the Russian Federation

CONVENTION No. 182 of the International Labor Organization "On the PROHIBITION AND IMMEDIATE ACTION FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR" (Geneva, 17.06.99)

The General Conference of the International Labor Organization, convened in Geneva by the Governing Body of the International Labor Office and meeting at its 87th session on 17 June 1999, Deeming it necessary to adopt new instruments to prohibit and eliminate the worst forms of child labor as a top priority for national and international action, including international co-operation and international assistance that would supplement the Minimum Age Convention and Recommendation, 1973, which remain fundamental instruments on child labour, Considering that the effective elimination of the worst forms of child labor requires immediate and comprehensive action that takes into account the importance of free basic education and the need to free children from any work of this kind, as well as their rehabilitation and social integration, while taking into account the needs of their families, recalling the resolution on the abolition of child labor adopted by the 83rd session of the International Labor Conference in 1996, Recognizing that child labor is largely a consequence of poverty and that the long-term solution to this issue lies in sustainable economic growth leading to social progress, in particular the eradication of poverty and universal education, Recalling the Convention on the Rights of the Child adopted by the General Assembly United Nations on 20 November 1989, Recalling the ILO Declaration on Fundamental Principles and Rights at Work and the Mechanism for its Implementation adopted by the 86th Session of the International Labor Conference in 1998, Recalling that some of the worst forms of child labor are covered by other international instruments, in particular the 1930 Forced Labor Convention and the 1956 United Nations Supplementary Convention for the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, Deciding to adopt a series of proposals on child labor, which is the fourth item on the agenda of the session, Deciding to give this suggestion The following convention shall take the form of an international convention, this seventeenth day of June of the year one thousand nine hundred and ninety-nine, which may be cited as the Worst Forms of Child Labor Convention, 1999.

Each Member which ratifies this Convention shall immediately take effective measures to secure, as a matter of urgency, the prohibition and elimination of the worst forms of child labour.

For the purposes of this Convention, the term "child" applies to all persons under 18 years of age.

For the purposes of this Convention, the term "worst forms of child labour" includes:

(a) All forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom, and forced or compulsory labour, including the forced or compulsory recruitment of children for use in armed conflicts;

b) using, recruiting or offering a child for prostitution, for the production of pornographic products or for pornographic performances;

C) the use, recruitment or offering of a child to engage in illegal activities, in particular for the production and sale of drugs, as defined in relevant international instruments;

(d) work which, by its nature or the conditions in which it is carried out, is likely to harm the health, safety or morals of children.

1. National legislation or the competent authority shall determine, after consultation with the organizations of employers and workers concerned, the types of work referred to in paragraph (a) of Article 3, taking into account relevant international standards, in particular the provisions of paragraphs 3 and 4 of the 1999 Recommendation on the Worst Forms of Child Labour.

2. The competent authority, after consultation with the organizations of employers and workers concerned, shall determine the places where the types of work so determined are carried out.

3. The list of types of work determined in accordance with paragraph 1 of this article shall be periodically analyzed and, as necessary, revised after consultation with the organizations of employers and workers concerned.

Each Member, after consultation with employers' and workers' organizations, shall establish or designate appropriate mechanisms to control the application of the provisions giving effect to this Convention.

1. Each Member State shall develop and implement programs of action to eliminate, as a matter of priority, the worst forms of child labour.

2. Such action programs shall be drawn up and implemented in consultation with the relevant government departments and employers' and workers' organizations, taking into account, as appropriate, the views of other interested groups.

1. Each Member shall take all measures necessary to ensure the effective application and enforcement of the provisions giving effect to this Convention, including through the imposition and enforcement of criminal or, as the case may be, other sanctions.

