HUMAN RIGHTS, ILO AND INDIAN CONSTITUTION

The idea of defining and protecting the legal rights of men is very old, but,
the expression 'Human Rights' as a term of art is of recent origin. The protection
of oppressed or endangered groups was practiced by many countries which gave
birth to the Human Rights concept.
HUMAN RIGHTS PROGRAMME:
Human rights are fundamental and inalienable rights of every human being which
are essential for living as human being.
UNO has played a major role in protecting and promoting Human rights at global
level act as an instrument in organising many conferences, committees etc., for
purpose of promoting Human rights. The Human Rights Programme of the
United Nations is enshrined in three documents
(a) Charter of the United Nations
(b) the Universal Declaration of Human Rights,
(C) the Draft Covenants on Human Rights.
 International Covenant on civil & Political Rights 1966
 International covenant on economic, Social & Cultural Rights
1966
 Regional Human rights Organisation

United Nation Charter is the first and foremost international document

which affirmed the respect for Human rights and fundamental freedoms.
The preamble of U.N Charter begins with the words ‘we the people of United
Nations determined to reaffirm faith in fundamental human rights, in the dignity
and worth of human person, in the equal rights of men and women and of nations
large and small.’

The provision of UN Charter concerning on

 Fundamental human rights
 The human dignity and human worthiness
 Equal rights to both men and women
 Equal rights to nations either small or large and their people

The Universal Declaration of Human rights is Sacro sanctity, Magna Carts

of Mankind adopted, by the General Assembly on December 10, 1948. The whole
programme on Human Rights is .an effort to recognize the right of individuals to
human values. It recognizes the inherent dignity and the equal and inalienable
rights of all members of the human family, these are based on the 184 foundation
of freedom, justice and peace in the world, it also proclaims that the freedom of
speech and belief, and freedom from fear and want are the highest aspirations of
the common people: It holds that if a man is not to be compelled to have recourse
to recourse to rebellion against tyranny and oppression, human rights should be
protected by the rule of law.
The Member States of the UN recognize that they are all committed to
promote respect for and observance of human rights and fundamental freedoms.
article 1 (3) of the Charter holds that all members are expected to encourage
respect for Human Rights. Further Article 55 (c) provides that the members shall
promote universal respect for and observance of human rights and fundamental
freedoms
"The General Assembly proclaims This Universal Declaration of Human
Rights as a common standard of achievement for all peoples and all nations, to
the end that every individual and every organ of society, keeping this Declaration
constantly in mind, shall strive by teaching and education to promote respect for
these rights, and freedoms, and by progressive measures, national and
international, to secure their universal and effective-recognition and observance
both among the peoples of member states themselves, and among the peoples of
territories under their jurisdiction".

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS:

 The Declaration is spread over 30 Articles.
General Rights (Article 1-2)
All human beings are born free and equal in dignity and rights. They are
endowed with reason and conscience and should act towards one another in a
spirit of brotherhood.
Everyone is entitled to all the rights and freedoms set forth in this Declaration,
without distinction of any kind, such as race, colour, sex language, religion,
political or other opinion, national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the" basis of the political,
jurisdictional or international status of the country or territory to which a person
belongs, whether it be independent, trust, no selfgoverning or under any other
limitation of sovereignty.
Civil and Political Rights (Article 3 – 21)
  ARTICLE 3 Everyone has the right to life, liberty and security of person.
 ARTICLE 4 No one shall be held in slavery or servitude; slavery and the
slave trade shall be prohibited in all their forms.
 ARTICLE 6 Everyone has the right to recognition everywhere as a person
before the law
 ARTICLE 7 All re. equal before the law
 ARTICLE 8 Everyone has the right to an effective remedy by the
competent national tribunals for acts, violating the fundamental rights
granted by the constitution or by law
 ARTICLE 20 (1) Everyone has the right to freedom of peaceful assembly
and association. (2) No one may be compelled to belong to an association.
Economic, Social and Cultural Rights (Article 22-28)
 ARTICLE 22 Every—one as a member of society, has the right to social
security
 ARTICLE 23
o (1) Everyone has the right to work, to free choice of employment,
to just and favourable conditions of work and to protection against
o (2) Everyone, without any discrimination, has the right to equal pay
for equal work.
o (3) Every—one, who works, has the right 1(5 -just and favourable
remuneration ensuring for himself and his family an existence
worthy of human dignity, and supplemented if necessary, by other
means of social protection.
o (4) Everyone has the right to form and to join trade unions for the
protection of his interests.
 ARTICLE 24 Everyone has the right to rest, and leisure, including
reasonable limitation of working hours and periodic holidays with pay.
 ARTICLE 25
o (1) Everyone has the right to a standard of living adequate for the
health and wellbeing of himself and of his family, including food,
clothing, housing and medical care and necessary social services and
the right to security in the event of unemployment, sickness,
disability, widowhood, old age, or other lack of livelihood in
circumstances beyond his control.

