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A PROJECT ON

COMPARISON ON CHILD LABOUR AS PER THE CONSITIUTION OF


UNITIED STATES AND INDIA

SUBMITTED TO: Ms. Ruth Vaiphei

Faculty, Industrial And Labour Law

SUBMITTED BY

AAKASH THAREJA

16FLICDDN02002

SUBMISSION DATE:

SIGNATURE OF STUDENT –

SIGNATURE OF FACULTY-

ICFAI LAW SCHOOL,

THE ICFAI UNIVERSITY, DEHRADUN

1
TABLE OF CONTENT

 Acknowledgement--------------------------------------------------------------------------------03
 Object and methodology-------------------------------------------------------------------------04
 CHAPTER- 1----------------------------------------------------------------------------------05-09
Introduction------------------------------------------------------------------------------------------- 05
1.1 child labour in Unitied States-----------------------------------------------------------------------06
1.2 child labour laws in unitied states-----------------------------------------------------------------08
 CHAPTER –2----------------------------------------------------------------------------------09-13
2.1 Child labour India---------------------------------------------------------------------------------------------------10

2.2 child Labour laws in India-----------------------------------------------------------------------------------------12

 CHAPTER 3-------------------------------------------------------------------------------- 13-15


3.1 Analysis of child labour of Unitied States-----------------------------------------------------------------------
3.2 Analysis of child labour of India--------------------------------------------------------------------------------
3.3 Case Laws ----------------------------------------------------------------------------------------------------------
 Conclusion--------------------------------------------------------------------------------------------
 Biblography------------------------------------------------------------------------------------------

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ACKNOWLEDGEMENT

At the very outset, I would like to thank all those who were the guiding lights behind this project. First of all I would
like to take this opportunity with esteem privilege to express my heartfelt thanks and gratitude to my course teacher
Ms. Ruth Vaiphei Faculty, Industrial And Labour Law, ICFAI UNIVERSITY for having faith in
me in awarding me this very significant project topic of such importance. His consistent supervision, constant
inspiration and invaluable guidance have been of immense help in carrying out the project work with success.

Next I would like to thank my colleague’ s for lending me a helping hand during the shaping up of the project ,
subsequently I would like to thank my university for allowing me to avail the computer lab and internet facilities.

I extent my heartfelt thanks to my family and friends for their moral support and encouragement. I also take this
opportunity to thank all people.

AAKASH THAREJA

16FLICDDN02002

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OBJECT AND METHODOLOGY

The present research work on the topic ““is both explorative and analytical. It sought to construct throughout the
analysis of secondary data. The documents of government policy, financial data, and financial static provided by
international authorities are analyzed and try to find out the changes and loopholes in it. Published works by eminent
authors are also consulted during the research.

Since, the present topic was purely academic it was inevitable and inherently mandatory that only secondary sources
be made use of. Therefore, I have made use of journal articles, leading books and of course the source of knowledge
for students.

AAKASH THAREJA

16FLICDDN02002

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CHAPTER- 1

INTRODUCTION

The problem of child labour is a global phenomenon and is not restricted to the poor, developing countries of the
world, though it may manifest itself in varying forms and intensities among countries from different socio-economic
milieu. It is also an extremely complex problem since; it is interlinked in cause and consequence to the social,
economic, cultural and political systems which favour a few at the cost of others. In addition, the grossly
exploitative and abusive conditions in which wide majority of children are made to work are an indication of their
overall victimization by oppressive hierarchies on the basis of age, caste, class, gender and religion. Due to various
reasons the children of all the countries including India are obliged to suffer neglect and destitute. The history of
child labour is bound up with the status of the child, his rights and privileges in different societies. 1

In the developed industrial countries, the problems of child labour and deprived children are ignored. There are
hundreds of children working to maintain their families and themselves. The major employment sector in which
child workers are employed is prostitution. Today in the developed world child prostitution is very much in demand.
Besides, the children from the poor black homes, porturicans and 230 other social minorities in the United States of
America are working in factories and small establishments. However, the problem of child workers is not as acute as
in the developing countries of the Third World.2

