Star Law analysis
In search of a just domestic child labour law
Md. Alamgir
The term “child labour” is not new in any society of the world. Domestic child labour is also a very dangerous sector in all kinds of child labour. But society in general often overlooks the sector of domestic child workers. The practice of employing children in domestic work is still deeply rooted and common in Bangladesh. Some started to work as young as 9 years old. They are not even covered by laws. Many call it “a difficult sector to work with,” but the bottom line is, even in our work for social justice, we have discriminated against our domestic helpers.
Though the Constitution of Bangladesh has drawn a special attention towards ensuring the rights of women and children but the existence of different forms of Child Labour is still an issue of concern. Domestic Child Labour is one of them. Government has already made different child labour related laws for formal sector but it is a matter of great sorrow that there is no govt. policy/law for the domestic child labour. In every case these children rights are not protected and their rights here are also far away from the international standard.
Working away from their home, the children remain separated from their family for extended periods of time. They are prohibited from communicating with their families. The child is thus under the complete control of his/her employer, who does not necessarily serve the child's best interests. The child's freedom of movement is also limited. Isolated from family and peers, the children rarely leave employers even when they suffer abuse.
Reason for raising the issue
Domestic service is a special section of the child labour sector where the whole society is involved. It is the largest and most open, yet invisible, form of informal child labour. Child domestic work differs in the sense that the employer does not get any direct financial benefit from the child's labour, unlike children working in shops or industries where longer hours bring more profit for the employer. Hence the phenomenon of child domesticity is dominated by a type of mutual dependency where economic exploitation is not the key motivation.
The most frequently cited reason for children entering domestic service is poverty. But the word 'poverty' itself does not adequately describe the situation. If employers are not prepared to exploit the poverty of children (and their families), there would be no child labour. Children are employed because they are easier to exploit. Children can be paid less and the parents of child labourers often being unemployed or underemployed, they(child labourers) are desperate to secure employment and income. Because children are more malleable: they will do what they are told without questioning authority. Because children are more powerless, they are less likely to organize against oppression and can be physically abused without apprehending any strike back.
Rationality for adopting new law
Most of the informal child workers are deprived of their basic rights. Very often their rights are disregarded by their employers. They cannot claim minimum standard wages, weekly holiday or other prescribed holidays and other rights as the formal workers are entitled. To. Though their contribution in the field of socio-economic development is no way negligible, but their socio-economic condition is marginal. Without upholding their status, the over all development is not possible. So far our greater interest is concerned they should not be ignored. It needs to enact laws in favour of domestic child labour to uphold their status. Against the said backdrop in Bangladesh the new law on child labour calls for greater importance to ensure their rights and provide them legal protection at all levels of their domestic work
Other steps need
It is realized that necessary research work and database should be developed for monitoring the actual picture of domestic violence against children in Bangladesh;
-Physical and psychological punishment both at home, workplace and academic institutions should be abolished like in western countries. Necessary laws and policies should be adopted in this regard;
-Parents, care givers and other duty bearers should be sensitized and made aware about the negative consequences of physical and psychological punishment on children's normal growth and development so that the stakeholders feel discouraged to do any harm to their children;
-Parents, teachers and care givers need to be trained on alternative measure of disciplining and good parenting;
-Children in all status should be organized so that they can raise their voices for addressing any forms of violence and abuse at their home and community;
-Necessary Code of Conduct for Employers of child domestic workers should be developed so that employers feel obliged to abide by those and thus contribute positively in reducing domestic violence against children;
-Social and cultural norms should be well taken care of in child rights related programming so that children are considered as 'being' and 'rights holders' instead of merely a 'property' of adults and guardians;
-Media and law enforcing agencies should be properly sensitised so that cases on violence against children are well-reflected and taken care of with due respect to child-victims;
-A telephone hotline facility should be established for receiving complaints regarding the cases of child abuse and violence and making effective follow-up.
[Source: Domestic violence against children, State of Child Rights in Bangladesh 2006 (page-37) published by Bangladesh Shishu Adhikar Forum]
Conclusion
The state must consider the core causes of domestic child labour, the elemental causes for which many of our children are sacrificing their childhood, education and congenital amusements. The very initial but significant cause is, of course, that they are financially handicapped. We believe, whatever plans can be adopted and implemented by the state, unless and until this fundamental obstruction is removed, it will not lead to any substantial change. It can be argued that this proposition needs an overall improvement of the country's economic condition. May be this is our ultimate aspiration. But for immediate and substantial achievements, the state has some other gates open to serve the same purpose. And in this regard the state should make a policy/law at least to trim down their sufferings.
Certainly, the ultimate target for the state is the elimination of child labour which requires consideration of many other inter dependent and integrated factors. And, since that long march has to be started from now, the state must make policies germane with its final target. Thereby, the country needs to maintain comprehensive and integrated domestic child labour policy. In some cases, it should go for completely different but analytically constructive and practically applicable approaches for immediate achievement of many of its ardent needs regarding complete elimination of domestic child labour.
The writer is a Research & Advocacy Officer, Bangladesh Shishu Adhikar Forum.
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