2. Each Member State, bearing in mind the importance of education in the elimination of child labour, shall take measures within a specified time frame to:

a) preventing children from being involved in the worst forms of child labour;

(b) Provision of necessary and appropriate direct assistance to bring children out of the worst forms of child labour, as well as to their rehabilitation and social integration;

(c) Providing all children freed from the worst forms of child labor with access to free basic education and, where possible and necessary, vocational training;

D) identifying and reaching out to children in particularly vulnerable situations; and

(e) Taking into account the specific situation of girls.

3. Each Member shall designate a competent authority responsible for the application of the provisions giving effect to this Convention.

Member States shall take the necessary measures to assist each other in giving effect to the provisions of this Convention, using for this purpose wider international cooperation and/or assistance, including support for social and economic development, anti-poverty programs and universal education.

Official instruments of ratification of this Convention shall be sent to the Director General of the International Labor Office for registration

1. This Convention shall be binding only on those Members of the International Labor Organization whose instruments of ratification have been registered by the Director-General.

2. It shall enter into force 12 months after the date of registration by the Director-General of the instruments of ratification of two Members of the Organization.

3. Subsequently, this Convention shall enter into force for each Member State of the Organization 12 months after the date of registration of its instrument of ratification.

1. Each Member which has ratified this Convention may, after ten years from the date of its original entry into force, denounce it by a declaration of denunciation addressed to the Director General of the International Labor Office for registration. The denunciation will take effect one year after the date of its registration.

2. For each Member of the Organization which has ratified this Convention and, within one year after the expiration of the ten years referred to in the preceding paragraph, has not exercised the right of denunciation provided for in this Article, the Convention shall remain in force for another ten years and may subsequently denounce it at expiration of each decade in the manner provided for in this article.

1. The Director General of the International Labor Office shall notify all Members of the International Labor Organization of the registration of all instruments of ratification and denunciation addressed to him by Members of the Organization.

2. When notifying the Members of the Organization of the registration of the second instrument of ratification which he has received, the Director-General shall draw their attention to the date of entry into force of this Convention.

The Director-General of the International Labor Office shall communicate to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, the full details of all instruments of ratification and denunciation registered by him in accordance with the provisions of the preceding Articles.

Whenever the Governing Body of the International Labor Office considers it necessary, it shall submit to the General Conference a report on the application of this Convention and shall consider the advisability of including in the agenda of the Conference the question of its complete or partial revision.

The English and French texts of this Convention shall be equally authentic.

Adopted at the 87th session of the General Conference of the International Labor Organization, Geneva, June 1, 1999

Deciding to adopt a number of proposals on child labor, which is the fourth item on the agenda of the session,

Having resolved to give these proposals the form of an international convention, adopts this seventeenth day of June of the year one thousand nine hundred and ninety-nine the following convention, which may be cited as the Worst Forms of Child Labor Convention, 1999.

Article 1

Each Member which ratifies this Convention shall immediately take effective measures to secure, as a matter of urgency, the prohibition and elimination of the worst forms of child labour.

Article 2

For the purposes of this Convention, the term "child" applies to all persons under the age of 18 years.

Article 3

For the purposes of this Convention, the term "worst forms of child labour" includes:

a(a) All forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom, and forced or compulsory labour, including the forced or compulsory recruitment of children for use in armed conflicts;

b) the use, recruitment or offering of a child for prostitution, for the production of pornographic products or for pornographic performances;

With(a) the use, recruitment or offering of a child for illegal activities, in particular for the production and sale of drugs, as defined in the relevant international instruments;

d) work which, by its nature or the conditions in which it is carried out, is likely to harm the health, safety or morals of children.

Article 4

1. National legislation or the competent authority shall, after consultation with the organizations of employers and workers concerned, determine the types of work referred to in paragraph (d) of Article 3, taking into account relevant international standards, in particular the provisions of paragraphs 3 and 4 of the 1999 Recommendation on the Worst Forms of Child Labour.

2. The competent authority, after consultation with the organizations of employers and workers concerned, shall determine the places where the types of work so determined are carried out.