In most of the developing countries, development efforts have been lopsided. As a result, the gaps between rural
and urban areas, between one region and another, and between one section of people and another section have
considerably widened. This has resulted in a massive spread of poverty in many countries in rural areas. In urban
areas, following western capitalist model of development, huge infrastructural facilities have been made available
which has resulted in the over care of the urban sector and neglect of the rural sector. This too in a situation when
majority of the population is still living in rural areas and livelihood of a large segment of the rural population
depends on agriculture and allied activities.3 The agrarian structures of all the developing countries are again
characterised by land related inequalities. Many efforts have been made by many governments in the Third world to
redistribute land to landless and semi-landless households through various land reform measures. But the problems
of poverty and exploitations are so tenacious and chronic that landlessness and destitution could not be stopped. This
structural problem is the single most important cause of the emergence of a large number of working children in

1
Great Soviet Encyclopedia, 1975, Vol.8, p.20.
2
Embrys Davis, Work out of School, London:Councils and Education Press, 1972, also see Aloc Fyfe, Child Labour
(1989), p.34.

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rural and urban areas. The destitute people generally migrate to cities and towns during acute unemployment and
economic distress. It is again the children of the unfortunate migrants who constitute the largest segment of the
urban working children.4 It would be appropriate to study the problems and prospects of child labour in different
countries of the world to understand the situation and analyze.

I.2 : CHILD LABOUR IN UNITED STATED

Before the United States became an independent, sovereign nation, children worked alongside other family
members and were considered an integral part of the work force. Children were socialised to contribute to the
maintenance of the family through apprenticeships. This arrangement exemplified the child’s relationship to both
work and family in pre-industrial society. In the pre-colonial and post-colonial U.S., children worked both on
family forms and in cottage industries. Children in the agricultural and industrial sectors worked for long hours
and in conditions that were detrimental to their physical and mental health. For parents and children, education
was a secondary importance to supplementing the family income. 3

The idea that people are responsible for their poverty and misery is rooted in the English poor laws. Many of the
early settlers from Europe, including the Puritans, brought religious beliefs establishing a strong work ethic. They
believed that social and economic degradation could be prevented by hard work and prudent saving. These beliefs
provided the impetus to justify child employment, instilling in parents and employers that it was their role to
prepare the children for adult life by teaching them positive work habits. Early in the history of the United States,
children who were destitute and neglected were placed in private homes as domestic workers, in other instances,
by court rulings, they were bound as apprentices. Boys were apprenticed until the age of eighteen or twenty one,
and girls until they were eighteen years old or in marriage, work was considered training that provided children
with skills in certain trades and occupations. Many children, however, received little or no training and their
education was ignored. They carried out menial tasks and were underfed and inadequately clothed.

Some children born to parents in slavery were sold into servitude. Prior to civil war, most African-American,
children who were enslaved worked on farms and plantations; approximately 5 percent worked in mines and
factories. During the antislavery period, children’s apprenticeships bore striking similarities to forced bondage.
Apprenticeships continued through the nineteenth century, especially in the Southern States. Whites in the
Southern States used apprenticeships as a way to further enslave young African-Americans and secure a cheap
source of labour. 4

In the United States child labour was considered a cheap and manageable workforce. The cities provided a wide
array of employment opportunities for children. Girls and boys were engaged in similar jobs, although more boys
were engaged in street type occupations. More girls on the other hand worked at home helping their mothers in
house-hold tasks such as cooking, cleaning, laundry, ironing, mending, sewing, and caring for younger siblings.

3
Pieris, 2003 in Cathryne Schmitz, “Child Labour: A Global View” p.187.
4
Freedman in Cathryne.L.Schmitz, “Child Labour: A Global View” p.190.

6
Some girls worked in textile mills and factories as spinners and weavers. They sent their wages home or saved
their pay for education, job training, or a marriage dowry.