The Declaration of 1948 is the only worldwide official document where the
human rights of which the Charter speaks are set forth. It proclaims not only the
traditional political and civil rights and freedoms of its national predecessors but
also economic, social and cultural rights. It has penetrated into international
conventions, national constitutions and legislation and even in isolated cases into
court proceedings.

CONVENTIONS SUPPLEMENT TO THE 1948 DECLARATION

 The Declaration of the Elimination of all forms of Racial Discrimination

 The Declaration on the Promotion among Youth of the Ideals of Peace,
Mutual respect, and Understanding between Peoples
 The Declaration on the Elimination of Discrimination against Women

HUMAN RIGHTS AND INDIAN PERSPECTIVE

India is a sovereign, socialist, secular democratic republic. Every attribute

of the Republic is bed rocked in human rights - the sovereignty of the people over
the entire resources of the nation, the secular liberation the socialize harvest of
economic, cultural. and other rights and democratic participation in the
administration of the country. These are implicit in the Constitution of India,
especially in the Preamble, Part Ill and Part IV which according to some jurists is
the conscience of the Constitution.
The Constitution of India, describes, in Parts Ill and IV that the human
rights relating to
(a) civil and political and
(b) economic, Cultural and social rights as fundamental.
The Amendments to the constitution during 1976, 1979 and 1980 etc. project the
fact that so far as the Indian people are concerned, there is distinction between
political, civil, economic and cultural rights.
Similar Approach has been made by the judiciary also. The Supreme Court
has often adopted a harmonious approach and has read political, economic and
social justice into the living law of the land. the legislature was also giving effect
to the International Conventions and the Declarations. The legislation and the
judicial decisions in India guaranteed every—one the right in all circumstances
to be treated with humanity and respect for the inherent dignity of the human
person.