Article 5

Article 6

1. Each Member State shall develop and implement programs of action to eliminate, as a matter of priority, the worst forms of child labour.

Article 7

2. Each Member State, bearing in mind the importance of education in the elimination of child labour, shall take measures within a specified time frame to:

a) preventing the involvement of children in the worst forms of child labour;

b(a) providing the necessary and appropriate direct assistance to end the employment of children in the worst forms of child labor, as well as their rehabilitation and social integration;

With(a) Providing all children freed from the worst forms of child labor with access to free basic education and, where possible and necessary, vocational training;

d(a) identifying and reaching out to children in particularly vulnerable situations; and

e) taking into account the peculiarities of the situation of girls.

3. Each Member shall designate a competent authority responsible for the application of the provisions giving effect to this Convention.

Article 8

Article 9

Official instruments of ratification of this Convention shall be sent to the Director General of the International Labor Office for registration.

Article 10

1. This Convention shall be binding only on those Members of the International Labor Organization whose instruments of ratification have been registered by the Director-General.

2. It shall enter into force 12 months after the date of registration by the Director-General of the instruments of ratification of two Members of the Organization.

3. Subsequently, this Convention shall enter into force for each Member State of the Organization 12 months after the date of registration of its instrument of ratification.

Article 11

Article 12

Article 13

The Director-General of the International Labor Office shall communicate to the Secretary-General of the United Nations, for registration in accordance with Article 102, the full details of all instruments of ratification and denunciation registered by him in accordance with the provisions of the preceding Articles.

Article 14

Article 15

1. If the Conference adopts a new convention revising this Convention in whole or in part, and unless otherwise provided in the new convention, then:

a(a) The ratification by any Member of the Organization of a new revising Convention shall automatically entail, notwithstanding the provisions of Article 11, the immediate denunciation of this Convention, provided that the new revising Convention has entered into force;

b) from the date of entry into force of the new revising convention, this Convention is closed for ratification by the Members of the Organization.

2. This Convention shall in any case remain in force in form and substance for those Members of the Organization which have ratified it but have not ratified the Revising Convention.

Article 16

The English and French texts of this Convention shall be equally authentic.

One of the most important tools available to the ILO in the fight against child labor is the adoption International labor conventions and recommendations. The ILO adopted its first convention on child labor in 1919, the year it was founded. A few years later, a number of conventions (9) were adopted, setting the minimum age for the admission of children to work in various industries. Some of the latest and most comprehensive ILO standards on child labor are the Minimum Age Convention, 1973, No. 138 and its corresponding Recommendation, No. 146, as well as the Worst Forms of Child Labor Convention, 1999, No. 182, and Recommendation, No. 190.

Minimum Age Convention No. 138, supplemented by Recommendation No. 146, obliges ratifying States to pursue national policies aimed at the effective elimination of child labor and gradually raise the minimum age for employment. The Convention is a flexible and dynamic instrument that establishes a minimum age for admission to work depending on the type of work and the level of development of the country.

The Convention lays down the principle that the minimum age should not be less than the age of completion of compulsory schooling and in no case less than 15 years, and that the minimum age should be gradually raised to a level that coincides with the age at which young people reach full physical and mental development.

The main goal of Convention No. 138 is the effective elimination of child labour. It is a key tool in a coherent strategy to combat it, while Recommendation No. 146 provides a broad framework and the necessary political measures to both prevent and eliminate the problem.

In June 1999, the International Labor Conference unanimously adopted a new Child Labor Convention.

The Worst Forms of Child Labor Convention No. 182 reflects the general consensus that the worst forms of child labor must end immediately.

In the history of the ILO, this convention has the highest rate of ratification. By March 2002, it had been ratified by 117 countries, including 6 CIS countries.

Convention No. 182 applies to all children, girls and boys under the age of 18 and does not provide for exceptions for any sectors of the economy or categories of workers. She calls for "immediate and effective action to prohibit and eradicate the worst forms of child labour."

