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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE
- No child shall be engaged in the worst forms of child labor.
- Worst forms of child labor include slavery, trafficking, prostitution, child pornography, use of child for illicit or illegal activities, or those work that may be hazardous or harmful to the health, safety, or morals of children.
- The best interests of children shall be the paramount consideration in all actions concerning working children.
Paramount consideration of the best interests of a child
Forms of child labor that are hazardous and morally damaging are prejudicial to the development of the full potential of a child calls for immediate action of the State. In the Philippines, Republic Act No. 9231 or the “Act Providing for the Elimination of the Worst Forms of Child Labor and Affording Stronger Protection for the Working Child” has been enacted to safeguard the best interests of working children.
According to World Vision, “about 160 million children ages 5 to 17 around the world are engaged in child labor, working in jobs that deprive them of their childhood, interfere with schooling, or harm their mental, physical, or social development. Nearly half of them — 79 million children — work under hazardous conditions.” (Child Labor, Facts, FAQs and how to help end it. Accessed at: https://www.worldvision.org/child-protection-news-stories/child-labor-facts, on November 04, 2022.)
The law says:
“The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention on the Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life.” (Section 1, R.A. No. 9231, amending Section 2 of R.A. No. 7610)
Worst forms of child labor, definition
The mandate of the Act is that “no child shall be engaged in the worst forms of child labor”. Section 3 of R.A. No. 9231, amending Section 12-D of R.A. No. 7610, further defines the phrase “worst forms of child labor” as:
“(1) All forms of slavery, as defined under the “Anti-trafficking in Persons Act of 2003”, or practices similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed conflict; or
“(2) The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for pornographic performances; or
“(3) The use, procuring or offering of a child for illegal or illicit activities, including the production and trafficking of dangerous drugs and volatile substances prohibited under existing laws; or
“(4) Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to the health, safety or morals of children, such that it:
“a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; or
“b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful psychologically or may prejudice morals; or
“c) Is performed underground, underwater or at dangerous heights; or
“d) Involves the use of dangerous machinery, equipment and tools such as power-driven or explosive power-actuated tools; or
“e) Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing, physical strength or contortion, or which requires the manual transport of heavy loads; or
“f) Is performed in an unhealthy environment exposing the child to hazardous working conditions, elements, substances, co-agents or processes involving ionizing, radiation, fire, flammable substances, noxious components and the like, or to extreme temperatures, noise levels, or vibrations; or
“g) Is performed under particularly difficult conditions; or
“h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and other parasites; or
“i) Involves the manufacture or handling of explosives and other pyrotechnic products.” (Emphasis supplied.)
Hazardous work and that which is likely to be harmful to the health, safety or morals of children
Work which could potentially harm children’s health or well-being and expose them to danger is among the worst forms of child labor. This may pertain to work done in a dangerous or hazardous environment, or where the child is at risk of death or injury. There are industries that utilize certain dangerous chemicals and toxic substances that could lead to serious injury to a child worker. Child workers may likewise be exposed to extreme weather conditions, and unsanitary or insufficiently-ventilated work areas, which can cause health concerns and illnesses.
Child Labor, as defined by the International Labor Organization (ILO)
The term “child labor”, as defined by the International Labor Organization, refers to work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development. It refers to work that (1) is mentally, physically, socially or morally dangerous and harmful to children; and/or (2) interferes with their schooling by: depriving them of the opportunity to attend school; obliging them to leave school prematurely; or requiring them to attempt to combine school attendance with excessively long and heavy work.
According to the ILO, “whether or not particular forms of work can be called child labor depends on the child’s age, the type and hours of work performed, the conditions under which it is performed and the objectives pursued by individual countries. (What is Child Labor, accessed at: https://www.ilo.org/ipec/facts/lang–en/index.htm, on November 04, 2022.)
Related article: Rights of Working Children
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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