Child Labour and Human Rights

Rights violation in Child Wage Labour: Whose Rights; For whom? By Whom and why?   A critical analysis into the subjective perception that child wage labour violates the human rights of the child labourer. The realisation that a lot of today’s African affluents are graduates of the inherent ‘placement’ system where they had provided various services services in exchange exchange for education education or apprentice apprenticeship, ship, give reasons reasons to question question the rationale behind the West’s indiscriminate dogma of ‘righting’ children.

Introduction The equal right theory theory behind behind the United United Nation Nations s ‘Universal’  Declaration of Human Rights (UNDHR) 1948 posits that, “all human beings are born free and equal in dignity and rights.” In theory, theory, this in general, and the International International Labour Organisation Organisation ILO Conven Conventio tion n on the Right of the Child (CRC) 1989 1989 and its subseq subsequen uentt protoc protocols ols in particular are supposed to “protect and safeguard the welfare of all children as equal human human beings beings.” .” http://www.laborrights.org:80/stop-child-labor . Howe Howeve ver, r, in toda today’ y’s s world of work, the social constructiveness of this Western derived concept of Human rights and the similar lack of singularity in defining a child have significantly constrained atte attemp mpts ts to cons consen ensu sual ally ly qual qualif ify y chil child d wage wage labo labour ur as viola violatin ting g huma human n righ rights ts or  otherw otherwise ise.. This This is becaus because e despite despite the centra centralit lity y of ‘universality ’ in the the Weste estern rn relativists ’ led by Singapore, conce concept pt of human human rights rights,, non-We non-Weste stern rn cultur cultures es or ‘relativists’ Singapore, strongly opposed the imperialistic tendency of the West to indiscriminately imposed their indigenous indigenous cultural dogmas globally in complete complete disregard disregard of the sovereignty sovereignty of  non-We non-Weste stern rn cultur cultural al values values and and ethics ethics.. Princi Principa pally, lly, this this disco discours urse e will will emplo employ y the theori theories es of  universalism and relativism to show show how how cult cultur ural al dive diverg rgen ence ce (soc (socia iall constructi construction) on) has made any attempts to achieve achieve consensus consensus in qualifying qualifying child wage labour as implicitly breaching the employee’s human rights, complex and problematic. To ensu ensure re that that this this anal analys ysis is is unde unders rsto tood od from from a unita unitary ry pers perspe pect ctiv ive e I deem deem it necess necessary ary to define define those those socia socially lly constr construct ucted ed termin terminolo ologie gies s that that are centra centrall to my debate. For the purpose of this discussion, the Minimum Age Convention of the ILO (Convention 138) defines child labour as “economic activity performed by a person under the age of fifteen, fi fteen, and prohibited for being hazardous to the physical, mental, and moral well-being of the child as well as for preventing effective schooling.” Zehra (2002, p. 173). The convention goes further to qualify labour as; "not limited to work for gain 1

but includes chores or household activities in the household of the child's care-giver, where

such

work

falls

within

the

definition

of

child

labour”.

www.ilo.org/public/english/standards/ipec/simpoc/southafrica/report/page3.htm.. www.ilo.org/public/english/standards/ipec/simpoc/southafrica/report/page3.htm Qualif Qualifyin ying g child child labour labour as waged waged means means that that in return return for their their servic services, es, childr children en ‘wage’ is exploitative. labourers are rewarded in cash or kind even if this ‘wage’ is

Background In toda today’ y’s s capi capita tali list st soci societ ety y wher where e prof profit it rath rather er than than Kant Kantia ian n virt virtue ues s unde underp rpin in gove govern rnan ance ce,, long longit itud udin inal al stud studies ies by the the child child-p -pov over erty ty-s -spe peci cifi fic c Jose Joseph ph Rown Rowntre tree e Foundation Foundation directly perceive perceive poverty poverty as the principal factor pushing pushing children children and their  families into child child wage labour. Conventionally, as equally righted human human beings, the Western concept of human rights, its protocols protocols and conventions conventions seek to legally “protect children from labour that is likely to be hazardous to, or likely to be harmful to the child's physic physical, al, mental mental,, spiritu spiritual, al, moral moral health health or hinder hinders s the child’ child’s s educat education ion and and social social development." http://www.hrw.org/legacy/backgrounder/crp/back0610.htm http://www.hrw.org/legacy/backgrounder/crp/back0610.htm.. In addi additio tion n to the the inte intern rnat atio iona nall mini minimu mum m age age and and mini minim mum wage wage laws laws as set set fort forth h in the the Internation International al Labour Organisat Organisation’s ion’s article article

