Lesson 4: Human Rights in Global, Regional and National Context

FACULTY OF LAW FOURAH BAY COLLEGE -USL DEPARTMENT OF HUMAN RIGHTS, CONSTITUTIONALISM AND CRIMINAL JUSTICE. LLM YEAR ONE(1)

HUMAN RIGHTS IN GLOBAL REGIONAL AND NATIONAL CONTEXT.

Dated 21st March 2026.

International conventions on child labor — especially ILO conventions and their purpose.

Key ILO Conventions on Child Labor as follows:

1. International Labor Organization Convention No. 138 — Minimum Age Convention (1973)

Main Idea: Sets the minimum age for employment Key rules:

• Minimum age for work = 15 years (general rule)

Developing countries may set 14 years Hazardous work = 18 years Light work allowed = 13–15 years Purpose:

• Gradual elimination of child labor 2. ILO Convention No. 182 The lecturer called this the most important convention.

It focuses on the worst forms of child labor Worst Forms of Child Labor These include:

Slavery or child trafficking Forced labour Child soldiers Child prostitution Child pornography Drug trafficking Hazardous work (mining, dangerous factories, etc.)

Example given in lecture

• Mining
• Drug trafficking
• Night work
• Dangerous industries

This convention says:

• Countries must eliminate the worst forms immediately

Older ILO Conventions Mentioned in Lecture ILO Convention No. 79 (Medical Examination)

Children in industries must undergo medical examination Protects the health of working children ILO Convention No. 90 / 92 (Night Work)

Children below 18 cannot work at night

Night work is considered the worst form of child labor ILO Minimum Age Convention (older)

The lecturer mentioned:

• Minimum employment age = 16 (This refers to earlier conventions before 138 unified them)

Optional Protocol (Important)

This refers to:

Optional Protocol on Sale of Children Covers:

Sale of children Child prostitution Child pornography These are also the worst forms of child labor African Regional Convention African Union Charter on the Rights and Welfare of the Child (1990)

Important:

• Article 15 → Child labor protection
• Prohibits hazardous work
• Protects child health and morals
• European Social Charter (Revised 1996)
• Article 7

Minimum age for employment Protection from hazardous work No night work Health protection MAIN AIM of All these Conventions:

All conventions aim to prevent work that:

harms health harms safety harms morals is hazardous exploits children So, the central idea means to eliminate hazardous child labor Human rights, multinational corporations, supply chains, due diligence, and child labor.

1. Multinational Corporations and Human Rights

Multinational corporations (MNCs) often:

exploit cheap labor use child labor ignore safety standards violate human rights Example mining companies cocoa supply chains garment factories mineral extraction The state has the duty to protect human rights.

This comes from international law:

The state must protect Corporations must respect Victims must access remedy This is based on:

• UN Guiding Principles on Business and Human Rights

Three pillars:

• State duty to protect Corporate responsibility to respect Access to remedy 2. What is Supply Chain?
• Supply chain = the entire process of production from raw materials to the final product.

Example

Mining → Transport → Factory → Export → Retail store Child labor usually happens at:

• raw material stage small subcontractors informal sectors Companies at the top pretend they don’t know.
• That is how supply chains contribute to child labor.

Example (Very Important)

Company in Europe sells chocolate ↓ Cocoa from Africa ↓ Farmers use child labor ↓ Company claims “not our responsibility”

This is a supply chain human rights violation

3. Due Diligence (Very Important Concept)

Due diligence means: Companies must:

investigate suppliers monitor labor conditions prevent child labor ensure safety check subcontractors But the lecturer says: Many corporations do NOT follow due diligence They only want:

cheap labour high profit

4. Why Do Governments Fail to Stop Child Labor The lecturer explained:

Governments sometimes fail because:

lack of resources corruption dependence on foreign investment weak enforcement poverty political pressure So even if laws exist → not enforced

5. Domestication of International Law Important exam point:

• International conventions do not apply automatically.

They must be: Domesticated into national law Example:

• ILO Convention
• CRC
• African Charter

If not domesticated: → hard to enforce

6. Parent Company vs. Subsidiary Problem The lecturer also mentioned:

Multinational corporations operate like:

• Parent company (Europe/China/US)

↓ Subsidiary (Africa/Asia)

A parent company claims: "Subsidiary is responsible."

This creates an accountability gap Human rights violations occur in:

• mines factories farms The lecturer explains monograph research on child labor, 1. What is a Monograph?

A monograph is:

• A detailed study on one single topic Written by an expert Deep research (not general discussion)

Example:

A full book only on child labor A full book only on human rights A full book only on supply chain exploitation The lecturer said:

• The writer focused only on child labor and became a master in that area.