In the early twentieth century, when most crop planting and harvesting was performed by hand, more children
were engaged in farm work than any other occupation. A belief at that time was that farm work was good for
children’s health. Some children moved from farm to farm with their families, carrying out the same backbreaking
tasks as their parents. Entire migrant labour families, most of whom were African-American and other ethnic
minorities, worked in the fields; this included children as young as three and four years old. Some families spent
the entire year following the crops, staying at locations for just a couple of weeks. Migrant farm workers and their
families were denied access to health and welfare services and, in certain areas, their children were allowed to
attend the local schools. Even if the children were allowed to attend school, work always came first. Many families
who lived in the city would get involved in agricultural work during the spring and summer months.

In the United States the term child labour is commonly used to denote employment that is harmful to a child’s
physical, cognitive, emotional, social and moral development. In the United States, work that is detrimental to
children’s well being is called oppressive child labour in the Fair Labour Standards Act (FLSA) of 1938. This is
the main legal instrument ensuring the safety and protection of child workers. The use of the term child labour in
the United States means work carried out by teenagers.9 Moreover Labour in occupations deemed hazardous for
children under sixteen was then considered by the children’s Bureau to be oppressive. Of the 8,50,000 children
under sixteen years of age in employment, only 6% of them were in jobs that protected them according to this
FLSA Law.5

There is a general consensus that oppressive child labour is not present in contemporary U.S. society, recent
studies and media stories provide evidence that it does exist. It is predominantly prevalent in the agricultural
sector, with few federal and state laws for protection. Children in the non-agricultural sector are subject to health
and safety hazards as well as illegal employment. Although the prevailing opinion is that children work because of
their desire to acquire material items, researchers have found that children work in order to supplement their
families’ income; some even work at two jobs. A recent study reported additional reasons for children working: (a)
for fun; (b) to occupy time; (c) to keep out of trouble; and (d) to help people in need.

Estimates from a 1997 longitudinal study indicate that 50% of youth of twelve years of age are engaged in some
employment activity. Estimates increase to 57% at age fourteen, and at age fifteen it is 64%. Other studies reported
that 2.9 million 9 adolescents in the fifteen through seventeen-year- old age group were employed during the
school months and 4.0 million during the summer months of 1996-98. The number of adolescents in farm work in
the United States is not known. The United Farm Workers Union estimates that 800,000 children are employed on
family owned farms and as hired workers. 6

It is difficult to track child labour with any accuracy. In the U.S., the Bureau of Labour Statistics (BLS) collects
data on persons who are fifteen years and older, but these estimates are not used in official government figures. In

5
Hawes, 1991; Hobbs, Mc.Kechine and Lavalette, 1999; Zinn, 1995 ”Child Labour : A World History Companion”
cited in cathryne.L. Schmitz. “Child Labour; A Global View” p.188.
6
Cathryane, L.Schmitz, Elizabeth Kimjin Traver and Desi Larson, “Child Labour: A Global View” p.188.

7
addition, United States child labour laws allow children under fifteen years of age to work within family owned
farms and businesses as well as in other selected jobs, including as news carriers. The Current Population Survey
(CPS) excludes this data from its estimates. As a result, child labour statistics represent conservative
underestimates.

1.2 : CHILD LABOUR LAWS IN UNITIED STATE

 American child labor laws came into effect to prevent the dangerous and exploitative conditions many
children faced at the end of the 19th and beginning of the 20th century. U.S. factories were exploding
with a need for labor, and children could often be used and paid lower wages than adults. The primary
source of American child labor laws can be found in the Fair Labor Standards Act.

 According to the Fair Labor Standards Act, for non-agricultural jobs, children under the age of 12 may
not be employed at all except under certain extraordinary circumstances (like child actors). Meanwhile,
children between the ages of 12 and 16 can be employed in certain occupations for a limited number of
hours, while children between the ages of 16 and 18 can work for unlimited hours in non-hazardous
occupations. There are a number of exceptions to these rules, of course, such as employment by parents,
newspaper delivery, and the aforementioned child actors. Agricultural employment for children, on the
other hand, is much more lenient, where children as young as 12 may be employed for an unlimited
number of hours outside of school hours if the parents give their permission.

