LAW0426 Employment Law In A Global Context

Question:

1. Identify and analyze a current global employment issue.

This will serve as the basis of your presentation for Assessment 1 and be used to develop the written report needed for Assessment 2.

Criteria for Assessment

Students must do certain things to achieve a 70% average or better

To be aware of important legal issues and to make critical arguments

Identification of a current legal problem

It is important to be critical.

The law is examined in relation to the relevant laws, policies, procedures.

Research

Competent use of pertinent materials as discussed during class and obtained by own thorough research, i.e.

Relevance (evaluation research)

A thorough knowledge of the cases relevant to your case is required.

Creativity, quality of the argument and critical thinking

The answer must be written in an orderly, sequential manner.

Quality and presentation of written communication

It should contain very few typos, punctuation errors and grammatical mistakes.

Additional comments / if any, for instance re:

Draw reasonable conclusions that address the issue.

Students must share their thoughts on the law’s effectiveness, which should be well thought out and clearly argued.

Answer:

Introduction

This report seeks to shed light on Nigeria’s ongoing child labour crisis.

To protect the rights of children, the report would examine both the Nigerian laws and those provided by international governing bodies, such as UNICEF and ILO.

Child labour is a sin.

For a few dollars, child labour can compromise the children’s future.

In some cases, the child labour is necessary to provide income for survival necessities.

If a child is forced to labour, he/she must work hard to achieve independence in the future.

Most child labour in Nigeria happens by force, and not all children are forced to do child labour.

There is an age limit that a child can’t engage in heavy work, both under domestic and international laws.

However, it often seems that the legislations only serve as a framework without any implementation.

Putnick, Diane, Marc Bornstein and Marc Bornstein say that all children and young people have equal rights no matter where they live or their gender.

These rights include the right of protection, survival, and education.

Maconachie says Roy and HilsonNigeria were criticised for violating the rights of children and human beings within their territories.

The report provides an overview of the current situation in Nigeria with regard to child labor and also outlines international and national laws that are applicable to child labor.

It also contains recommendations to help improve child labour conditions in the country.

Children are often forced to work in Nigeria’s cities.

This is due to the large migration of people from rural areas to cities in Nigeria.

The country has seen a dramatic increase in population. This has also led to a rapid rise in urban migration.

Uyo, Akwa Ibom State’s capital, has experienced rapid urbanization. Many poor rural families have moved to the area as a result.

This is why many children have to work in order for their families to survive.

Nigeria’s child labour rate is rising alarmingly.

Twelve million child labour cases were reported in Nigeria between 1995 and 2006.

This number rose to fifteen million in 2006 due to the fact that children under 14 years old were allowed to engage in child labor.

According to the most recent statistics, more than twenty-million Nigerian children have been subjected to child labour in the country.

International Labour Organisation estimates that by 2020, 30% of Nigerian children would be exposed to child labor.

Nigerian children work in many different sectors including mining, street hawking, fishing farms, armed conflict, fishing farms, child trafficking, and mining.

Street hawking, which involves children working all day, is the most common form child labour in Nigeria. This prevents them from having the chance to enroll in schools. Children who have already been enrolled in school are also forced to leave.

Awosusi& Adebo (2012) state that the majority of child labourers in the nation are subject to sexual, psychological, physical, and mental abuse.

Children are often forced to work in extremely harsh conditions and receive very little pay.

Nigerian children are required to attend school until the age of nine.

Primary education is free and compulsory in the country.

Many children who are part of child labor do not enroll in schools.

Additional factors, such as early marriages, teenage pregnancy and poverty, increase dropout rates and lead to child labour.

The Nigerian Legal Framework For Child Protection

Nigeria’s federal government has adopted various policies and laws to enhance children’s welfare. These include the eradication and implementation of child right and child labour.

Nigeria has a variety of international instruments and local laws that establish child rights.

Constitution of Federal Republic of Nigeria gives children and citizens of Nigeria certain fundamental rights.

The criminal code provides various offences that can be used to preserve and protect children’s dignity.

Below is an overview of Nigeria’s laws that can be used to protect children.

2003 Child’s Rights Act

2002 Edo State Female Genital Mutilation Prohibition Law

Cross River State Girl Children Marriages and Female Circumcision Law 2000

Children also have protection from psychological and physical violence through the Sharia Penal codes of Kaduna, Zamfara and Sokoto states of Nigeria.

