Child Labor In Bolivia: Is It Legal?

In 2014, Bolivia became the first country in the world to legalise child labour, allowing children as young as 10 to work. This new law has been met with sharp criticism from international human rights groups, the United Nations, and the International Labour Organization (ILO), as it goes against the ILO's Minimum Age Convention, which sets the minimum working age at 14 (15 in developed countries). However, supporters of the legislation argue that it guarantees legal protections and fair wages for children who were already working illegally. This controversial move has sparked a global debate about the complexities of child labour and the most effective ways to address it.

In 2014, Bolivia became the first country to legalise child labour

The new law allows children between the ages of 10 and 12 to work independently, for example, by shining shoes or selling goods on the street. Children aged 12 to 14 can hold contracted work, provided they do not work more than six hours a day and continue their education. Additionally, parental authorisation and supervision are required for children under 14.

Bolivia's decision to legalise child labour reflects the country's dire economic situation, with approximately 45% of its population living below the poverty line. Supporters of the new law, including President Evo Morales, argue that child labour is a necessity in many poverty-stricken areas of the country. They claim that without child labour, a significant portion of Bolivian families would struggle to survive. Furthermore, supporters argue that a ban on child labour would be ineffective and push children into illegal and unsafe working conditions.

However, critics argue that the new law will trap children in a cycle of poverty and illiteracy. They worry that children will be too exhausted from work to engage in learning, leading to a lack of education and, consequently, fewer opportunities for better-paid employment in the future. Additionally, with approximately 850,000 child labourers in Bolivia and only 78 inspectors, critics doubt that the protections outlined in the law can be effectively enforced.

Bolivia's decision to legalise child labour stands in stark contrast to global efforts to reduce the exploitation of children in the workforce. While the country aims to 'solve' poverty by 2025 through this legislation, critics argue that it will likely exacerbate the problem and perpetuate the cycle of poverty.

Children as young as 10 are allowed to work

In 2014, Bolivia passed a law allowing children as young as 10 to work. This law is an amendment to the country's child labor law, making it more flexible. The legislation sets 12 as the minimum age for a child to work under contract and 10 if they are self-employed, provided they are attending school and have parental authorization.

This law has been met with sharp criticism from international human rights groups, stating that it goes against the United Nations convention, which sets a minimum working age of 14. The International Labour Organization (ILO) also has Minimum Age Conventions that state 14 as the minimum age for light work. However, supporters of the legislation argue that children in Bolivia are working regardless of laws against it, and this law will guarantee legal protection and fair wages for them.

The law includes some protections for children. For example, children between 10 and 12 must be supervised by a parent while they work, and under-12s are not permitted to undertake third-party employment. Additionally, stringent requirements are imposed on employers to ensure the physical and mental health of employed children, and voluntary consent from the child and parents is mandatory. Still, critics argue that it will be challenging to uphold these protections with limited inspectors and that working children will be too exhausted for proper education, trapping them in a cycle of poverty.

Bolivia's decision to lower the minimum working age is a complex issue. While it is essential to protect children's rights and well-being, the country's economic realities and the existence of child labor must also be addressed. Some argue that broader economic progress and alternative approaches are needed to effectively combat child labor and poverty.

Children aged 10-12 must be supervised by a parent

In 2014, Bolivia passed a law allowing children as young as 10 to work. This has raised concerns among human rights groups, as it goes against the United Nations convention, which sets a minimum working age of 14. However, this law includes protections for children aged 10-12, who must be supervised by a parent while they work.

The law states that children between 10 and 12 are allowed to work independently, but they must be under parental supervision. This means that they can work in jobs such as shining shoes or selling food on the street, but they cannot be contracted by a boss. The law also stipulates that they must continue their education while working.

The supervision of a parent is intended to provide a level of protection for children in this age group who are working. It ensures that a child's work does not interfere with their schooling and that they are not being exploited or overworked. It also allows parents to monitor the working conditions their children are exposed to and ensure they are treated fairly.

However, there are concerns about the effectiveness of this protection. With a high number of child labourers in Bolivia and only a limited number of inspectors, it may be challenging to enforce these protections. Critics argue that children working long hours may not have the energy or time to engage in learning, which could negatively impact their education and future prospects.

The inclusion of parental supervision in the law for children aged 10-12 is an attempt to balance the reality of child labour in Bolivia with the need to protect children's rights and ensure their access to education. While the law aims to provide some safeguards for this vulnerable age group, its effectiveness depends on adequate enforcement and resources, which remain a concern for critics.

Children aged 12-14 can work under contract with parental consent

In 2014, Bolivia passed a law that allows children aged 12 to 14 to work under contract with parental consent. This legislation has been widely criticised for reducing the minimum working age from 14 years old to 12, and for allowing children as young as 10 to work.

The law states that children aged 12 to 14 can work under contract, provided they do not work more than six hours a day, they attend school, and they have permission from a parent or guardian. The law also requires supervision from a child protection agency.

Supporters of the law argue that it offers protection to children who are already working. They say that the law guarantees fair wages and legal protections for these children, who are working to support their families. The law also gives children a legal leg to stand on if they have a problem with their employer.

However, critics argue that the law goes against the International Labour Organization's Minimum Age Convention, which permits a working age of 15 (14 for developing countries). They say that the law could trap people in a cycle of poverty, as children will be too exhausted from work to engage in learning, and will therefore miss out on education.

The law goes against the International Labour Organisation's minimum working age protocol

In 2014, Bolivia passed a law allowing children as young as 10 to work. This legislation goes against the International Labour Organisation's Minimum Age Convention, which sets the general minimum age for employment at 15 years (14 for developing countries) and 13 for light work. The convention also prohibits anyone under 18 from engaging in hazardous work, with an exception for 16-year-olds under certain strict conditions.

The Minimum Age Convention, which Bolivia has signed, is a fundamental convention of the ILO and represents a global agreement to protect children's rights and development. By passing a law that contradicts this convention, Bolivia is violating international norms and standards.

The ILO's convention sets the minimum age for employment at 15 years, with some flexibility for developing countries to set it at 14. Bolivia, as a developing country, previously had a minimum working age of 14. By lowering the minimum age to 10, Bolivia has strayed even further from the international standard.

The convention also recognises that light work, which is not likely to be harmful to the health or development of children, may be permitted for 13 to 15-year-olds, and for 15-year-olds who have not completed compulsory schooling. However, Bolivia's new law allows children as young as 10 to engage in work, which is significantly below the minimum age set by the ILO.

By passing this legislation, Bolivia is prioritising short-term economic gains over the long-term well-being and development of its children. This approach is counterproductive, as it perpetuates the cycle of poverty and exploitation.

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