138 (ILO138), (ILO138), other instruments instruments seek to

protec protectt childr children en from from “traff “traffick icking ing,, being being used used in armed armed conflic conflicts ts or being being sexua sexually lly exploited” http://www.ilo.org:80/ilolex/cgi-lex/convde.pl?C138 http://www.ilo.org:80/ilolex/cgi-lex/convde.pl?C138.. In theory, the universality universality and seemingly generous nature of these Western instruments subjectively suggests a Kantian ethics or virtuous motivation to their enactment or is it? While moral ethics may be accord universality to exploitative child labour, opinions are highly polarised as to the legalit legality y of using using Weste Western rn derive derived d concep concepts ts to judge judge alien alien cultur cultural al norms norms as rights rights violations. Indeed, relativist of the Singaporean School would rather argue f or a contextbased approach where sovereign cultures are not subjection to a modern day cultural imperialism by Western autocrats who are oblivious and rather indiscriminately ignore cultures alien to theirs. As such, to the relativist as opposed to the universalist using Western norms as standardise bench marks to indiscriminately judge global child wage labour as rights violation seem not only legally inadmissible and arrogant; ethically, it infringes that Kantian or Aristotelian respect that should be inherent to, and between human beings. Indeed, today’s capitalist society where its seems that there is one law for the rich and one for the poor, it is paradoxical that the very Western greed-driven 2

employers or upper class who are responsible for enacting relevant so-called human rights rights legisla legislatio tion n and who blatan blatantly tly and noncha nonchalan lantly tly exploit exploit their their work work force, force, can hypocritically point accusing fingers at alien subsistent cultures who engage children in child wage labour out of the desperate need for survival. Within the context where most of today’s today’s African affluent are graduate graduate of a traditional traditional placement placement system typified typified by labour that would be judged as rights violations by Western standards, the inevitable question is “of what use is human rights to a child and his or her family if these righted persons cannot survive the harsh realities of the subsistence environment? As such, when one talks about human rights violation, such subjective generalisation fails to interrogate; whose laws? By who, For whom and Why? This, in a nutshell is the essence of this discourse.

The Universalism versus Relativism theories in Human Rights Violations In a culturally utopian world, universalism theorists and proponents would encourage and applaud the indiscriminate global applicability of Human Rights and expect them to be arbitrary applicable to all human beings, including child wage labourers. However, to accept this Western human rights construct of universalism to establish child wage labour as rights violations blatantly presumes a global uniformity in cultures and people if not cultural imperialism. Now let me transpose the Universalist Western notion of  human human rights to the African context context of child wage labour labour where, where, children children within the harsh subsistence economies have to labour for long hours (harvesting maize, millet etc) as a means of survival for themselves and the group or clan as a whole. Although the tenet for wage labour exchange may not be cash, within this rudimentary economy, chil child d labo labour urer ers s are are not not expo expose sed d to haza hazard rdou ous s or tox toxic chem chemic ical al,, depr depriv ived ed of  conventional rest; sexually or emotionally abused compared to the life of children in Western derived plantations, mines or industrial sectors. Presuming that the Western conc concep eptt of huma human n righ rights ts was was given given univ univer ersa sall cred creden ence ce,, then then the the UNDH UNDHR, R, ILO ILO Convention 182 (ILO182) on the Worst Form of Child Labour and ILO138 on minimum age will judge the rights of these children violated. Indeed, by applying articles 28 and 32 of the Convention on the Right of the Child (CRC28) and CRC32) Westerners will  judged the rights of subsistence child wage labour violated by virtue of missing out on 3

schooling as distinct from education. As the elders would ask, “what use is schooling to a dead child or a hungry belly with a certificate of the white man’s human rights?

