Two Constructing the international legal framework
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Trevor Buck
Abstract
This chapter examines the international legal frameworks relating to child labour and child trafficking. Even where states are politically willing to act effectively, the covert nature of child slavery can undermine these attempts; for those less politically compliant, the hidden nature of slavery provides an easy means for avoiding their responsibilities. The chapter concludes that the movement from generic rights to the creation of treaties concerned with more distinct practices and a focus on child-specific rights has led to the positive construction of measures that go beyond criminalisation and which are aimed at providing more comprehensive assistance to the victim and the recognition of children as active rights holders. It also discusses the prohibition of slavery, which was established in the 1926 Slavery Convention and subsequently reinforced under Article 4 of the 1948 United Nations Declaration of Human Rights; slavery and servitude; forced labour; inception of child rights and child welfare; and implementation and enforcement of international laws on child slavery.
Abstract
This chapter examines the international legal frameworks relating to child labour and child trafficking. Even where states are politically willing to act effectively, the covert nature of child slavery can undermine these attempts; for those less politically compliant, the hidden nature of slavery provides an easy means for avoiding their responsibilities. The chapter concludes that the movement from generic rights to the creation of treaties concerned with more distinct practices and a focus on child-specific rights has led to the positive construction of measures that go beyond criminalisation and which are aimed at providing more comprehensive assistance to the victim and the recognition of children as active rights holders. It also discusses the prohibition of slavery, which was established in the 1926 Slavery Convention and subsequently reinforced under Article 4 of the 1948 United Nations Declaration of Human Rights; slavery and servitude; forced labour; inception of child rights and child welfare; and implementation and enforcement of international laws on child slavery.
Kapitel in diesem Buch
- Front Matter i
- Contents v
- Acknowledgements and dedication vii
- Notes on contributors viii
- List of abbreviations xiii
- List of boxes, figures, tables and photos xv
- Introduction: Child slavery worldwide 1
-
Strategic overviews
- Child slavery today 21
- Constructing the international legal framework 43
- Just out of reach: the challenges of ending the worst forms of child labour 61
- Child domestic labour: a global concern 81
- Child trafficking: a modern form of slavery 99
- Clarity and consistency in understanding child exploitation: a UK perspective 117
- A human rights approach to preventing child sex trafficking 133
- Child rights, culture and exploitation: UK experiences of child trafficking 145
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Themes, issues and case studies
- Preventing child trafficking in India: the role of education 163
- Birth registration: a tool for prevention, protection and prosecution 175
- ‘Bienvenue chez les grands!’: young migrant cigarette vendors in Marseille 189
- Child domestic labour: fostering in transition? 203
- Extreme forms of child labour in Turkey 215
- Haliya and kamaiya bonded child labourers in Nepal 227
- Sex trafficking in Nepal 243
- The role of the arts in resisting recruitment as child soldiers and ‘wives’: experience from Uganda and Nepal 257
- International adoption and child trafficking in Ecuador 271
- Child slavery in South and South East Asia 285
- Routes to child slavery in Central America 297
- Resources 307
- The end of child slavery? 317
- Index 327
Kapitel in diesem Buch
- Front Matter i
- Contents v
- Acknowledgements and dedication vii
- Notes on contributors viii
- List of abbreviations xiii
- List of boxes, figures, tables and photos xv
- Introduction: Child slavery worldwide 1
-
Strategic overviews
- Child slavery today 21
- Constructing the international legal framework 43
- Just out of reach: the challenges of ending the worst forms of child labour 61
- Child domestic labour: a global concern 81
- Child trafficking: a modern form of slavery 99
- Clarity and consistency in understanding child exploitation: a UK perspective 117
- A human rights approach to preventing child sex trafficking 133
- Child rights, culture and exploitation: UK experiences of child trafficking 145
-
Themes, issues and case studies
- Preventing child trafficking in India: the role of education 163
- Birth registration: a tool for prevention, protection and prosecution 175
- ‘Bienvenue chez les grands!’: young migrant cigarette vendors in Marseille 189
- Child domestic labour: fostering in transition? 203
- Extreme forms of child labour in Turkey 215
- Haliya and kamaiya bonded child labourers in Nepal 227
- Sex trafficking in Nepal 243
- The role of the arts in resisting recruitment as child soldiers and ‘wives’: experience from Uganda and Nepal 257
- International adoption and child trafficking in Ecuador 271
- Child slavery in South and South East Asia 285
- Routes to child slavery in Central America 297
- Resources 307
- The end of child slavery? 317
- Index 327