CONSITITUTION OF INDIA & U.N. DECLARATION

FUNDAMENTAL RIGHTS THE U.N. DECLARATION OF
UNDER CONSTITUTION OF HUMAN RIGHTS
INDIA
 Article 14: The State shall not  Article-7 All are equal before
deny to any person equality the law and are entitled without
before the law and of equal any discrimination to equal
protection of the law protection of the law
 Article 15 (1) The State shall  Article -7 All are equal before
not discriminate against any the law and are entitled without
citizen on grounds only of any discrimination to equal
religion, race, caste, sex, place protection of the law
of birth or any of them
 Article 16 (1) There shall be  Article 21(2) Everyone has the
equality of opportunity for all right of equal access to public
citizens in matters relating to service in his country
employment
 Article 19 (a) All citizens shall  Article 19 Everyone has the
have the right to freedom of right to freedom of opinion and
speech and expression expression
 Article 19 (1) (b) Right to  Article23(4) Everyone has the
assemble peace Fully without right to form and to join trade
arms unions for the protection of his
 Article 19 (1) (c) Right to form interests.
Unions
 Article 19 (1) Right to reside  Article 13 (1) Everyone has the-
and settle (d)in any part of the right to freedom movement and
Territory of India residence within the borders of
each State
 Article 300A Right to acquire,  Article 17 (1) Everyone has the
hold and dispose of the right to own property alone as
property well as in association with others
 No one shall be arbitrarily
deprived of his property
 Article 20 (1) No person shall  Article 11 (2) No one shall be
be convicted of any offence held guilty of any penal offence
except for violation of a law in on account of any act or
 force at the time of the omission which did not
commission of the Act charged constitute a penal offence, under
as an Offence not be subjected national or international law, at
to a penalty. greater than that the time when it committed. Nor
which might have been shall heavier penalty be imposed
inflicted under the law in force than the on a that was applicable
at the time of the commission at the time the penal-offence was
of the offence. I.e., no committed.
subjection to ex--post facto
laws
 Article-21 No person shall be  Article 4 No one shall be held in
of his life and personal the slavery or servitude; slavery and
procedure established by law. the slave trade shall be
 Article-23 Traffic in human prohibited in all their forms.
beings and beggary and other
similar forms of forced Labour
are prohibited.
 Article 25 (1) All persons are  Article 18 Everyone has the
equally entitled to freedom of right to freedom of thought,
conscience and the right freely conscience and religion, this
to profess, practice and right includes freedom to change
propagate religion his religion or belief and
freedom either alone or in
community with others and in
public or private, to manifest his
religion or belief in teaching,
practice, worship and
observance.
 Article 29 (1) Citizens residing  Article 22 Every—one as a
in the territory of India having member of society, has the right
distinct language script of to social security and is entitled
culture of its own shall have the to realization, through national
right to conserve the same effort and international co—
operation and in accordance
with the organization and
resources of each state, of the
economic, social and cultural
 rights, indispensable for his
dignity and the free development
of his personality.
 Article 32 The right to move  Article 8 Everyone has the right
Supreme Court by appropriate to an effective remedy by the
proceedings for the competent national tribunals for
enforcement of the right acts, violating the fundamental
conferred by this part is rights granted by the constitution
guaranteed or by law.

From the above table it becomes clear that several of the basic human rights
contemplated by the Universal Declaration have been in one form or the other
reflected in the Constitution of India. However, it is not disputed that according
to our Constitution some of these rights fall into the category of nonjusticiable
rights and others into judiciable rights.

OTHER LEGAL ENACTMENTS

The Protection of Human Rights Act, 1993 section 2(d) defines

‘Human Rights’ as rights relating to life, liberty, equality and dignity of the
individual guaranteed by the Indian constitution or embodied in the International
covenants (legal agreement) enforceable by the Indian Courts. The Protection of
Human Rights Act, 1993 was enacted to provide for the constitution of a National
Human Rights commission and state human rights commission in states and
human rights courts for better protection of human rights.

 Equal Remuneration Act,1976

 The Child Labour (prohibition & Regulation act)1986
 The Factories Act 1949
 The Mines (amendment act) 1983

HUMAN RIGHTS AND PREAMBLE OF ILO

International Labour Organisation (ILO) has achieved creditable success in

rendering social justice for workers. The preamble of ILO makes major two
claims that is Universal peace can be established only if it based upon social
justice. Mentioned claim have been one rationale wisdom in the light of positive
relationship and promote human rights.

ILO AND DECLARATION OF HUMAN RIGHT

The Conventions on Human Rights adopted by the ILO aced to
 Right of Association (Agriculture) Convention 1921
 Forced Labour convention 1930
 Freedom of Association
 Protection of Right to Organize Convention 1948
 right to Organize and collective Bargaining Convention 1949
 Equal Remuneration Convention 1951
 Abolition of Forced Labour Convention 1957 and Discrimination
(Employment & Occupation) Convention 1958.

INTERNATIONAL COURT OF JUSTICE

The International Court of Justice is the principal organ of the United

Nations. It has decided many disputes relating to genocide, suppression of traffic
in person, abolition of slavery, slave trade, discrimination in education in
marriages, torture and other cruel inhuman or degrading treatments to human
beings.

The International Court of Justice (ICJ) is by virtue of Article 37(1) of the

Constitution of International labour organisation, the only body competent to give
authoritative interpretations of ILO Conventions. Article 37(2) provides for the
establishment of an in-house tribunal for the expeditious settlement of disputes
relating to the interpretation of Conventions based on the understanding that not
all questions of interpretation are highly controversial or complex to merit referral
to the ICJ.