My

experience and knowledge of African cultures suggest that, rather than rights violations, the family head, or employers see the contribution of the child’s labour as a duty or  obligation whose omission will be morally and ethically wrong. By usually working along their children letting them do what they themselves are doing, most third world family head heads s and and empl employ oyer ers s coul could d be argu argued ed to be virt virtuo uous usly ly comp comply lyin ing g with with Kant Kantia ian n philosoph philosophy y “to do onto others as you would do onto yourself.”  Thus, if doing the best good to one’s self is the ultimate test for virtue, then applying the same to one’s child labour labour renders renders any case of rights rights violation violation morally inadmissible. inadmissible. Putting the African African scenario of child wage labour against the Western concept of human or children’s rights, the violation of the rights of child wage labourers assumes the ambivalence of  simultaneously either violating or being in compliance with the dominant moral or legal ethics depending on context.

Using Universalism to indentify global incidence and prevalence of child wage labour rights violations Basically, Basically, the argument argument that what constitutes constitutes rights violation violation should should be determine determined d by the culture within which it is happening is informed by the relativism theory as will be developed in subsequent debates. For now, presuming that the universal perspective was consensua consensually lly the norm, then experienc experiences es and circumsta circumstance nce of children children working working especially in the agricultural sector across the world will constitute implicit cases of  human human rights rights violat violation ions s by Weste Western rn standa standards rds.. This This assert assertion ion is founde founded d on the argument that these children will be experiencing the worst form of child Labour as set forth in ILO182; in addition to being under age, under-paid and forced to miss schooling as set forth in article 26 UNDHR, article 28 of the CRC and of the ILO 138 on minimum age for labour. Within this context, what is the extent and nature of the violation of the rights of child wage labour in the agricultural sector? Resear Researche chers rs are conse consensu nsual al that that “major “majority ity of all child child labour labour occurs occurs in develo developin ping g countries, largely in agriculture but also including domestic service, factory production and backst backstree reett worksh workshops ops.” .” www.OneWorld.net. www.OneWorld.net. Figu Figure re one one show shows s the the glob global al 4

distribution of child wage labour. Since exploitative child wage labour does no lift the children and their families out of poverty, “over 25% of children in sub-Saharan Africa and 18% in Asia remain trapped within the cycle of poverty of which child labour is part. http://www.icftu.org:80/displaydocument.asp?Index=99122 http://www.icftu.org:80/displaydocum ent.asp?Index=991223775&Language=E 3775&Language=EN N.

Figure One: Children in child labour by region (Graph derived from figures by ILO 2002) Figures by the International Labour Organisation suggest that of the 250 million children engaged in exploitative child wage labour, “the vast majority- 70 percent, or some 170 million-are million-are working working in agriculture agriculture.” .” http://www.ilo.org:80/ilolex/cgi-lex/convde.pl?C138 http://www.ilo.org:80/ilolex/cgi-lex/convde.pl?C138.. Whether in the banana, palm or cocoa plantations in Nigeria, Cameroon, Ivory Coast; the cotton plantations in India and Egypt; the sugarcane plantations in San Salvador or  the fields in United States; reports by Human Right Watch HRW (2002) states that “child agricultural workers frequently work for long hours in scorching heat, haul heavy loads of produce, are exposed to toxic pesticides, and suffer high rates of injury from sharp knives and other dangerous tools” Further reports by HRW, (2004) assert that, “In agricu agricultu lture, re, childr children en may partic participa ipate te in applyin applying g pestic pesticide ides, s, operat operate e motor motorise ised d pumps pumps that saturate cotton plants with pesticides pesticides,, work in freshly freshly sprayed sprayed fields, even work in fields while they are being sprayed” in violation of Article 24 and 32 of the CRC which recognises the right of all children to a high standard of health. Additionally, within the unprotected work environment especially in the fields, “reports of physical abuse, sexual abuse and exploitation in breach of article 34 of the CRC and other forms of

maltreatments

are

not

uncommon.”

http://www.hrw.org/legacy/backgrounder/crp/back0610.htm.. Need http://www.hrw.org/legacy/backgrounder/crp/back0610.htm Needle less ss to emph emphas asis ise e that that thes these e viol violat atio ions ns are are taki taking ng plac place e withi within n mass mass prod produc ucti tion on capi capita talis listt labou labour  r  environments.

