately 1.29 million were involved in hazardous work.
e) Human rights organizations work to raise awareness about child labor issues in
Bangladesh.
f) Many non government authorities strive to educate the public, policymakers, and
businesses about the negative impacts of child labor and the importance of protecting
children's rights.
5.4. Suggestions:
a) Strengthen and enforce legislation: Review and strengthen existing laws related to child
labor, ensuring they comply with international standards. Enhance enforcement mechanisms
and penalties for offenders to act as a deterrent.
b) Universal education: Increase access to quality education for all children, especially those
from marginalized communities. This includes improving school infrastructure, providing
free or affordable education, and addressing barriers to education such as poverty,
discrimination, and gender inequality.
c) Poverty alleviation: Implement poverty reduction strategies that address the root causes of
child labor. This may involve providing financial support, vocational training, and income-
generating opportunities to families living in poverty.
d) Social protection programs: Develop and expand social protection programs that specifically
target vulnerable households. This can include cash transfer programs, healthcare services,
and nutrition support, which alleviate economic pressures on families and discourage child
labor.
e) Awareness and advocacy: Conduct campaigns to raise awareness about the negative
consequences of child labor on children's health, education, and overall development.
30
Promote social norms that discourage child labor and encourage community involvement in
addressing the issue.
f) Strengthen labor inspections: Increase the number and effectiveness of labor inspections to
identify and eliminate child labor in various industries. Ensure that inspections are conducted
regularly, and violators are held accountable.
g) Promote responsible business practices: Encourage businesses, both national and
multinational, to adopt and enforce policies against child labor in their supply chains.
Promote responsible sourcing and support initiatives that certify products as child-labor-free.
5.5. Conclusion:
This research reveals that ―child labor‖ and ―human rights‖ are deeply connected with each other. If we
could establish or ensure children‘s human as well as basic rights, the curse chapter of child labor will
eliminate automatically. To secure their human rights globally all relevant parties have to respect all the
rights of child to freedom of thoughts, conscience and religion etc. It is the demand of time to receive
responsible attention from all nationals and global parties to this regard.
The state, society, parents and international agencies need to play complementary roles in eliminating child labor.
The interests of different players in this area are of course often diametrically opposed. This implies that all
parties will have to be prepared to give and take - a process that needs to be economically viable and ultimately
in the interests of the children who do not have the maturity to decide for themselves. In Bangladesh, child labor
cannot be considered in isolation from the socio-economic realities. This means that
Total and sudden elimination of child labor at one point of time could threaten the delicatesocio-economic
balances of the less developed countries. But the price of child labor is continued illiteracy, backwardness, and
ill-health and adult unemployment. Hence, sector-wise elimination in a phased manner is appropriate. Technical
cooperation to government‘s on-governmental organizations and other agencies in this endeavor must be
strongly promoted.
31
Bibliography
A. Book:
International Human Rights Law: Abdul AL Faruque
B) Statutes:
# The Employment Children Act, 1938
# The Mines Act, 1923
# The CHILDREN Act, 1933
# The Factories Act, 1965
# The Shops and Establishment Act,1965
# The Tea Plantation Ordinance, 1962
C) Journal Articles:
# Where is the law and humanity for children working in domestic settings?Dibarah Mahboob
The Daily Star on T h u r s d a y , O c t o b e r 1 5 , 2 0 2 0 .
# Brick kilns' child labourproblem : Khalid Been Nazrul
The Daily Star onThursday, October 15, 2020
#Reducing hazardous child labour
The Daily Star onThursday, October 15, 2020
D) Web Site Articles:
1. Laura Del Col (West Virginia University).

2. "Labour laws - An Amish exception". The Economist. 5 February 2004.
3. Hindman, Hugh (2009). The World of Child Labour. M.E. Sharpe.
4. “ChildLabour". The Economist. 20 December 2005.
5. "American Heritage Dictionary". 7 December 2007. Archived from the original on 29 December
2007.
32
6. TheFreeDictionary.com. Retrieved 5 January 2013.