Convention No. 182 defines as the worst forms of child labor such as:

slavery and forced labour, including child trafficking and forced recruitment for participation in armed conflicts;

child prostitution and pornography;

production and sale of drugs;

work that is likely to harm the health, safety or morals of children.

The Convention reserves the right for national governments to determine the existing hazardous work prohibited by the Convention, this should be done in consultation with employers' and workers' organizations, taking into account existing international standards.

It should be noted that child labor is especially often used in agriculture, which has long become a tradition for many regions of Russia. Article 16 of the Convention on Safety and Health in Agriculture No. 184 reflects the provisions of Conventions Nos. 138 and 182 regarding hazardous work. It sets 18 as the minimum age for access to hazardous work in agriculture.

Another ILO Convention that is key in protecting children from some of the worst forms of exploitation is Forced Labor Convention 1930 No. 129, one of the main and most widely ratified ILO Conventions.

The Minimum Age Convention No. 138, the Worst Forms of Child Labor Convention No. 182 and the Forced Labor Convention No. 129 are regarded as core, or base, Conventions of the ILO. All of them are included in the ILO Declaration on Fundamental Principles and Rights at Work, which was adopted by the International Labor Conference in 1998.

The Declaration states that all member States of the ILO have an obligation to observe and promote the application of the principles expressed in these Conventions, whether they have ratified them or not.

There is a significant number of international agreements relevant to child labor issues. The most significant of these is the 1989 UN Convention on the Rights of the Child. It seeks to protect a wide range of children's rights, including the right to education and the right to be protected from economic exploitation. This Convention is the most ratified in history, but several countries still have to accept it.

into Russian]
THE INTERNATIONAL LABOUR ORGANIZATION
CONVENTION No. 182
ON THE PROHIBITION AND IMMEDIATE ACTION
TO ELIMINATE THE WORST FORMS
CHILD LABOR
(Geneva, 17 June 1999)
The General Conference of the International Labor Organization, convened at Geneva by the Governing Body of the International Labor Office and meeting at its 87th session on 1 June 1999,
Considering it necessary to adopt new instruments to prohibit and eliminate the worst forms of child labor as a top priority for national and international action, including international cooperation and international assistance, which would supplement the Minimum Age Convention and Recommendation, 1973, which remain fundamental instruments on child labour,
Considering that the effective elimination of the worst forms of child labor requires immediate and comprehensive action that takes into account the importance of free basic education and the need to free children from all work of this kind, as well as their rehabilitation and social integration, while taking into account the needs of their families,
Recalling the Resolution on the abolition of child labor adopted by the 83rd session of the International Labor Conference in 1996,
Recognizing that child labor is largely a consequence of poverty and that the long-term solution to this issue lies in sustainable economic growth leading to social progress, in particular the eradication of poverty and education for all,
Recalling the Convention on the Rights of the Child, adopted by the General Assembly of the United Nations on 20 November 1989,
Recalling the ILO Declaration on Fundamental Principles and Rights at Work and the Mechanism for its Implementation, adopted by the 86th session of the International Labor Conference in 1998,
Recalling that some of the worst forms of child labor are covered by other international instruments, in particular the 1930 Forced Labor Convention and the 1956 United Nations Supplementary Convention for the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery,
Deciding to adopt a number of proposals on child labor, which is the fourth item on the agenda of the session,
Having determined that these proposals shall take the form of an international convention,
Adopts this seventeenth day of June of the year one thousand nine hundred and ninety-nine the following Convention, which may be cited as the Worst Forms of Child Labor Convention, 1999.

International legal acts in the field of regulation of the labor of minors began to appear at the beginning of the 20th century, and by now we can talk about a whole system of international legislation aimed at regulating the legal status of minors in the field of labor relations.