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Figure Two. Minimum Age and Health hazard violation in agriculture Although the tokenistic wages child agricultural workers earn may give an impression of  some some degree degree of reward reward for their their labour labour,, by Weste Western rn standa standards rds,, their their work work legall legally y violates their rights to health, education, and protection from work that is hazardous or  exploitative. Figure Two, derived from figures by Human Right Watch (2002) shows how, despite the vast differences amongst them, children wage labourers in India, United United States, Egypt and Ecuador Ecuador face strikingly strikingly similar similar violations violations to their rights; rights; like being employed at early ages to work an average of twelve or more hours a day.” Where the universality and concept of equal rights for all seem to imbue the Western concept of human rights with Kantian ethics in protecting everyone, this perception is quickly dispelled with the realisation that “multinational corporations like Coca-cola, and Cadbur Cadbury y and and their their govern governmen ments ts will will turn turn a blind blind eye to child child wage wage labour labour rights rights violations by claiming a third third party status.” ILO, (1996, P. 4). Yet directly or indirectly, they are responsib responsible le for the universality universality and equal applicatio applications ns of human rights. rights. But must child wage labour be treated as rights violations based on Western norms? The relativist would argue otherwise.

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The relativism perspective in the human rights violation in child wage labour  As a social construct, relativists strongly challenge and refute any attempt to use the Weste Western rn derive derived d concep conceptt of human human rights rights to qualify qualify and crimin criminali alise se non-We non-Weste stern rn sovereign cultures for violating the rights of child wage labourers. Cultural relativism theori theorists sts argue argue that that “Weste “Westernrn-der derive ived d human human rights rights repres represent ent only only one of many many possible socio-cultural normative doctrines and, as a result, can only be legitimately applied to the particular cultural context in which they were formulated.” formulated.” Zehra (2002, p.16). Located within the context of deciding whether child wage labour violates human rights, the inevitable and logical question is ‘whose laws or morals are being used as bench bench marks to quality quality the treatment of these these children? children? Indeed Singapore Singapore “openly “openly opposed the concept of the Western derived human rights and defends her ethical and social social positi positions ons in terms terms of Asian Asian Values Values.” .” Zehra Zehra (2002, (2002, p.14).I p.14).In n Wester Westernis nism m or  UNDHR, the focus on the individual like the child wage labourer as the fundamental basis of society is a western construction which stands in direct opposition to the Asian Values Values that that favour favour social social harmo harmony ny and and value value the whole whole above above the individua individual. l. The implication is that base on these values, actions by employers of wage children that are perceived by the West as violations of individual human rights may be seen otherwise by Sing Singap apor orea eans ns who who cons consti titu tute te the the icon iconog ogra raph phy y of the the rela relati tivi vist st theo theore reti tica call perspectives. In fact some critiques argue that human right abuse or child exploitation “is only behaviour people so label” Becker, (1963, P. 9) Simila Similarr argume arguments nts can be applie applied d to outcom outcome e of studie studies s on child child povert poverty y by the Rowntree Foundation which perceives education as the ultimate way out of poverty and therefore a way of breaking the circle of marginalisation that collude to push children into wage labour with the potential of their rights r ights being violated. Here UNICEF points to plantation labour, street vendors, hawkers and child domestic workers as examples of child wage labour which prevent schooling and carry a high risk of human right violations in child wage labour. Similarly, in bonded child wage labour as in India, the ILO states that “some children are completely prevented from access to education thereby denying them a future” ILO, (1996, p. 8). Relativists would question whether education is the sole route to a future. In deed moralist would question the use of education to a child who is starving to death because Western human rights forbid he or she from engaging in labour that would guarantee his or her very survival? 7

