• Legal Framework: important gaps
• Legislation without enforcement is futile
• Recommendations

This research offers an overall view of the different national legal frameworks implemented for the protection of child domestic workers. It studies their effective enforcement and analyses the important gaps existing in the legal protection system available. Recommendations center on the recognition of a special status for those children and on the need to adapt laws and policies. Submitted for the International Labor Organization's high-policy conference in Changmai, Thailand last 2002, this research covers 13 Asia-Pacific countries including Bangladesh, Cambodia, China (plus Hong Kong, SAR), Fiji, India, Lao PDR, Mongolia, Nepal, Pakistan, the Philippines, Thailand, Sri Lanka and Vietnam. The researcher, Atty. Amparita S. Sta Maria, is in-charge of the Research Education and Publication Desk and Women Desk at the Human Rights Center, Manila and is also a faculty member of the Ateneo Law School.

Legal Framework: important gaps

The first important gap is that none of the national codes specifically define the terms "child domestic worker". Furthermore, as a common observation, most of the fundamental laws applicable to child domestic workers are not exclusive to them. Laws will promote and protect their rights as children, members of the country's work force, domestic workers or as victims of abuse and exploitation. However, none of the legal system offers recognition of their special needs. Even in the Philippines, which is considered as the country where national laws targeted the issue the most, only two provisions directly deal with the situation of child domestic workers: the fact that employers should allow their child house helpers to complete their elementary education and the limitations on hazardous undertakings for domestic helpers aged between 15 and 18 year old, as covered by DOLE Department Order No. 4, series of 1999.

However, specific laws and regulations can be mentioned as relevant to those children. There include providing for a minimum age of employment, one of the most important norms for the prevention of exploitation of child labour and the protection of children against hazardous work. However, implementation should also take into account children in the informal sector such as domestic work.

It also includes free and compulsory education, mentioned in most of the national codes of the countries concerned. However, it has made little significance in preventing children from entering domestic work. Not all parents appreciate the value of sending their children to school as to having them help out financially by working. Furthermore, working children have difficulties to combine work and school. Their particular condition is not taken into account for their schooling.

Finally, registration of births are rarely mentioned in the written laws of the countries concerned. Birth certificates can be a vital proof as many employers pretend to ignore the real age of the child. This document could also facilitate in the monitoring process.

Legislation without enforcement is futile

The study points out the need to strengthen the existing national mechanism. The fact that national laws do not consider domestic work as prohibited hazardous labour for children poses serious difficulties in monitoring, implementation and inspection. The problems specifically lie in three areas.

First, laws on labour inspections are generally focused on monitoring industries and establishments, rather than individual homes where child domestic workers are found. Inspection in household requires child abuse or injury for an immediate verification and action. That is to say too late. Harm against the child has already been done.

Second, rescue operations take place when abuse on a child domestic worker is reported. The report of abuse is usually made through hotline services. Immediate protective custody has to be provided to the children victims of abuse and rehabilitation measures undertaken by the social workers. Such interventions require manpower and resources which countries concerned lack.

Third, many child domestic workers are unaware of their rights. Accessing justice for non-payment of wages, physical injuries or other acts of cruelty or abuse are very seldom. Thus, most of the time the cases are settled out of court or compromised. Only few criminal cases are filed against the abusive employers as the procedure is too long and children scared. Therefore, laws that aim to penalize employers fail to achieve their purpose.

Recommendations

1. Enact a law specific on child domestic workers with a legal definition of domestic work, domestic workers and of child domestic workers. Special provisions for children (that is to say from 14 to 18) should be enounced and include and define hazardous working situations.
2. Institutionalize a system of compulsory registration of all the domestic workers down to a local level.
3. Require a work permit for the employment of child domestic workers. Pre-employment requirements for the work permit should include birth certificates or other proof of age.
4. Strengthen collaboration between the relevant actors. There is a need to strengthen the existing national machinery to work collectively in detecting, monitoring, rescuing and rehabilitation of child domestic workers using non-violent and non-confrontational approaches. Each role must be clearly defined and partnerships strengthened. Strategies must also include employers as partners in uplifting their relationship with child domestic workers.
5. Undertake and develop awareness-raising programs and training for law enforcement, social workers and labour officers to implement the legal framework available in a comprehensive and coordinated way.
6. Undertake and develop information campaigns and documentation on child labour laws and penalties addressed to child domestic workers. Advocacy should also include employers of domestic workers and parents.
7. Gather data and undertake research on the phenomenon of child domestic workers, especially in the context of the worst forms of child labour in order to insure that laws and policies issued in addressing the problem are adequate and responsive.

Back to Main