7. Bandman, B. (1999) Children's Right to Freedom, Care, and Enlightenment. Routledge. p 67.
8. Jenks, C. (1996) "Conceptual limitations," Childhood. New York: Routledge. p 43.
9. Thorne, B (1987). "Re-Visioning Women and Social Change: Where Are the Children?‖
10. Acemoglu, D. (2002), ―Technical Change, Inequality, and the Labor Market‖, Journal of
Economic Literature,
11. Riba, Velephi (2006) ―Child Labour: Pull and Push Factors in Swaziland‖ Available 2009-05- 19
12. UNICEF (2008) ―Child protection from violence, exploitation and abuse‖ Available 2009-05- 19
13. Khair, S. (2005). Child Labour in Bangladesh: A Forward Looking Policy Study, Geneva,
Switzerland: International Labor Office, April.
14. Khanam, R. (2006). Child Labour in Bangladesh: Trends, Patterns and Policy Options, Asian
Profile, 34(6): 593–608.
15. Beaubien, Jason (7 December 2016). "Study: Child Laborers In Bangladesh Are Working 64
Hours A Week". NPR: Goatsand Soda.
16. GLICK, supra note 153, at 130; Sparker& Brown, supra note 162, at 372. 178. NAALC, supra
note 152, arts. 27(1), 39, 49; Sparker& Brown, supra note 162, at 370–72. 179. See BACON,
supra note 42, at 16,
17. https://laborcenter.uiowa.edu/special-projects/child-labor-public-education-project/about-child-
labor/causes-child-labor
18. Bangladesh Bureau of Statistics (2006). Baseline Survey for Determining Hazardous Child
Labour Sectors in Bangladesh 2005. Dhaka: Government of the People's Republic of
Bangladesh.
19. Rahman, Mohammad Mafizur; Khanam, Rasheda; Absar, Nur Uddin (December 1999). "Child
Labor in Bangladesh: A Critical Appraisal of Harkin's Bill and the MOU-Type Schooling
Program". Journal of Economic Issues. Association for Evolutionary Economics. 33 (4):
20. Hobbs, Sandy; McKechnie, Jim; Lavallette, Michael (1999). Child Labor: A World History
Companion. Santa Barbara, California: ABC-CLIO. pp. 31. ISBN 978-0-87436-956-4.
21. UNICEF. 18 December 2013. Retrieved 15 October 2014.
22. (PDF). Office of Child Labor, Forced Labor, and Human Trafficking (OCFT). United States
Department of Labor. 2011. Archived from the original (PDF) on 20 July 2013. Retrieved 26
December2012.
Department of Law
Research Monograph Supervision Record
Child Labor and Human Rights-Bangladesh Perspective.
Name of the Supervisor: MD. Mahmudul Hasan Raziv
Name of the Student: Abdur Rahman
Program: Master‘s in Law (1years), Batch: 40th,
Roll: 827, ID- 18/22/40/827, Cell No.:01865-044820
Date of Enrolment for the Research: 25.01.2023
Starting Date of Supervision: 05.02.2023
Attendance of the student and supervision record:
Date Signature of the Student Signature of the Supervisor Comments of the Supervisor
World University of Bangladesh, Library
Research Monograph / Thesis Paper / Project, Receive Copy
Thesis / Research Monograph / Project Name: The Consequences of Lack of Judicial Independence -
Name Department Roll / Batch
Abdur Rahman Law 827/40th
Assistant Librarian
World University of Bangladesh, Library
Research Monograph / Thesis Paper / Project, Receive Copy
Thesis / Research Monograph / Project Name: Child Labor and Human Rights-Bangladesh Perspective.
Name Department Roll / Batch
Abdur Rahman Law 827/40th
Assistant Librarian

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“Child Labor and Human Rights” Bangladesh Perspective

Date of Submission: 25-02-2023

Date: 25th February, 2023

Subject: Submission of Research Monograph on Child Labor and Human Rights -

I am thankful to my supervisor Md Mahmudul Hasan Razib, Senior Lecturer and Coordinator,

3.1.1 Global International Documentation 14-16

3.1.2 Regional Documentation 16-17

3.1.3 Specific Provisions in Other International and Regional Instruments 17-19

3.1.4 Child Protection and Placement Agreements 19

1.2 Problem Statement:

1.3 Objectives of the Study:

1.4 Methodology of the Study:

a) Planning the whole research paper;

d) Screening the gathered information;

e) Screening the effective information that can be added in the paper.

1.5 Limitation of the Research:

1.6 Significance of the Research:

1.7 Who is a Child?

1.8. HUMAN RIGHTS OF A CHILD:

1.9. WHAT IS CHILD LABOR?

Causes and Classifications of Child Labor

Child Labor around the World

2.1. Reasons for Child Labor:

A) Poverty and unemployment levels are high:

B) Access to compulsory, free education is limited:

C) Existing laws or codes of conduct are often violated:

D) Laws and enforcement are often inadequate:

E) National Laws Often Include Exemptions:

F) Workers‘ rights are repressed:

G) The global economy intensifies the effects of some factors:

F) Debt and Child Welfare:

2.2. Types of Childs Labor:

There have two sectors for child labor. Namely:

2.2.1 Formal Sector:

2.2.2 Informal sector:

2.3. Child Labor across the World:

a) Depriving them of the opportunity to attend school;

b) Obliging them to leave school prematurely; Or

C) Age 15 to 17 years: At least 43 hours of economic work per week.

International Law Relating with Child Labor

3.1. International Law Relating with Child Labor:

3. Specific Provisions in Other International and Regional Instruments; And

4. Child Protection and Placement Agreements.

3.1.1 Global International Documentation:

A) Declaration of the Rights of the Child 1959:

B) Minimum Age Convention1973:

C) United Nations Convention on the Rights of the Child 1989:

3.1.2 Regional Documentation:

B) European Convention on the Exercise of Children’s Rights, 1996:

3.1.3 Specific Provisions in Other International and Regional Instruments:

A) Universal Declaration of Human Rights 1948:

B) International Covenant on Economic, Social and Cultural Rights 1966:

D) European Convention on Human Rights 1950:

G) Convention on the Elimination of all Forms of Discrimination against Women 1979:

3.1.4 Child Protection and Placement Agreements:

A) Hague Convention on Jurisdiction, etc., for the Protection of Children 1996;

Child Labor in Bangladesh