What is "Fair"?

'Using the readings from the last two class sessions, think about what an equitable outcome would look like for the issues you care about. What does a "fair" outcome look like for the issue you're working on. What would be the best way to achieve fairness? The market or the polis?'



A key component that sets child domestic labor apart from domestic labor done by children is exploitation. As a complicated issue, there is a fine line between what could be considered legal and illegal; that is to say, these two forms of labor share a majority of their characteristics. However, when it comes to child domestic labor, children are too easily exposed to a various forms of exploitation and abuse.



According to the ILO:



'From an international law perspective, children who have reached the minimum working age in their country but are below 18 and are “legitimately” involved in domestic service are entitled to the rights guaranteed both by labour laws and standards, and by the UN Convention on the Rights of the Child. When they are working under exploitative conditions or are under the legal minimum working age they are recognised as child domestic workers, and in some cases they are considered to be in one of the worst forms of child labour, against which specific instruments and provisions have been adopted. As noted above, given its hidden nature and the characteristics of the employment relationship it is very difficult to draw the line between “legitimate domestic work” and its exploitative forms. In fact, evidence shows that in most countries children involved in domestic service are largely involved in what has been previously defined as “child domestic labour”.
Since the early 1930s, the ILO has been able to address the situation of child domestic labour in its most severe forms through its Forced Labour Convention (No.29) that addressed forced and compulsory labour for both children and adults.
With the adoption of the Minimum Age Convention (No.138) in 1973 and the Worst Forms of Child Labour Convention (No.182) in 1999, the Organisation has two fundamental international instruments to frame its policy and action response. The implementation of these Conventions is a key starting point to target child domestic labour and eradicate its worst forms. Under these Conventions governments are called on to commit to action and implement specific measures to eliminate child labour. Monitoring and follow up mechanisms are also in place to evaluate a country’s compliance to its international obligations as enumerated in the Conventions. Such mechanisms include periodic reports by Governments, reports to the Committee of Experts by workers and employer’s organisations, and the revision of individual cases by the annual International Labour Conference.
Convention No.138 requires the adoption of national policies for the effective abolition of child labour and a specific minimum age for the admission to employment. The enforcement of this Convention, particularly as far as domestic labour is concerned, is the main challenge since this sector is often excluded from the coverage of the Convention and from national labour laws.
Although it does not explicitly define child domestic labour as a worst form of child labour, Convention No.182, ratified by 163 countries as of 2006, includes a number of important provisions that are applicable to it. It calls on governments to implement effective time-bound measures to eliminate the worst forms of child labour, undertake action programmes to prevent it, promote and support reintegration of child workers into their communities and families, provide access to free education, identify children at special risk with a view to protecting them and, particularly relevant for child domestic labour, it gives special attention to the vulnerabilities of the girl-child.
Both Conventions encourage countries to compile a list of hazardous child labour and many countries have included domestic labour in the list.
The ILO, through its International Programme on the Elimination of Child Labour (IPEC), works in support of government efforts to fulfil international commitments under these Conventions. It encourages countries to adopt a set of strategies at the national level that aim at creating an enabling environment to eliminate child labour and at withdrawing and preventing children from being engaged in it. The Time-Bound Programme (TBP) approach is one means of implementing this. It comprises a set of integrated and coordinated policies and interventions with clear goals, specific targets and a defined time frame, aimed at preventing and eliminating a country’s worst forms of child labour.'

http://www.ilo.org/ipec/areas/Childdomesticlabour/lang--en/index.htm

Some things that these children must face include:

• long, exhausting days
• exposure to harsh chemicals
• carrying heavy loads
• using dangerous objects, such as hot pans, knives, etc.
• insufficient amounts of food and accommodation
• cruel and humiliating behavior, including verbal, physical and sexual abuse

In regards to a fair outcome, the ultimate outcome would be the elimination of child domestic labor-- it is essentially a form of slavery. I am sure everyone would love to see these children out playing with other children their own age, except for the person forcing labor upon the child of course. How would you feel if you saw your child struggling to survive as he or she served someone who regularly degraded him or her and didn't provide adequate living conditions? Exactly, you most likely wouldn't allow this to happen-- so why do we let this happen to other children, here, in the United States as well as the rest of the world. But the real question is: how do we go about changing this? Well there are many things we can do. Now, I am not saying, in any way, that this problem can be changed overnight; actually, it could take as long as decades to change this-- that is how big of an issue this is. Essentially, we would use the Polis in diminishing child domestic labor.

The four major things that could be done are:

1. Education
2. Child Labor Monitoring (continually checking the places where young boys and girls work for exploitation and hazards)
3. Labor Inspections (checks for possible hazards and that workers are of the minimum legal working age as well as protected-- it also refers unacceptable settings, conditions, and treatment to the proper authorities)
4. Time-Bound Programs (called upon by the ILO Convention No. 182 to take immediate action in the worst child domestic labor cases)

"Countries ratifying this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency, including time-bound measures to:

• prevent the engagement of children in the worst forms of child labour;
• provide direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration;
• ensure access to free basic education and appropriate vocational training for all children removed from the worst forms of child labour;
• identify and reach out to children at special risk; and
• take account of the special situation of girls."

http://www.ilo.org/ipec/Action/Time-BoundProgrammes/lang--en/index.htm

"Education is the Key to our Future...."

In an article on the ILO's website (http://www.ilo.org/), the author states,

"Experience shows that a combination of economic growth, respect for labour standards, universal education and social protection, together with a better understanding of the needs and rights of children, can bring about a significant reduction in child labour. Child labour is a stubborn problem that, even if overcome in certain places or sectors, will seek out opportunities to reappear in new and often unanticipated ways. The response to the problem must be as versatile and adaptable as child labour itself. There is no simple, quick fix for child labour, nor a universal blueprint for action."

The IPEC attempts to address the issue of child domestic labor through the use of "research and statistics, technical co-operation, a monitoring and evaluation unit, advisory services and advocacy, and an education unit." Thus far, the IPEC has proven successful in the prevention and rehabilitation of former child domestic laborers in a formal and informal setting.