 There are also a number of state laws that add to these restrictions. Most states have their own laws that
mirror the federal regulations and add to them. Generally, the more stringent law trumps the more relaxed
one when it comes to child labor laws.

 While child labor is tightly regulated in the United States, there are still concerns about underage
workers. Many focus on the lax standards for children in agricultural positions. Many children who work
in agricultural professions fail to complete high school, are often exposed to dangerous pesticides, and
experience hazards that lead to a five times greater rate of fatalities than other minors their age who work.
Similarly, they are often required to work excessively long hours, often more than 10 hours a day, which
is in addition to hours spent in school.

 Child actors are another area of concern for many watch groups. While one of the most tightly regulated
classes of child workers, state laws often allow the parents to control their children's earnings. This can
lead to horrible disputes, especially during divorces or other family disagreements.

8
CHAPTER = 2

2.1 : CHILD LABOUR IN INDIA


“Child” as defined by the Child Labour (Prohibition and Regulation) Act, 1986 is a person who has not completed
the age of fourteen years. A child of such tender age, is expected to play, study and be carefree about his life. But
as a fact of nature, expectations hardly meet reality. Children, by will or by force are employed to work in the
harsh conditions and atmosphere which becomes a threat to their life. Child labour leads to underdevelopment,
incomplete mental and physical development, which in turn results in retarded growth of children .

DEFINATION :

 International Labour Organisation (ILO) defines the term child labour 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, or work whose schedule interferes with their ability to attend regular school, or work that affects
in any manner their ability to focus during school or experience a healthy childhood.”

 UNICEF defines child labour differently. A child, suggests UNICEF, is involved in child labour
activities if between 5 to 11 years of age, he or she did at least one hour of economic activity or at least 28
hours of domestic work in a week, and in case of children between 12 to 14 years of age, he or she did at
least 14 hours of economic activity or at least 42 hours of economic activity and domestic work per week.
UNICEF in another report suggests, “Children’s work needs to be seen as happening along a continuum,
with destructive or exploitative work at one end and beneficial work – promoting or enhancing children’s
development without interfering with their schooling, recreation and rest – at the other. And between
these two poles are vast areas of work that need not negatively affect a child’s development.”

 India’s Census 2001 office defines child labor as, “participation of a child less than 17 years of age in
any economically productive activity with or without compensation, wages or profit. Such participation
could be physical or mental or both. This work includes part-time help or unpaid work on the farm,
family enterprise or in any other economic activity such as cultivation and milk production for sale or
domestic consumption. Indian government classifies child laborers into two groups: Main workers are
those who work 6 months or more per year. And marginal child workers are those who work at any time
during the year but less than 6 months in a year.”

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2 .2 CHILD LABOUR LAWS IN INDIA

These essence of any legislation is to protect and safeguard the interest of the people from the onslaught
of exploitation of any form or nature. In fact laws are the expressions of collective conscience of society.
These are enacted to society to regulate its affairs in a satisfactory manner. The passage laws derive the
social sanctions from various international as well as national conventions. Starting from the promises
that children are the most valuable asset of any nation, that child labour is injurious to the physical,
mental moral and social development of children, and that some special measures are urgently required to
protect them form various kinds of adverse effects of the work undertaken by them, various provisions
7
have been made at the national and international levels. Before, initiating a discussion on child labour it
would be in the fitness of things to know what exactly child labour force constitutes. It is unfortunate that
till now concrete definition and child labour has emerged. In fact different Acts have defined child labour
differently.'*^ Perhaps this has been done keeping in view the seriousness of problems of children
working in 190 different sectors of economy.

This is clearly demonstrated when we examine Article 24 of the Indian Constitution which says "No
child below the age of fourteen shall be employed to work in any factory or mine a employed in any
hazardous employment".'

