Eliminating Child Labour: A Case Study of South Africa

Abstract: Child labour is born out of poverty, and it leads to more poverty. Those that work from a young age often have no possibility of going to school, and can only perform manual work as adults, which often pays little. Many children face considerable risks in their place of employment. Some of them suffer from short-term health problems, but others develop cancers and other serious diseases as a result of working when they were children. Society is also affected by child labour. It keeps the population in poverty, since their future aspects are affected by having worked when young. In some countries, where the practice is widespread, there might even be a shortage of people who are able to perform qualified jobs in future. HIV/AIDS has had a large impact on child labour, mostly due to the many orphans, who have to work in order to survive. The disease has had a large impact on South African society. Many have died from AIDS, others are ill and dying. Many children have no living parents, leaving extended families as their only safe refuge. They are often discriminated against, and additional protection for children affected by AIDS is urgently needed. Despite the effects on both society and working children, some still argue that child labour should be allowed. Those arguing in favour of the practice emphasize that these children are dependent on the income generated by employment. By attempting to abolish child labour, it is driven underground, and the right of these children to work and free association is violated. International law provides prohibition of child labour in several instruments, both from the UN, ILO and regional instruments. The implementation of these instruments into South African law is good, when the legislation is examined. The legislation is not followed as closely in practice, and there is very little de facto enjoyment of the right. South Africa has taken both preventative measures, such as compulsory education, social security and labour inspection, in order to ensure de facto implementation of international law. However, a lack of funding, combined with the fact that the problem is very widespread, often renders these methods without much of an effect. The Government has also taken repressive measures. Those that hire child labour should, according to law, be sentenced to prison for several years. The Courts have established a different practice, with the result that the violators have not received the punishment national law stipulates. In the end, child labour is still very common in South Africa, despite the efforts made to eliminate it. Additional measures are needed to put an end to the practice.