Many specialized agencies of the United Nations system deal with issues relating to the rights of the child. Among these specialized agencies, the International Labor Organization (ILO) deserves special mention. This organization was created in 1919 within the framework of the League of Nations, and in 1946 became the first specialized agency of the UN. The work of the ILO is attended not only by representatives of member states, but also on an equal footing with them by representatives of workers and representatives of employers of these countries.

At present, it is necessary to highlight the following main acts of the ILO:

· International Labor Organization Convention No. 123 on the minimum age of admission to underground work in mines and mines (Geneva, June 2, 1965)

· Convention International Labor Organization No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor (Geneva, June 17, 1999)

· Resolution of the International Labor Organization "On youth employment" (Geneva, June 16, 1998)

· Recommendation of the International Labor Organization of October 9, 1946 N 80 on the restriction of night work of children and adolescents in non-industrial jobs

· Recommendation of the International Labor Organization of May 12, 1944 N 70 on the minimum standards of social policy in dependent territories

· Recommendation of the International Labor Organization of October 25, 1921 N 14 on the night work of children and adolescents in agriculture

Their importance is difficult to overestimate. Each of these conventions and resolutions has radically influenced the national legislation not only of all European countries, but of the whole world.

First of all, these are conventions on the minimum age for accepting children for various types of work, conventions on the minimum age for employment (No. 138, 1973), on the minimum age for hiring children to work in agriculture (No. 10, 1921) , at sea (No. 58), in non-industrial work (No. 33, 1932, No. 60, 1937), in industry (No. 59, 1937), as coal loaders or stokers in the fleet (No. 15) , as fishermen (No. 112). Let us dwell in more detail on the provisions of some of the conventions listed above.

Thus, ILO Convention No. 58, establishing the minimum age for hiring children to work at sea, of October 24, 1936, provides that children under 15 years of age cannot be employed or work on board ships, except for those on which members of only one family are employed . It is understood that national laws or regulations may provide for the issuance of certificates authorizing children under 14 years of age to be employed if the school or other competent authority specified by laws and regulations is satisfied, after due regard to the health and physical development of the child, that that such work is in the best interests of the child (art. 2).

ILO Convention No. 60 concerning the Age of Employment of Children in Non-Industrial Occupations of 22 July 1937 states that national laws or regulations must establish the number of hours per day during which children over 14 years of age may be engaged in light work (vv. 2-3). It is also envisaged that national laws or regulations must establish an age or ages in excess of those mentioned in Art. 2 of this Convention, for the admission of young people and adolescents to any work that, by its nature or the conditions in which it is performed, is dangerous to the life, health or morals of persons associated with it (Article 5).

Along with the acts of the ILO, other international legal acts can be distinguished. In particular the European Social Charter.

The European Social Charter of 1961 (as amended in 1991) includes Art. 7 "The right of children and adolescents to protection", which provides for the special situation of children and adolescents in the field of labor relations, in particular:

· the minimum age for admission to work is 15 years, except in cases where children are engaged in certain types of light work not capable of prejudicing their health, morals or education;

· a higher minimum age for employment for certain occupations that are considered hazardous and unhealthy;

· prohibition of the employment of persons subject to compulsory training in such work that deprives them of the opportunity to take full advantage of this training;

· limiting the hours of work for persons under the age of 16 in accordance with their developmental needs and, in particular, their training needs;

· the right to a fair wage or to an appropriate allowance for young workers and apprentices;

· time spent by teenagers on vocational training during normal working hours with the consent of the employer is considered as part of the working day;

· for employed persons under the age of 18, at least three weeks of annual paid leave;

· a ban on the use of persons under the age of 18 in night work, except for certain types of work provided for in national laws or regulations;

· mandatory and regular medical examination of persons under the age of 18, employed in certain types of work provided for by national laws or other regulations;

· providing special protection against the danger of physical and mental harm to which children and adolescents are exposed, and in particular against the danger that is directly or indirectly related to their work.