WOMEN WORKERS

Empowerment of women is a socio-political ideal envisioned in relation to

the wider framework of women’s rights. It is a process that leads women to realise
their full potential, their rights to have access to opportunities, resources and
choices with the freedom of decision making both within and outside home.
Empowerment would be achieved only when advancement in the conditions of
women is accompanied by their ability to influence the direction of social change
gained through equal opportunities in economic, social and political spheres of
life. The Constitution of India conveys a powerful mandate for equality and rights
of women in its Preamble, Fundamental Rights, and Duties and also provides for
specific provisions for affirmative actions. Gender equality requires equal
enjoyment by women and men of socially-valued goods, opportunities, resources
and rewards. Where gender inequality exists, it is generally women who are
excluded or disadvantaged in relation to decision-making and access to economic
and social resources. Therefore a critical aspect of promoting gender equality is
the empowerment of women, with a focus on identifying and redressing power
imbalances and giving women more autonomy to manage their own lives.
GENDER EQUALITY IN ILO’S MANDATE-
Universal and lasting peace can develop only on the basis of social justice. This
is declared in the preamble to the ILO’s Constitution of 1919. Even at that time,
immediately after the First World War, the protection of women and the principle
of equal remuneration for work of equal value were highlighted as areas calling
for immediate action. At Philadelphia, in 1944, the International Labour
Conference adopted a Declaration, now an annex to the Constitution, which
proclaims that “all human beings, irrespective of race, creed or sex, have the right
to pursue both their material well-being and their spiritual development in
conditions of freedom and dignity, of economic security and equal opportunity”.
The Declaration also states that “poverty anywhere constitutes a danger to
prosperity everywhere”.
Women workers’ rights constitute an integral part of the values, principles and
objectives that are at the core of the ILO’s mandate to promote social justice and
decent work – fairly paid, productive work carried out in conditions of freedom,
equity, security and dignity. While constantly adhering to this goal, the approach
has changed considerably, in response to the evolving roles of women and men
in society. Perceptions of the “traditional” share of paid labour and unpaid family
or care work have been, and are still, undergoing profound changes. The ILO has
not only reacted to those societal changes but has also taken a leading role in
shaping a more equal future in the world of work. It does this by:
• promoting gender equality through international labour standards;
• advocating for measurable progress toward gender equality with its constituents
(governments, employers and workers’ organizations) and in its own structures
and processes; • promoting gender equality through technical cooperation around
the world; and
• promoting gender equality through the management, dissemination and sharing
of relevant knowledge.
The ILO has adopted two important instruments for ensuring accountability on
gender equality. They are the most recent Resolution on gender equality, pay
equity and maternity protection, adopted at the 2004 International Labour
Conference and calling for more active contribution to eliminating gender
discrimination and promoting gender equality and a Decision, taken by the ILO’s
Governing Body in March 2005, making gender mainstreaming obligatory in all
the ILO’s technical cooperation activities. Emphasis on gender equality in
technical cooperation was reinforced in the 2006 ILC Resolution and Conclusions
on technical cooperation, which says that the ILO should “actively promote
mainstreaming of gender equality in donor partnership agreements”.
Social dialogue, typifying the ILO’s inclusive approach to all its work, also
underpins gender equality by recognizing the need for women and men to have
an equal voice in the world of work.
GENDER INEQUALITY IN INDIA
An analysis of gender equality is very essential to understand the level of women
empowerment in Indian society. According to Dijkstra and Hanmer (2000),
gender inequality in India refers to health, education, economic and political
inequalities between men and women in India. As per the report by Tisdell, Roy
and Ghose (2001), various international gender inequality indices rank India
differently on each of these factors, as well as on a composite basis, and these
indices are controversial. Gender inequalities, and its social causes, impact
India’s sex ratio, women's health over their lifetimes, their educational
attainment, and economic conditions. Gender inequality in India is a multifaceted
issue that concerns men and women alike. However, when India’s population is
examined as a whole, women are at a disadvantage in several important ways.
INDIAN CONSITUTUION
The Constitution of India granted equality to women and empowered the State to
take special measures of positive discrimination by eliminating the cumulative
socio economic, education and political disadvantages faced by the women. The
