No. 10 prohibited employment which prejudices children’s school
attendance and set the age at 14. This link has almost fallen into
oblivion and the recent global mobilization for the elimination of
child labour has channelled attention to working children. The
ILO-IPEC (International Programme for the Elimination of Chid
Labour) has been set up to facilitate ‘a process geared to reform
and change in social attitudes and in public and corporate policies
that will lead to sustainable prevention and abolition of child
labour from within a country.’41
Both prevention and abolition of child labour have imposed
additional challenges upon education. Prevention of child labour
necessitates a conceptual shift in the orientation of education
towards the acknowledgment of one simple fact:’the unavoidable
labour reality is very much local.’42 Any and every global or
foreign model then has to be adapted to that local reality. The
dominant trend in the conceptualization of human rights in the
Western industrialized countries, which influenced international
human rights law, defined work as access to employment in the
formal sector. Self-employment in the informal sector (whether
subsistence and entrepreneurship) emerged later and does not
have, as yet, any clear-cut international human rights standards.
The heritage of designing primary education so as to lead pupils
to secondary and higher education does not make the situation
better, on the contrary. Adaptability of education to selfemployment in the informal sector is often hampered by school
curricula ‘developed centrally by groups of ‘experts’ who design
them to prepare children for the next level of education to which
many children will be unable to proceed.’43 The attractiveness of
such education for pupils and their parents suffers in consequence.
Creating opportunities for working children to ‘learn and
44
earn’ have been grounded in the necessity for poor people –
including children – to work so as to be able to survive. Full-time
education then appears to be a luxury rather than a basic right of
the child, and changing that cruel reality requires a great deal of
political and financial commitment. The Supreme Court of India
has accepted this ‘learn and earn’ approach for non-hazardous
employment of children below 14 years of age, mandating a
reduction of daily working hours to six, coupled with at least two
hours of education at the expense of the employer. For hazardous
work, the Court has recalled that child labour could not be
eliminated without tackling the underlying poverty and suggested
ensuring work for an adult member of the family in lieu of the
child or, if this is impossible within the limits of the economic
capacity of the state, the provision of a minimum income to the
family in order to enable them to send the child to school. This
should be payable as long as the child attends school.45
43
41
ILO-IPEC Highlights of 1998, International Labour Organization – International
Programme on the Elimination of Child Labour, Geneva, October 1998, p. 6.
42
Atchoarena, D. & Hite, S. – Training Poorly Educated People in Africa, Document
prepared for the International Labour Office (ILO) by the International Institute for
Educational Planning, Paris, April 1999, p. 65.
34
Right to Education Primers No. 3
Haspels, N. et al. – Action against child labour: Strategies in education. Country
experiences in the mobilization of teachers, educators and their organizations in
combatting child labour, ILO-IPEC, Geneva, May 1999, p. 41.
44
ILO-IPEC – Action against child labour: The role of education, A briefing paper
produced for Consortium Meeting on Secondary Education, Paris, 10 – 11 June 1999,
p. 10.