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Opinions of Wednesday, 3 August 2022

Columnist: Dapuri M. Cephas and Offorma Faith

Child labour and its challenges in Ghana

File photo/Child labour File photo/Child labour

Child labour remains both a local and international canker and has been criticized by society as it causes harm to the human resource of the nation, including the victim’s health, dignity, and rights. Child labour includes any work or engagement of a person less than 15 years which deprives the person of his childhood, and such work is harmful to his physical or mental health (Section 89 of the Children’s Act, 1998 (Act 560)).

This article revisits the laws enacted to curb the situation in order to give protection to children against child labour.

International Laws Against Child Labour:

In the year 1919, the International Labor Organization was established with the aim of promoting social justice and to establish international labor standards, it has about 137 states that form its members. In 2002, the International Labour Organization came up with the idea to declare World Day Against Child labor, which is now observed every June 12, in most parts of the world, especially member states.

This is to ensure that the many children in the world are protected and provided with proper schooling, medical services, leisure periods and other basic liberties.

When children are faced with lots of unbearable labor that surpasses their ages, it violates the international labour standards and the children’s rights.

Ghanaian Laws Against Child Labour:

The 1992 constitution of Ghana provides in its chapter 5 the fundamental human rights and freedoms of every citizen. With emphasis, Article 28 of the 1992 Constitution prohibits child labour in Ghana. Also, the Children Act, 1998 (Act 560) prohibits activities of Child labour. The framers of the constitution construct it as follows:

Article 28(2)-(5) of the 1992 Constitution; safeguarding Children against Child Labour:

(2) Every child has the right to be protected from engaging in work that constitutes a threat to his health, education, or development.

(3) A child shall not be subjected to torture or other cruel, inhuman, or degrading treatment or punishment.

(4) No child shall be deprived by any other person of medical treatment, education, or any other social or economic benefit by reason only of religious or other beliefs.

A person infringes the fundamental right of a child if he engages the child in work that is detrimental to his health, education, development, or the nature of the work is cruel, inhuman, and degrading in nature. Also, sections 87, 88, and 89 of Act 560 prohibit exploitative labour of children, child labour at night, and prohibits the engagement of children of less than 15 years for purposes of employment.

Why is child labour prevalent despite these Statutory and Constitutional provisions?

The response to this question is that the laws against child labour are not being sufficiently implemented, and below are some of the contributing factors;
In Ghana, poverty is one of the basic causes of child labor.

Some families resort to child labour to enable them fend for the little the children accrue from what is popularly termed as "street hustle". To this extent, the children engaged in such labour do not recognize the deprivation of their rights but believe it is a source of earning rather than a punishment.
Also, institutions and organizations use children to earn cheap labour; this is to say that children are subjected to do hard work in poor conditions for little pay.

Recommendations and a plea to curb child labour:

In respect of the above, state institutions and stakeholders are admonished to seek implementation of the laws against child labor when an individual, institution, or organization subjects a child to hard labour.

This implementation cannot smoothly strive if individuals, organizations, and governments do not provide shelter, food, and basic education for the victims and widely educate the public against child labour.

Conclusively, the fight against child labor is a gradual process but worth it. Victims of child labor most often are deprived of their education, good health, and proper growth. This goes a long way to affect the human resource of the nation.