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Child labour: includes any form of economic activity for at least one hour per week,

and/or and domestic chores of at least seven hours per week, and/or school labour for at
least Statistics South Africa five hours per week. (South Africa 1999 Child Labour
Report)
Statistics South Africa (1999). Child Labour Report
The South African Child labour report, for example defined child labour as
Any form of economic activity for at least one hour per week, and/or and
domestic chores of at least seven hours per week, and/or school labour for at
least five hours per week.

Similarly, the Ghana Child Labour Survey (GCLS) also defined child labour as:
Any activity, economic or non-economic performed by a child, that is
either too dangerous or hazardous and/or for which the child is too small to
perform and that has the potential to negatively affect his/her health,
education, moral and normal development would constitute child labour.
In drawing conclusions on Child Labour, the GCLS assumes a cut-off point
of 4 hours per day as the maximum period children going to school or
receiving skill training can work (both in economic and non-economic
activities).

Child labour: (Ghana 2003 Child Labour Survey)

This study shall adopt the definition by the Ghana Child Labour Survey (GCLS), which
defines economic activity as any work or activity performed during a specified
reference period for pay (in cash or in-kind), profit or family gain. All other activities
are considered non-economic, including all household chores or work of a domestic
nature performed within the household, voluntary and charitable activities.
Hazardous work: According to the ILO Global Report under the Follow-up to the ILO
Declaration on Fundamental Principles and Rights at Work (2006), this refers to any
activity or occupation that, by its nature or type, has or leads to adverse effects on the
childs safety, health (physical or mental) and moral development. Excessive workload,
physical conditions of work, and/or work intensity in terms of the duration or hours of
work could lead to hazards.
GSS-ILO (2003) Ghana Child Labour Survey. Ghana Statistical Service.
GSS- ILO-SIMPOC, (2003), Ghana Child Labour Survey.
ILO, (1999) ILO Convention 182 on Worst Forms of Child Labour.
ILO, (1973) Minimum Age Convention (ILO Convention 138).

Parliament of Ghana, The Childrens Act (Act 560, 1998).


MMYE, (2012) The Ghana Child Labour Monitoring System, Ghana.
Sylvia Hinson-Ekong , (2012) Standard Operating Procedures and Guidelines for
Addressing The Worst Forms of Child Labour in Ghana, Ghana.
International Labour Conference, ILO, (2010) Accelerating Action Against Child
Labour The Global Report under the Follow Up to the ILO Declaration on
Fundamental Principles and Rights at Work, Geneva.
Ministry of Education, (2010) Ghana Education Performance
Nelien Haspels, Michele Jankanish ILO, (2000) Action against Child Labour

Ghana child labour survey / International Labour Organization; ILO International ...
Elimination of Child Labour; Ghana Statistical Service - Accra: ILO, 2003.

Abstract
Every year millions of children worldwide are forced into the labour pool. More than
half of these children are involved in some of the worst forms of child labour, which
include slavery, work under hazardous conditions and illegal activities such as drug
trafficking and prostitution. Children involved in child labour are usually deprived of
access to basics such as proper nutrition, adequate shelter, education, basic hygiene and
healthcare, and recreation. Due to the increase in poverty across the world, the
vulnerability of children in child labour, and their need for income to survive in a
poverty-stricken environment, these children simply cannot escape from the exploitative
practices and worst forms of labour.
Despite the dangers associated with child labour, not all forms of work done by children
are hazardous to them. The income earned by children in this way contributes
substantially to their own survival and that of their families. Work can also help
children acquire certain skills, which can contribute to their development. This
dissertation investigates, in the light of the current socio-economic circumstances of
South Africa, the possibility to allow children to work for their survival and
simultaneously to protect them through regulatory measures from exploitative labour
practices and the worst forms of child labour.
The dissertation starts with a general overview of child labour, including the historical
development of the regulation of child labour, problems encountered in defining child
labour, advantages and disadvantages of child labour as well as the various current
perspectives and approaches to child labour. Special attention is given to the importance

of education and the current problems experienced in the education system (which
needs to be adjusted for child labourers) as well as the situation regarding girls in the
labour market.
An exploration of the international legal framework applicable to child labour is
coupled with a description of the current international conventions as well as
international initiatives, which mainly seek to eliminate child labour. Emphasis is
placed on the most important conventions that have a direct impact on child labour: The
United Nations Convention on the Rights of the Child, the International Labour
Organisation's conventions and the African Charter on the Rights and Welfare of the
Child.
Subsequently, the dissertation canvasses the approach to child labour in South Africa
with an overview of the nature and extent of child labour in South Africa and an
exploration of the nexus between international law and South African national law. The
author expounds in detail on the current South African national legal framework
applicable to children and child labour, as well as the variety of South-African
programmes that seek to effectively regulate child labour.
By way of comparison, the author investigates the approach to child labour in India,
exploring the socio-economic and political circumstances as well as the extent of child
labour in India, as also the federal law and child labour programmes that regulate child
labour in India. Indias approach to child labour is compared with that of South Africa
to gauge how the two differ and what South-Africa can adopt from India.
The dissertation critically evaluates the South African approach to child labour and
offers proposals to address the challenges in limiting, if not eradicating, the worst forms
of child labour and its exploitative practices in South Africa. The author reviews and
evaluates the measures and programmes implemented in India, with a view to improve
the position of children involved in child labour in South Africa. The author closes by
critically analysing the hypothesis posed at the outset of this study: that a judicious
acceptance of child labour (excluding its worst forms), when considered in the context
of its proper and effective regulation through legislation and enforcement, is the best
approach to combat the perils associated with child labour in South Africa.
2012 University of Pretoria. All rights reserved. The copyright in this work vests in
the University of Pretoria. No part of this work may be reproduced or transmitted in any
form or by any means, without the prior written permission of the University of Pretoria
Please cite as follows:
Kinnear, L 2012, Die effektiewe regulering van kinderarbeid (Afrikaans), LLM
dissertation, University of Pretoria, Pretoria, viewed yymmdd <
http://upetd.up.ac.za/thesis/available/etd-05282013-130428 / >

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