Contrary to this section 82 of the Indian Penal Code reads, "nothing is an offence which is done by a child
above seven years and under twelve who has not attained sufficient maturity of understanding to judge
the nature and consequences of his conduct on the occasion". 8

Surprisingly enough the Indian majority Act, 1984 has put the majority age at eighteen years whereas the
vaccination Act of 1880 puts it at fourteen years in the case of boys and eighteen in the case of girls. Such
is the confusion prevailing in the rank of legal luminaries that are wonders as to who is a child in the eyes
of law. The child has been subject of special laws and legal provisions. Because of its tender age, weak
physique, and inadequately developed mind and understanding, it needs protection against moral and
physical harm and exploitation by others. In fact the formative years of its life, the child needs special
care service to realize its full potential for growth and development. 9 There are about 300 central and state
statutes concerning children. These have been enacted with an intention to protect and help children and
achieve the goal of child labour welfare enshrined in our national charter.'*^ The constitution makers

7
The constitution of india
8
Section 82 of Indian penal code
9
Indian majority Act, 1984

10
were conscious of the need for special care for children and, therefrom provision to the welfare to the
children dealing especially with the protectional child labour have been envisaged in our national charter.

Accordingly our national policy provision for Children, 191 1974, lays special stress on the responsibility
of the nation for physical, mental, moral and special development of children. All this calls for great deal
of legislative activity. The subject of "child" does not fall exclusively either in the Union (Central) or the
State field. Different matters related to child care and development are distributed among the Union: state
and concurrent list of the constitution. It is not only in India but in other industrialized countries including
those developed ones that the present labour legislation is aimed to provide legal protection to child
labour who constitute an important section of wage-earning popOulation. The underlying conviction of
all labour legislations is that it is now of the principal duties of the state to protect and safeguard the
interest and well-being of workers, irrespective of their age, caste, creed and colour.'*^ The welfare state,
as the modem 'partia potestas'"** is required to see that childhood is not abused. The dignity of the
individual, the basis of the democratic society has been assumed by the constitution by declaring the
fundamental rights of the individual on the one hand, and by forbidding the traffic in human beings, begar
and exploitation of youth and childhood on the other. The traffic in human beings, means buying and
selling wrongfully of human beings and includes slavery, bandhak mazdoor and immoral traffic in 49
women. It may be submitted that the labour legislation in India including protective legislation for
children has been greatly influenced and is the result of various inventions^" and recommendations
adopted by International Labour 192 Organisation.

Beside constitutional provisions, there are at present 13 major legislative enactments which provides legal
protection to children in various occupations.

 The children ( Pledging of Labour) Act,1983

 The Employment of Children Act, 1938

 The Minimum Wages Act, 1948; and rules made thereunder by the government

 iv. TheFactories Act, 1948

 The Plantations Labour Act, 1951

 TheMines Act, 1952

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 The Merchant Shipping Act, 1958

 The Motor Transport Workers Act, 1961; ix. The Apprentices Act, 1961

 The Atomic Energy Act, 1962

 The Beedi and Cigar Workers (Conditions of Employment) Act, 1966

 The Shops and Establishments Act in various states

 Child Labour (Prohibition and Regulation) Act, 1986.

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CHAPTER – 3

3.1:Analysis of child labor in United States

The member nations of International Labour Organisation signed International Child Labour Treaty on 16th June
1999 in Geneva and the United States Senate also ratified Child Labour Treaty and it came into force on 19th
November 2000. Though there is Child Labour Treaty, children still work in dangerous industries in United States.
Children work in horrible conditions due to which they sometime get injured and even die. United States fails to
protect its children from hazardous works.