Bauchi State Hawking By Children (Prohibition) Edict Of 1985 CAP58

Trafficking in Persons Act (Prohibition) Law Enforcement and Administration Act;

010 (2001) on Abolition Harmful Traditional Practices Against Children & Women

The Children and Young People’s Act 1943 was adopted by the British government to protect children in Nigeria. It primarily dealt only with juvenile justice.

The federal laws of the country included the legislation in 1953.

The protection offered by the legislation was not sufficient according to the United Nations Standard minimum Rules for the Administration of Juvenile Justice (UNSMR), TheAfrican Charter on the Rights and Welfare of the Child, and the United Nations Convention of the Rights of the Child.

This led to the creation of the Child Rights Act 2003 by the government. It provides a stronger child protection system, as well as giving children the chance to be involved in their own development.

These rights were not included in the Children and Young People’s Act 433.

The CRA was enacted in 2003 to ensure the protection and proving of rights for Nigerian kids.

A child is any person under the age 18.

The legislation is broken into 11 schedules, 278 sections, and gives four fundamental rights to children: right to development and protection, participation and survival.

The ACRWC was an initial regional treaty regarding child rights. It was heavily modeled after the CRC’s principles.

Its preamble says that children are in a special position in African society. They need legal protection, as well as care for their physical, social, moral and mental development.

A child is any human being less than 18 years old, as per Article 2 of ACRWC.

A child under 14 years old is not permitted to work full time or heavy hours. This is according to international labour law standards.

The Nigerian labour law states that children must be twelve years old before they can engage in child labour.

The charter supports anti-discrimination and states that children have the inherent right to live and be protected by law.

The charter forbids capital punishment for children under eighteen.

In its preamble, the European Convention on the Exercise of Children’s Rights stresses the importance of protecting the rights and best interests of children.

The charter stipulates that children should have the right to exercise their rights during family proceedings. Children must also be provided all information pertinent to their benefits. Furthermore, the views of children must be given due weight wherever and whenever they are needed.

The charter also applies to people under the age 18 years.

The CRC is the most complete document on the subject of the child’s right to privacy.

This treaty, which has been in force for the longest time, protects the rights and interests of children during peacetime as well as times of conflict.

This treaty is famous for being the first to become a binding international law.

It established new rights for children, such as the right to preserve one’s identity (Article 7, 8), special refugee protection (Article 20, 22), right practice of their culture (Article 8, 30), freedom of expression (Article 13), the right through article 40 to a fair trial.

Four P’s are provided by the CRC for children. They include participation in decision making and protection against discrimination.

The 1973 minimum age convention was created as an instrument that would establish the minimum required age to be employed.

Nigeria has made a modest progress towards eliminating the worst forms of child labour.

The government adopted a law which limits the power of judges to allow for fines or shortening prison sentences for human trafficking cases.

The government has taken steps to bring criminal charges against those and groups involved in human trafficking that transported girls to Dubai for sexual exploitation.

The National Steering Committee also standardized child labour reporting.

The National Steering Committee has standardized child labour reporting in Nigeria. This includes the most severe forms of child work, such as armed conflict and quarrying gravels.

As we have discussed, the national legal framework in relation to child labor is inconsistent and falls below international standards.

The government has not taken adequate steps towards the implementation the National Action Plan to eliminate Child Labour.

The government has not implemented enough social programs to tackle the problem of child labor.

Nigerian officials have adopted three ILO conventions. These conventions establish minimum employment age for children working in industries, mines, and at sea.

Section 58-64 in the Labour Act was imposed by the CRA to prohibit exploitative labour.

A few states have also prohibited children from working outside of school hours.

But, the government still has problems with implementing such legislations.

In Nigeria, child labour is a problem because it is not accepted by most of the population.

The acceptance of child labor in urban areas has increased due to the recent migration. However, the majority of society does not understand the harmful effects of this practice.

It is becoming increasingly difficult for society to see that children are not only a source of income but also a threat to their bright future.

The practice of having girls work as child domestics has become very popular in Nigeria’s urban society.

Agenor Pierre and Alpaslan believe that child labor has a significant impact on the educational success of children.

