An analysis on the child labour laws of Kenya: a mission for the best interest of the child.
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Date
2019-05
Authors
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Journal ISSN
Volume Title
Publisher
Kampala International University,School of Law
Abstract
Child labour continues to be widespread phenomena across the globe. Worldwide over 215 million children have been described to be working, and many of them are involved in fulltime labour. Certain land expanses that have documented the highest numbers of child labourers include Asia and Sub-Saharan Africa. The ILO has taken ingenuity to ensure eradication of child labour. Thereby, certain statutes to include the ILO Convention No. 138 on Minimum Age of Employment that seeks to ensure children below a certain age are not engaged in child labour. ILO Convention No. 182 is on the Worst forms of Child labour its aim is to ensure that children are not involved in dangerous activities that may be injurious to their wellbeing or may interfere with their rights entitled to them. The African Charter on Rights and Welfare of a Child has also outline the need for protection for children's rights and encourages state parties to ensure that the best interests of a child prevails. Kenya has ratified all three instruments as an initiative to ensure children rights are protected. Various pieces of legislation such as the Constitution of Kenya 2010, Employment Act, Children's' act have provisions to ensure that child labour is eradicated. Despite all this pieces of legislation there is need for a child-revolving policy on the elimination of Child Labour. Such a policy would take into account the nature of work done by the child and consider what is best for the child. This study will thus analyze the legal provisions on child labour and the steps taken by Kenya to fulfill its obligations. It will also give a recommendation on how to formulate a child-revolving policy in order to eradicate child labour and ensure the best interest of the child triumphs.
Description
A dissertation submitted to the School of Law in partial fulfillment of the requirements for the award of the Bachelors Degree of Laws at Kampala International University
Keywords
Child labour, Law, Kenya