Needless to point out that to date relativists see the West’s precepts of universal human rights rights as nothin nothing g short short of cultur cultural al imper imperial ialism ism.. While While moral moral ethics ethics will will unive universa rsally lly perceive it as virtuous to treat a child on Kantian principles, the paradox within our  capitalist society is that, the very entrepreneurs who swears and defend their human rights, rights, are the same same people people who are greed-drive greed-driven n to exploit exploit the labour labour of vulnerable vulnerable children to maximise maximise their profits. When it comes comes to right violation of child wage labour  labour  convenien convenience ce and the vested interest interest of the controller controller of power (employer) (employer) seem the decidin deciding g factor factor not the welfar welfare e of the indivi individua duall (child (child). ).

But compar compared ed to childre children n

growing up in Western societies imbued with the so-called human rights, how well does children in non-Western cultures who are ‘respected’  rather than ‘righted’  fare? The Africa African n tradit tradition ional al placem placemen entt system system offers offers an ideal ideal enviro environme nment nt to undert undertake ake an objective comparison.

The The succ succes ess s of Afri Africa can n Plac Placem emen entt syst system em as just justif ific icatio ation n for for the the rela relati tivi vist st argument My knowledge of African cultures show that while the Western notion of human rights are predominantly used to judge how children are treated within the capitalist urban areas, within the rural or subsistent harsh environment the legal norms of the West is supers supersede eded d by indige indigenou nous s moral moral ethics ethics based based of ‘respe ‘respect’ ct’.. Althou Although gh contra contrary ry to Western norms African children like their Indian peers are born and socialised into the dogma of almost unquestionable obedience to their elders, this domination does not necessary translate into exploitation, abuse or rights violations. In fact, respect for the chil child d base based d of the the indi indige geno nous us ethi ethics cs has has ensu ensure red d that that the the welf welfar are e of chil childr dren en is underp underpinn inned ed by Kantia Kantian n ethics ethics to treat treat childre children n as one’s one’s self. self. Althou Although gh the Africa African n philosophy to respect rather than right the child may conflict with Western norms, its relati relativis vism m has ensured ensured that that even even in wage wage labour labour the welfare welfare of childr children en are well protected and safeguarded. For example in today’s Africa where “thanks to the ravages of HIV/AIDS and the impact of the constant wars there is an emerging culture of orphan child carers, children are having to engage in wage labour that would constitute rights violation as set forth in ILO 182, ILO138, UNDHR article 24, 28, and 32. Nevertheless, as the sole sole altern alternati atives ves to crime crime or prosti prostitut tution ion or at worst worst starvin starving g to death, death, many many

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children have successfully undertaken child wage labour under harsh conditions and have graduated to become affluent individuals. Moreover, not every incident of missing schoo schoolin ling g or workin working g exten extended ded hours hours withou withoutt rest rest result results s in a future future denied denied.. For  example, some virtuous employers who engage children in seemingly right violation wage labour; may actually pay them above the minimum wage while they acquire vital life skills skills.. Simila Similarly rly within within the tradit tradition ional al Africa African n ‘plac ‘placeme ement nt system system,, a child child may may be placed placed in the home home of a better-off better-off relative or acquainta acquaintance nce in which the child performs dome domest stic ic work work in exch exchan ange ge for for educ educat atio ion n and and traini training ng oppo opportu rtuni niti ties es.. Whil While e thei their  r  experiences within this placement may legally constitute human rights violations by Weste Western rn standa standards rds,, relati relativis vistt will will argue argue that that many many of today’ today’s s Africa African n afflue affluent nt are graduates from households where, as children they laboured as domestics in exchange for education. The logical argument here is that, without such support network, these children would have been condemned to the circle of poverty that drove their parents into letting them into child wage labour in the first place. Within such context, it is difficult to justify the rigorous universalisation and enforcement of human rights as set forth in relevant relevant Western legal legal instruments. instruments. As in the African practices practices where where child wage wage labour labour has enabl enabled ed many many child child wage wage labour labourers ers to attain attain their their full full potent potential, ial, relativist will forthrightly pose the question, what is the use of sticking to Western socially constructed Human rights only to end up in poverty and with no future?  future? In In the African placement system where the motive for child wage labour is directly or indirectly the personal welfare of that child or the collective survival of the group within a harsh subsistence economy, child wage labour is an end in itself, not a means to an end as typical in the Western capitalist exploitation of child wage labour for profit.