Fundamental Rights ensure equality before the law and equal protection of law
and prohibit any kind of discrimination against women irrespective of religion,
race, caste, sex or place of birth, and guarantee equality of opportunity to all
citizens in matters relating to employment. Articles 14, 15, 15(3), 16, 39(a), 39(b),
39(c) and 42 of the Constitution are of specific importance in this regard.
The Preamble contains the essence of the Constitution and reflects the ideals and
aims of the people. The Preamble starts by saying that we, the people of India,
give to ourselves the Constitution. The source of the Constitution is thus traced
to the people, i.e. men and women of India, irrespective of caste, community,
religion or sex. The makers of the Constitution were not satisfied with mere
territorial unity and integrity. If the unity is to be lasting, it should be based on
social, economic and political justice. Such justice should be equal for all. The
Preamble contains the goal of equality of status and opportunity to all citizens.
This particular goal has been incorporated to give equal rights to women and men
in terms of status as well as opportunity.
Part III of the Constitution consisting of Articles 12-35 is the heart of the
Constitution. Human Rights which are the entitlement of every man, woman and
child because they are human beings have been made enforceable as
constitutional or fundamental rights in India. The framers of the Constitution
were conscious of the unequal treatment and discrimination meted out to the
fairer sex from time immemorial and therefore included certain general as well
as specific provisions for the upliftment of the status of women.
Justice Bhagwati in Maneka Gandhi v. Union of India said:
”These fundamental rights represent the basic values cherished by the people of
this country since the Vedic times and they are calculated to protect the dignity
of the individual and create conditions in which every human being can develop
his personality to the fullest extent.”
 Article 14 guarantees that the State shall not deny equality before the law
and equal protection of the laws.
 Article 15 prohibits discrimination against any citizen on the ground of sex
and Article 15(3) empowers the state to make positive discrimination in
favour of women and child- It permits the State to make special provisions
to ameliorate their social condition and provide political, economic and
social justice. The State in the field of Criminal Law, Service Law, Labour
 Law, etc. has resorted to Article 15(3) and the Courts, too, have upheld the
validity of these protective discriminatory provisions on the basis of
constitutional mandate.
 Article 16 provides equality of opportunity in matters of public
employment. The Constitution, therefore, provides equal opportunities for
women implicitly as they are applicable to all persons irrespective of sex.
However, the Courts realize that these Articles reflect only de jure equality
to women. They have not been able to accelerate de facto equality to the
extent the Constitution intended.
C.B. Muthumma v. Union of India
Muthamma is known for her successful crusade for gender equality in the Indian
Civil Service. The Ministry for external affairs had not promoted CB Muthamma
to the post of foreign secretary. Muthamma had to take the Ministry of External
Affairs to court when she was denied promotion to Grade I of the service on
grounds of “merit.” She petitioned the government, claiming that she had been
overlooked for promotion and that the rules governing the employment were
discriminatory.
The Supreme Court upheld the case in 1979 in a landmark judgment by a three-
member Bench headed by Justice V.R. Krishna Iyer. The judgment of
Muthamma's case described the Foreign Service as ‘misogynist.’
 Article 21 guarantees protection of life and personal liberty.
Vishaka v. State of Rajasthan
The “Vishaka Guidelines” created by India’s Supreme Court were the first
enforceable civil law guidelines on the rights of women to be free from violence
and harassment in both public and private employment. The litigation resulted
from a brutal gang rape of a publicly employed social worker in a village in
Rajasthan during the course of her employment. The petitioners bringing the
action were various social activists and non-governmental organisations. The
primary basis of bringing such an action to the Supreme Court in India was to
find suitable methods for the realisation of the true concept of “gender equality”
in the workplace for women. The Supreme Court, in the absence of legislation in
the field of sexual harassment of working women at their place of work,
formulated guidelines for their protection. The Court said:
"Gender equality includes protection from sexual harassment and right to work
with dignity which is a universally recognised basic human right.
  Article 23 prohibits trafficking in human beings and forced labour. Article
23 of the Constitution specifically prohibits traffic in human beings.
Trafficking in human beings has been prevalent in India for a long time in
the form of prostitution and selling and purchasing of human beings.
Gaurav Jain v. Union of India
The condition of prostitutes in general and the plight of their children in particular
was highlighted. The Supreme Court held that the children of the prostitutes have