Because of the high poverty rate in the country, child labour becomes an obligatory part of the society. This is because it allows the children to provide a livelihood for their families and themselves.

According toMakindechild labor is in many cases turned into child abuse, where the children aren’t paid what they deserve or exploited to meet their needs.

Child abuse is the most serious problem that is associated with child work. This not only causes harm to children but also leads to mental injuries that can last a lifetime.

Nigeria’s education system has been modified to improve the lives of children. Although primary education is compulsory, children will not be forced to attend school if they do not accept child labour as a standard practice.

The CRA provisions have been made to establish Family Courts, as per Part XIII Section 148-162.

The courts operate at both the magistrate and high level. They can hear all cases relating to claims, duties, liability, rights, privileges, and legal obligations in relation to children.

These courts protect children by providing special consideration for children who have committed crimes.

Conclusion

Children are the future and prosperity of any country. If they aren’t protected and given the best care, then no country will prosper.

According to Claire, Tanguy, and Salmon, if a society doesn’t stand up to children, it doesn’t stand for much.

It can be seen that there is a substantial gap between the existing laws and their effective implementations.

Lack of political will and economic strength in relation to government is one reason for this.

The country’s primary legislation on the protection of children (CRA) contains all the necessary provisions to ensure that children are not only protected from harmful practices but also have the opportunity to flourish in a healthy setting.

Many conventions and treaties have been mentioned in the paper that was created to safeguard the rights for children.

The government intends to enforce these laws in the territory. However, current statistics show that the actual implementation of these provisions is not happening.

However, the main problem with international laws is their inapplicability. This makes child labour more dangerous for our society and future.

Recommendations

Child Labour Units (CLUs), which are part of the Federal Ministry of Labour, must be strengthened urgently to ensure effective coordination and preventive intervention.

The domestic child labour laws must be compatible with international provisions. This can be done by domesticating certain international protocols and conventions relating to child labour.

CLUs should be included at both the community and local levels of governance.

By enhancing CLUs within FML&P, it is possible to strengthen the implementation of child labor policies as well as a few specific activities from the national action plan.

All levels of governance must incorporate child labour as a mainstream issue.

It is essential to strengthen the working relationship between the ERA bodies like family courts, state implementation committees, and national implementation commissions. This will allow for pooled resources to be evaluated and foster synergy.

Sensitization of the public to the future and present consequences of child labour through education.

References

“Marginalization of the informal urban economy: The case study of child waste pickers at Kaduna in Nigeria”

International Development Planning Review 36.2 (2014) : 155-180.

Adebayo, Anthony Abayomi and Olayinka Akanle.

“Gender, the academy in Nigeria”

AFRICAN JOINAL FOR THE PSYCHOLOGICAL RESEARCH OF SOCIAL ISSUES 17.1 (2014) 147-154.

“Barriers to accessing Nigerian healthcare: implications for child survival”

Global Health Action, 7.1 (2014): 23499.

“Practices in child labour among Nigerian parents in Ekiti State: Implications for school administrators.”

Adeoti. Adetola Ibidunni. A. S. Coster. A. O. Gbolagun.

“Child farm labour in rural households of South-West Nigeria,”

Global Journal of Human Social Science Research 13.1 (2013).

Adesina Olubukola s. “Modern-day slavery: poverty and child traficking in Nigeria.”

African Identities 12.2 (2014) : 165-179.

History of child wage exploitation, Nigeria.

Agenor Pierre-Richard and Baris alpaslan

“Child labour and intra-household bargaining: economic growth and child labor.”

Centre for Growth and Business Cycle Research Discussion Paper Series 180 (2013)

Alabi T., M. Bahah and S. O. Alabi

“The girl-child: A sociological viewpoint on the issues of girl-child educational in Nigeria.”

European Scientific Journal 10.2 (2014).

“The use the partograph in labour monitoring: A cross-sectional analysis among obstetricians in General Hospital Calabar (Cross River State, Nigeria)”

International journal of women’s health 6 (2014): 873.

Bargain, Olivier, et Delphine Boutin.

“Remittances to Africa and child labor: Evidence from Burkina Faso.”

Edet and Glory E.

“Child labour in agriculture among rural poor households: some issues, facts.”