The New Deal programs focus on regulation which consists of child labour standards, maximum working hours, fair
wages etc. However, racism and discrimination has led to many restrictions on New Deal Legislation.16 The 1966
Amendment of Fair Labour on Standards Act, 1938 (FLSA) prevented children from working on farms consisting of
hazardous occupation and the 1947 amendment prevented children below 12 years from working on any farm.
Children between 12 and 16 years of age were permitted to work on the farm, only if their parents were working on
the same farm.17 Human Rights Watch Report says that 16 years old children work 14 hours a day, 6 days per week
from April to November while harvesting in farms. For this work of eighty four hours per week children are not
given overtime wages and this is allowed under the exemptions of FLSA. Though there is labour law and legislation
since 60 years, child labourers of agricultural industry are not protected from hazardous working conditions, low
wages and long working hours. The Report further says that, children used knives, climb ladders and work near
heavy machinery.10

According to the survey done by the department of labour in foreign countries, children work for long hours
without rest. They are exposed to toxic chemicals which cause lung, skin, respiratory diseases, permanent physical
handicaps and cancer.18 There are many exemptions under United States Labour Law which permits child labour.
Due to these exemptions if the child is employed by his parents, the child is allowed to earn less than minimum
wages and child can work for a number of hours without any limitation provided: the work is not during school
hours.11 Under Article 4(1) of the Child Labour Treaty, each signatory state can have its own interpretations of the
word ‘hazardous work’. Under Article 3(1) of Child Labour Treaty, Children should not do hazardous work and it
also prohibits work in farms which are not family farms. Due to the exemption of family farm, any employer could
stand in the place of parent and employ children.19 Thus, the law in U.S.A. is full of drawbacks and extends no
resistance to child labour.

10
Corlett, C., Impact of the 2000 Child Labour Treaty on United States Child Labourers (2002) 19 Arizona Journal
of International and Comparative Law, 713-733.
11
Lorenz C., “The Search for Constitutional Protection of Labour Standards” (2000) 23 seattle. V.L.Rev. p.569.

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3.2 Analysis of child labour in India

Though the government of India has enacted various labour legislations to prevent child labour still there are some
contradiction among them, mainly the definitional debates on child labour as different legislation provide different
definition of a ‘child’. Section 2(ii) of The Child Labour (Prohibition and Regulation) Act, 1986, defines ‘child’ as ”
a person who has not completed his fourteenth year of age”; Section 2(c) of The Factories Act, 1948 defines ‘child’
as “a person who has not completed his fifteenth year of age”; Section 2(e) of The Mines Act, 1952 defines ‘child’
as “a person who has not completed his fifteenth year”; Section 2(c) of The Right of Children to Free and
Compulsory Education Act, 2009, defines ‘child’ as” male or female child of the age of six to fourteen years”;
Section 2(k) of The Juvenile Justice (Care and Protection) of Children Act, 2000 defines ‘child’ as “a person who
has not completed eighteenth year of age”; Section 2(c) of The Plantations Labour Act, 1951 defines ‘child’ as “a
person who has not completed his fourteenth year of age”

Hence, we can clearly observe that these legislation are at contradiction to each other in defining who’s a child and
setting an uniform age limit. Therefore the centre and respective state governments should set a uniform universal
minimum age of the child as these contradictions adversely affect the objective of protection from child labour and
providing a better educational and social development to children of India.

3.3 CASE LAWS

Following are few of important Supreme Court cases that have helped in framing better laws regarding child
labour:

 In Democratic Rights V. Union of India , it was contended that the Employment of Children Act, 1938
was not applicable in the matter of employment of children in construction works, as it was not mentioned
in the act. But the court held even construction work is a hazardous employment and no child below the age
of 14 years can be employed as given under Art 24 of the Indian Constitution, even though construction
industry has not been specified in the schedule to the Employment of children Act, 1938, thus the SC
rejected the contention.

 Salal Hydro Project vs. Jammu and Kashmir , the Court has restated the principle laid in Democratic
Rights V. Union of India [14] that Construction work is hazardous employment and any child below 14
cannot be employed in this work.