the right to equality of opportunity, dignity, care, protection and rehabilitation so
as to be part of the mainstream of social life without any pre-stigma attached on
them. The Court directed for the constitution of a committee to formulate a
scheme for the rehabilitation of such children and child prostitutes and for its
implementation and submission of periodical report of its Registry. It said that
women should be viewed more as victims of adverse socio-economic
circumstances than offenders in our society.
 Article 39 provide certain principles of policy to be followed by the state.
 Article 39(a) directs the State to direct its policy towards securing that
citizens, men and women, equally have the right to an adequate means of
livelihood.
 Article 39(d) directs the State to secure equal pay for equal work for both
men and women. The State in furtherance of this directive passed the Equal
Remuneration Act, 1976 to give effect to the provision.
 Article 39(e) specifically directs the State not to abuse the health and
strength of workers, men and women.
 Article 42 of the Constitution incorporates a very important provision for
the benefit of women. It directs the State to make provisions for securing
just and humane conditions of work and for maternity relief. The State has
implemented this directive by incorporating health provisions in the
Factories Act, Maternity Benefit Act, Beedi and Cigar Workers
(Conditions of Employment) Act, etc.
 Article 51-A (e) states that- “It shall be the duty of every citizen of India to
promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religion, linguistic, regional or sectional
diversities; to renounce practices derogatory to the dignity of women".
ILO’S CONVENTIONS ON WOMEN WORKERS
The ILO’s goal is to promote equal opportunities for women and men to
obtain Decent Work. This is fairly paid productive work carried out in conditions
of freedom, equity, security and human dignity. ILO considers gender equality a
critical element in efforts to achieve its four strategic objectives:
 Promote and realize standards and fundamental principles and rights at
work
 Create greater opportunities for men and women to secure decent
employment and income
 Enhance the coverage and effectiveness social protection for all
The ILO's mandate to promote gender equality in the world of work is enshrined
in its Constitution and reflected in relevant international labour standards. The
four key ILO gender equality Conventions are the Equal Remuneration
Convention (No. 100), Discrimination (Employment and Occupation)
Convention (No. 111), Workers with Family Responsibilities Convention (No.
156) and Maternity Protection Convention (No. 183). Conventions 100 and 111
are also among the eight fundamental Conventions and the principles and rights
enshrined in those Conventions are found in the ILO Declaration on Fundamental
Principles and Rights at Work.
1. Equal Remuneration Convention, 1951 (No. 100)-
The Equal Remuneration Convention (No. 100) was formally adopted in 1951
and entered into force in May 1953. The Convention focuses on gender
discrimination in employment and outlines principles for the equal remuneration
for work of equal value independent of whether it is performed by men or women.
In order to achieve equal pay, Parties to the Convention are required to implement
domestic laws, regulations on wage determination and/or support collective
agreements between workers’ and employers’ organisations. The Convention’s
implementation is supervised by the ILO’s Committee of Experts. Every three
years, a State Party must report on the current state of implementation, which is
reviewed and evaluated by the Committee of Experts.
Discrimination (Employment and Occupation) Convention (No. 111)-
The Discrimination Convention (No. 111) was formally adopted in 1958 and
entered into force in June 1960. The Convention lays out a definition for
discrimination and forbids distinction, exclusion or preference based on race,
colour, sex, religion, political opinion, national extraction, or social origin. Parties
to the Convention are required to set up and align national policies to guarantee
equality of treatment and opportunity. The Convention’s implementation is
supervised by the ILO’s Committee of Experts. The Committee also reviews and
evaluated the State Party reports which must be submitted every three years.
3. Workers with Family Responsibilities Convention (No. 156)-
Workers with Family Responsibilities Convention, 1981 is an International
Labour Organization Convention. It was established in 1981, with the preamble
stating: “Having decided upon the adoption of certain proposals with regard to
equal opportunities and equal treatment for men and women workers: workers
with family responsibilities...”
4. Maternity Protection Convention (No. 183)-
The convention’s main aim is to promote equality of all women in the workforce
and the health and safety of the mother and child, and in order to recognize the
diversity in economic and social development of Members, as well as the
diversity of enterprises, and the development of the protection of maternity in
national law and practice, and taking into account the circumstances of women
workers and the need to provide protection for pregnancy, which are the shared
responsibility of government and society.

