Combating the Worst Forms of Child Labour: A Case Study of Children Trafficked for Domestic Work in Uganda.

University essay from Lunds universitet/Juridiska institutionen

Abstract: The problems faced by children trafficked for Domestic Work seems to be a continuing problem. Whereas states have ratified the various conventions aimed at protecting children in this field, the problem persists. Trafficking of children is usually portrayed in a way that most times&semic the children are trafficked across borders from country to country for purposes of being economically exploited. However, in many instances, children are trafficked for purposes of placing them as domestic workers within their own countries of origin. This involves moving them from their homes (most commonly rural areas) and taking them to urban centres or cities or even sometimes outside their home countries. This thesis will mainly focus on children that are trafficked internally, within their own country of origin. That is to say, children who are trafficked from rural areas into someone else's home in the urban centres as domestic workers. The main factors contributing to the increasing number of children trafficked for Domestic work include&semic poverty, orphanage, HIV/AIDs scourge, poor education systems among others. Having grown up in a household that depends on Child Domestic help and as a legal practitioner, it has come to my knowledge that these children lack special legal protection. This is so because they are deemed to be in the informal setting where it is hard for law enforcers to interfere in businesses of private homes. Though, international human rights law has put in place some laws aimed at protecting Children trafficked for domestic work, a problem still arises when it comes to implementation by the member states. The Child Domestics do all sorts of work ranging from house cleaning, feeding the children of their employers, cooking among others. They perform household tasks while living with their employers. These duties affect the child's development both physically and psychologically. There is no specific mention of child domestic workers in all the instruments aimed at combating the Worst Forms of Child Labour. Their protection lies in implied provisions and depending on how a State party wishes to interprete the relevant provisions. The main goal of this thesis is to map a road towards the complete elimination of child labour in specific reference to child domestic workers through sufficient legal protection. The thesis will examine the legal protection accorded to child domestic workers both international and domestic followed by an analysis of ILO Conventions Nos.138 and 182. The world risks losing young and fresh minds who may be the leaders of the next generation if the rights of these children are not protected at a tender age. Children have a right to be free economic exploitation, abuse, right to go to school, freedom from trafficking for forced labour among others. Hence, if these children are recruited into the domestic service business it is very unlikely that they will enjoy these rights to the fullest.

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