 In Sheela Barse and others vs Union of India and others , Bhagawati, C.J. quoted from National Policy
for the welfare of Children incorporated to provide better social and educational development to the
children of India : “The Nation’s children a supremely important asset. Their nurture and solicitude are our
responsibility. Children’s programme should find a prominent part in our national plans for the
development of human resources, so that our children grow up to become robust citizens, physically fit,
mentally alert and morally healthy, endowed with the skill and motivations needed by society. Equal

14
opportunities for development to all children during the period of growth should be our aim, for this would
serve our large purpose of reducing inequality and ensuring social justice

 In M.C. Mehta v State of Tamil Nadu & Ors , the SC gave direction to the Union and state governments
to identify all children and withdraw them from working in hazardous processes and occupations, and to
provide them with free and proper education as incorporated into the Constitution, Artcle 21-A. The Court
also directed the Union and state governments to set up a Child Labour Rehabilitation-cum-Welfare Fund
using contributions from employers who breach the Child Labour Act.

 In Unnikrishnan v. State of Andhra Pradesh, the SC held that every child has the right to free education
till the age of 14 years. Artcle 21-A which was incorporated into the Constitution, reflects this standard.

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CONCLUSION :

The AFT and the International Labor Rights Forum note the possible relevance of this paper to a U.S.
government sponsored conference on June 8, titled “Working Together to Combat Child Labor: It’s Time
to Stop the Exploitation of Children.” The conference is co-hosted by the U.S. departments of State and
Labor, as well as the AFT, ILRF and the No Limits Foundation. According to the organizers, the purpose
of the conference is to focus on U.S. government international policy and programming. The AFT and
ILRF intends that this review might contribute to more a comprehensive U.S. government review and
integrated approach to the challenges in combating child labor as we go forward toward 2016. The paper
takes note of a policy document recently issued by the European Commission titled “Commission Staff
Working Document: Combating Child Labor.”29 The report was issued following stakeholder roundtables
convened by the European Union (EU) Parliament in December 2009. The report provides an overview of
exist

ing EU measures to address child labor. These include chapters on development policy, education, human
rights dialogues, enlargement policy, trade policy and the EU Generalized System of Preferences program,
public procurement and support for public-private partnerships.30 This paper is intended to be an
independent, but similar, review of U.S. policy approaches to ending child labor globally. In addition, the
ILO calls for global action to be backed by solid research, “particularly regarding the relationship between
child labour and other relevant aspects of the development process.”31 The most recent ILO global report
suggests the importance of “linking action against child labor to national development efforts, particularly
in the area of poverty reduction and free, compulsory and universal education.”32 This recommendation is
directed both to the developing countries where child labor is prevalent as well as to donor countries
seeking to develop appropriate overall development strategies. This review was conducted jointly by the
American Federation of Teachers and the International Labor Rights Forum and solely represents their
views. This is not a U.S. government analysis. The American Federation of Teachers is a U.S. trade union
representing more than 1.4 million members and an affiliate of the AFL-CIO. As a leader in Education
International and co-chair of the U.S. Child Labor Coalition, the AFT promotes policies and programs that
eradicate the worst forms of child labor globally, and puts children in the classroom, where they are
afforded the opportunity to become full participants in the social and economic development of their
communities. The International Labor Rights Forum is a nonprofit organization advocating for just and
humane treatment for workers worldwide, including an end to child labor, forced labor, discrimination in
the workplace and obstacles to the right to organize. It promotes enforcement of labor rights internationally
through public education and mobilization, research, litigation, legislation, and collaboration with labor,
government and business groups

16
BIBLOGRAPHY :

I. BOOKS
 Lorenz C., “The Search for Constitutional Protection of Labour Standards” (2000) 23
seattle. V.L.Rev.
 Corlett, C., Impact of the 2000 Child Labour Treaty on United States Child Labourers
(2002) 19 Arizona Journal of International and Comparative Law,
 Hawes, 1991; Hobbs, Mc.Kechine and Lavalette, 1999; Zinn, 1995 ”Child Labour :
A World History Companion” cited in cathryne.L. Schmitz. “Child Labour; A
Global View

II JOURNAL ARTICLE

 Freedman in Cathryne.L.Schmitz, “Child Labour: A Global View


 J.C. Kulshreshta, “Child Labour in India” (1978)

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