Most of the conventions provide for mandatory medical examination of children: Convention No. 77 - in industry (1946); Convention No. 78 - in non-industrial work (1946); Convention No. 124 - for underground work (1965). In particular, Convention No. 77 establishes that children and adolescents under 18 years of age will not be employed in industrial enterprises if, as a result of a thorough medical examination, it is found that they are not suitable for the work in which they should be used.

National laws or regulations should define the body competent to issue certificates of fitness for work, as well as determine the conditions that must be observed when drawing up and issuing a document.

The International Labor Organization has adopted a number of standards aimed at limiting the night work of children and adolescents: Convention No. 6 (1919) on the night work of adolescents in industry; Convention No. 79 (1946) on night work of adolescents in non-industrial jobs; Convention No. 90 (1948) concerning the night work of adolescents in industry. In particular, Convention No. 90 provides that laws or regulations for the implementation of this Convention should: a) prescribe appropriate measures to ensure that these laws or regulations are brought to the attention of all persons concerned; b) determine the persons responsible for the implementation of the provisions of this Convention; c) prescribe appropriate penalties for any kind of violation of these provisions; d) provide for the establishment and maintenance of a system of inspection necessary to ensure the effective implementation of these provisions; e) require each employer to maintain a registry book indicating the names and dates of birth of all persons employed by him who have not reached the age of 18 years.

It is not in vain that minors are singled out as special subjects of labor relations. The task of any legal state is to protect their rights, to guarantee the possibility of realizing labor.

As emphasized in paragraph 1 of Convention No. 138, “each Member for which this Convention is in force undertakes to implement a national policy designed to ensure the effective abolition of child labor and the gradual increase in the minimum age for employment to a level corresponding to the most complete physical and mental development of adolescents.

Moreover, as we emphasized in the introduction to the paper “… child labor is to a large extent a consequence of poverty, and that the long-term solution to this issue lies in sustainable economic growth leading to social progress, in particular the eradication of poverty and universal education” .

International Labor Organization Convention No. 124 concerning the Medical Examination of Young Persons for the Purpose of Determining Their Fitness for Underground Work in Mines and Mines (Geneva, June 23, 1965)

Convention of the International Labor Organization N 123 on the minimum age of admission to underground work in mines and mines (Geneva, June 2, 1965) // International Labor Organization. Conventions and Recommendations. 1919 - 1956. - Volume 2.

International Labor Organization Convention No. 112 concerning the Minimum Age for Employment of Fishermen (Geneva, June 3, 1959)

International Labor Organization Convention No. 90 concerning the Night Work of Young Persons in Industry (Revised 1948) (San Francisco, June 17, 1948)

International Labor Organization Convention No. 79 Restricting the Night Work of Children and Adolescents in Non-Industrial Occupations (Geneva, October 9, 1946)

International Labor Organization Convention No. 77 concerning the Medical Examination of Children and Adolescents for the Purpose of Determining Their Fitness for Employment in Industry (Montreal, September 19, 1946)

International Labor Organization Convention No. 78 concerning the Medical Examination of Children and Adolescents for the Purpose of Determining Their Fitness for Work in Non-Industrial Works (Montreal, September 19, 1946)

International Labor Organization Convention No. 10 on the Minimum Age for the Admission of Children to Employment in Agriculture (Geneva, October 25, 1921)

International Labor Organization Convention No. 7 on the Determination of the Minimum Age for the Admission of Children to Work at Sea (Genoa, June 15, 1920)

International Labor Organization Convention No. 16 concerning the Compulsory Medical Examination of Children and Young Persons Employed on Board Ships (Geneva, 25 October 1921)

Resolution of the International Labor Organization "On youth employment" (Geneva, June 16, 1998) (excerpt) // Library of the Russian newspaper. - issue N 15. - 2000

Convention of the International Labor Organization N 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor (Geneva, June 17, 1999) // Library of the Russian newspaper. - Issue No. 22-23. - 1999