Appraisal Preceding analysis has shown that, attempting to establish human rights violations of  child wage labours based solely on the Western concept of universal ideals is not only cont contro rove vers rsial ial but but is a pret preten ensi sion on that that has has seve severa rall cons conseq eque uenc nces es.. It “mis “mista take kenl nly y conflates conflates the subjective subjective western western vision vision of what is good, with objective objective and universal universal truth. It automatica automatically lly invites invites opposition opposition from relativist relativist of the Singapore Singaporean an theoretica theoreticall schoo schooll who see the univer universal salisa isatio tion n of Wester Western n human human rights rights as a perpet perpetrat ration ion of  Western cultural imperialism. Indeed in the definition of a child by the West, collectivist societies like the Asians who rather emphasise the rights of society to that of the 9

individual individual accuse accuse instrument instruments s like the Convention Convention of the Right of the Child (CRC) of  using using “privi “privileg leged ed and and ideali idealised sed conce concepts pts of childh childhoo ood d as oppos opposed ed to defini definitio tion n of  chil childh dhoo ood d base based d on loca locall cultu cultura rall cons constru truct cts s that that will will situ situat ate e a child child with within in an impoveris impoverished hed context.” Zehra (2002, (2002, p.16). To consent consent to qualifying qualifying right violation violation in child wage labour based on the conventional legal instrument, blatantly presuppose a global homogeneous cultural society. However as realism show that this utopian society is but a dream, achieving achieving consensus on on child wage labour as a breach of human human rights based on Western norms will always be rejected by those cultures that currently deviate most from what the West has established and imposed as universally desirable code of  conduct. Indeed, if child labour was to be collectively judged as violations of human rights based of Western Western criteria, then African, Asian Asian and most non-western non-western collectivist societies societies would have to be fundamentally fundamentally altered altered in favour favour of the western western model if the UNDHR were to be adopted in their entirety. While moral ethics will universally perceive it as virtuous to treat a child wage labourer on Kantian ethics, the paradox within our  capitalist society is that, the very entrepreneurs who swear and defend their human rights, are the same people who are greed-driven to exploit the labour of vulnerable children to maximise their profits. Apart from the example of the successful use of child labour labour to promot promote e the welfar welfare e of child child wage wage labou labours rs within within the Africa African n placem placement ent system, other arguments abound to dismiss child labour as rights violations. Within this context, since most children involved in wage labour are from very poor families and may actually opt to engage in supportive labour to pay for their family and/or their  education, the moral argument seem more rational than the legal argument. Moreover, some theorists justify child wage labour on the social reality that “the delegation of dirty work work to some someon one e else else is comm common on amon among g huma humans ns;; as well well as an inte integr gral al part part of  occupational mobility” Hughes, (1964, p. 23-36). Similarly, other proponents may argue that, apart from actually being rewarded for the work they do; constructive child wage labour can teach children life skills and has health advantages. Additionally, it could be argued that the very existence of wages in the labour exchange between the child wage labourer(employee) and employer, no matter the degree of exploitation, confirms “the existence of some degree of mutual relationship, negotiation and interdependence even if it is not legally compliant.” Esland and Salaman, (1980, p. 303). What is apparent in attempts to qualify child wage labour as human right violation or otherwise is that, the child is a passive consumer of decisions affecting his or her life. Indeed, some analyst argue that some societies justify child labour on the gender-discriminatory argument that, “Childhood did not belong to women” Firestone (1972, p. 81). Where “membership, 10