CHILD WORKERS

EMPLOYMENT OF CHILDREN AND YOUNG PERSONS:

ILO Conventions on Child Labour:
 Convention No.138 on Minimum Age
 Convention No.182 on the Worst Forms of Child Labour

These Conventions are “fundamental” Conventions. This means that,

under the ILO Declaration on Fundamental Principles and Rights at Work , all
ILO member States have an obligation to respect, promote and realize the
abolition of child labour , even if they have not ratified the Conventions in
question.
ILO Recommendations on Child Labour:
 Recommendation No.146 on Minimum Age
 Recommendation No.190 on the Worst Forms of Child Labour
ILO Conventions on Protection of Children and Young Persons:
 Convention No.77 on Medical Examination of Young Persons
(Industrial)
 Convention No.78 on Medical Examination of Young Persons (Non-
Industrial Occupations)
 Convention No.124 on Medical Examination of Young Persons
(Underground Work)

ILO Recommendations on Protection of Children and Young Persons:

 Recommendation No.79 on Medical Examination of Young Persons
 Recommendation No.125 on Conditions of Employment of Young
Persons (Underground Work)

ILO MINIMUM AGE CONVENTION NO.138, 1973 AND ITS

RECOMMENDATION NO.146
One of the most effective methods of ensuring that children do not start
working too young is to set the age at which children can legally be employed or
otherwise work. The aim of ILO Convention No.138 on the minimum age is the
effective abolition of child labour by requiring countries to:
1) establish a minimum age for entry into work or employment; and
2) establish national policies for the elimination of child labour.
The Recommendation No. 146 which accompanies Convention No. 138,
stresses that national policies and plans should provide for: poverty alleviation
and the promotion of decent jobs for adults, so that parents do not need to resort
to child labour; free and compulsory education and provision of vocational
training; extension of social security and systems for birth registration; and
appropriate facilities for the protection of children, and adolescents who work.
To achieve the elimination of child labour, laws setting minimum ages for work
should be embedded in such comprehensive policy responses.
ILO WORST FORMS OF CHILD LABOUR CONVENTION, 1999
(NO.182) AND ITS RECOMMENDATION NO.190
This is the first ILO Convention to achieve universal ratification. It was
also the most rapidly ratified Convention in the history of the ILO, with the
majority of ratifications occurring within the first 3 years after it was adopted in
1999.
 Child labour, as the statistics clearly demonstrate, is a problem of immense
global proportions. Following its comprehensive research into the issue, the ILO
concluded that it was necessary to strengthen existing Conventions on child
labour. Convention No. 182 helped to focus the international spotlight on the
urgency of action to eliminate as a priority, the worst forms of child labour
without losing the long-term goal of the effective elimination of all child
labour. Convention No. 182 requires countries to take ratifying countries to take
immediate, effective and time-bound measures to eliminate the worst forms of
child labour as a matter of urgency.
The Recommendation No. 190 , which accompanies Convention No. 182,
recommends that any definition of “hazardous work” should include: work which
exposes children to physical, psychological or sexual abuse; work underground,
underwater, at dangerous heights or in confined spaces; work with dangerous
machinery, equipment and tools or carrying heavy loads; exposure to hazardous
substances, agents or processes, or to temperatures, noise levels or vibrations
damaging to health; work for long hours, night work, and unreasonable
confinement to the premises of the employer.
A majority of countries have now adopted legislation to prohibit or place
severe restrictions on the employment and work of children, much of it following
ratification of the child labour Conventions. In spite of these efforts, child labour
continues to exist on a massive scale, sometimes in appalling conditions,
particularly in the developing world. This is because child labour is an immensely
complex issue. It cannot be made to disappear simply by the stroke of a pen.

Nevertheless, the basis of determined and concerted action must be

legislation, which sets the total elimination of child labour as the ultimate goal of
policy, and puts measures into place for this purpose, and which explicitly
identifies and prohibits the worst forms of child labour to be eliminated as a
matter of priority.