European Journal of Physical and Agricultural Sciences 1.1 (2013). 1-7.

Guarcello Lorenzo Scott Lyon and Furio Rossi.

“Child labor and out-of-school kids: Evidence from 25 developed countries.”

Hanson and Karl, Diana Volonakis, Mohammed Al-Rozzi.

“Child labor, working children, and children’s droits.”

Routledge International Handbook of Children’s Rights Studies (2015) 316-330

“Impacts of child labor on academic performance: Evidence in the program “Educame Primero Colombia.”

International Journal of Educational Development 34 (2014) 58-66

“Teenage labor migration and antitrafficking strategy in West Africa.”

The ANNALS of American Academy of Political and Social Science 653.1 (2014) 124-140

“Childhood, child labour and the British industrial revolution”

The Economic History Review 66.2 (2013): 395-418.

“Street-hawking among in-school teenagers in a southern Nigerian town: Pattern, determinants & effects on school performances.”

International journal for adolescent medical and health 27.1 (2015), 41-48.

Imoh and AfuaTwum-Danso (eds.

Children’s Lives in an Era of Children’s Rights.

“Obstetric Analgesia for Vaginal Birth in Contemporary Obstetrics: A Survey of the Practice of Obstetricians in Nigeria”

BMC Pregnancy, childbirth 14.1 (2014) : 140.

Carol Levin and Elizabeth Brouwer.

“Saving Brains: Literature Review of Reproductive, Neonatal, Child, and Maternal Health and Nutrition Interventions to Reduce Basic Risk Factors to Promote Child Development.”

Roy, Maconachie, and Gavin Hilson.

“Re-Thinking Africa’s Child Labour “Problem”: The Case of Sierra Leone’s Half Shovels.

World Development 78 (2016) 136-147.

Makinde, Olusesan Adodeji.

“Infant Trafficking and Baby Factory: A New Tale of Child Abuse in Nigeria”

Child abuse review 25.6 (2016). 433-443.

Nwazuoke (Anthony N.) and Chinedu A. Igwe.

“Worst Forms Of Child Labour in Nigeria: A Review of International And Local Legal Regimes.”

Ofuoku and Albert Ukaro, David Eduvie Idoge and Bishop Ochuko Ovwigho.

“Child Labor in Agricultural Production and Socioeconomic Variables Among Arable Farming Households of Nigeria”

Journal of Rural Social Sciences29.2 (2014) 67.

Ojelabi Olanike, Olanike, Pauline E. Osamor and Bernard E. Owumi.

“Policies and practices in child adoption in Nigeria: A Review Paper”

Mediterranean Journal of Social Sciences 6.1 (2015): 75.

Okoye Obiekwe, Agozie Urbesie, Chimdia Ogbonnaya.

“Pediatric eye injuries in a rural mission eye hospital in Southeastern Nigeria: A resource-deficient case.”

Journal of health services for the poor, and underserved 25.1 (2014) : 63-71.

“Household Poverty status and Child Labour Participation at Isoko North Delta State, South-South Nigeria”

International Journal of Agricultural and Food Science 3.3 (2013). 80-85.

Agricultural Economics 46.3 (2015), 285-310.

“Mobilizing Social Capital to Address Child Labour in Cocoa Production: The Ghanaian Case of a Community Child Labor Monitoring System.

International Journal of Development and Sustainability3.1 (2014). 196-220.

Putnick, Diane L., Marc H. Bornstein

“Is child labour a barrier for school enrollment in low and middle-income nations?

International journal for educational development 41 (2015): 112-120.

Mariano, Rabassa, Emmanuel Skoufias and Hanan Jacque.

“Weather, child health in rural Nigeria”

Journal of African Economies 23.4 (2014) 464-492.

Salmon, Claire and Jeremy Tanguy.

“Rural Electrification & Household Labour Supply: Evidence from Nigeria”

World Development 82 (2016): 48–68.

Stromquist Nelly. “OUT-OF SCHOOL CHILDREN – WHY GENDER MATTERS?”

Background paper prepared to Fixing the Broken (2014).

“Child labour in Africa, Asia: Context and household determinants of hours spent in paid labor by young children in 16 countries with low income.”

The European Journal of Development Research (27.1) (2015): 84-98.

Leave a Reply

Your email address will not be published.