or acce access ss to a trade trade Unio Union n coul could d have have safe safegu guar arde ded d the the chil child d wage wage labo labour urer er or  employees against exploitation by providing better working condition, equal wages and autonomy” Hyman R. (1971), the reality is that “such autonomy is doubly conditional in that it operates within an economic, technical and organisational context which can be expected to persist only so long as the employer is able to derive an acceptable level of  profits through control.” Esland and Salaman, (1980, p. 318). Within the context where relevant legal instruments including ILO 32 on minimum age are used to establish rights violations, there is reason-enough to question the rationality of this approach since both age and maturity are used to define a child. For example, a well-built matured eleven years old struggling to accomplish a given labour in the plantation will receive less sympathy compared to a seemingly scantily built eighteen year adult. When it comes to right violation viola tion of child wage labour, preceding analysis gives plausible reasons to suggest that convenience and the vested interest of the controller of power  (employer) both Universalists and relativists are the deciding factor not the welfare of  the child. What is your opinion?

Conclusion The The synt synthe hesi sis s of prec preced edin ing g anal analys ysis is sugg sugges ests ts that that as a res result ult of the the soci social al constructiveness of the concept of human rights, implicitly deciding whether child wage labour violates human rights is complex and problematic. While both the universalist and relativ relativist ist perspe perspecti ctives ves uphold uphold and defend defend their their percep perceptio tion n of rights rights and moral moral ethics, ethics, to achieve achieve a consensu consensus s on any instance instance of child wage labour as violations violations of  human rights the West (universalist) need to evaluate and understand other cultures or  societies (relativist) on their own terms and values relative to non-Western values and beliefs. beliefs. As such rather than based on the greed-drive greed-driven n capitalist capitalist motives motives to maximise maximise profit by exploiting the cheap and malleable child wage labour, rights should be derived and and appl applie ied d on Kant Kantian ian ethi ethics cs.. The The comm common onal ality ity in prac practic tice e betw betwee een n both both the the 11

Universalist and relativist perspectives in human rights is that human right will never be absolute. absolute. Additionally, Additionally, so long as capitalism capitalism is the normative normative governance governance of society, society, human rights will always be violated in child wage labour with the inherent problem of  deciding whose norms should be used to qualify it as such or otherwise.

Bibliography Becker, H. (1963) Outsider; Studies in the sociology of deviance. New York: The Free Press. Politics s of Work Work and Occupa Occupatio tion n. Milto Eslan Esland, d, G. and and Salama Salaman, n, G (1980) (1980) The Politic Milton n Keynes: Open University Press. Firestone, S. (1974) The Dialectic of Sex. New York. Morrow Hughes, E. C. (1964) Good People and dirty work. Illinois: The Free Press. Human Rights Watch, (2002) Key findings of the global report on child soldiers 2001, Human Rights Watch, New York, 2002.

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Hazardous ous Child Labor Labor in El  Human Human Rights Rights Watch, Watch, (2004) (2004).. Turning a Blind Eye: Hazard Salvador's Sugarcane Cultivation. Cultivation. London: Human Rights Watch, Unionism. London: Pluto Press. Hyman R. (1971) Marxism and the Sociology of Trade Unionism. Intolerable. Geneva: ILO. ILO, (International Labour Organisation)(1996) Targeting the Intolerable. Zehra A. F. (2002) Analyzing Child Labour as a Human Rights Issue Issue:: Its Causes,  Aggravating Policies, and Alternative Proposals. Human Rights Quarterly - Volume 24, Number 1, February 2002, pp. 177-204 org/departments/insight/articles/pp052309.shtml http://www.hrw.org/legacy/backgrounder/crp/back0610.htm.. Accessed: 13/1/2010 http://www.hrw.org/legacy/backgrounder/crp/back0610.htm http://www.icftu.org:80/displaydocument.asp?Index=99122 http://www.icftu.org:80/displaydocum ent.asp?Index=991223775&Language=E 3775&Language=EN N. www.ilo.org/public/english/standards/ipec/simpoc/southafrica/report/page3.htm.. www.ilo.org/public/english/standards/ipec/simpoc/southafrica/report/page3.htm http://www.ilo.org:80/ilolex/cgi-lex/convde.pl?C138 www.OneWorld.net. www.OneWorld.net.

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