Chi Child Labour Labour Inspection Inspection João Paulo Ferreira Machado Labour Inspector
• History • 1891 - Decree No. 1,313: Creation of Labour Inspection in Brazil, the initial purpose being to fight child labour – Minimum age: 12 – Maximum daily working hours Male: between 12 and 15 years of age, 9 hours per day maximum • Female: between 12 and 14 years of age, 7 hours per day maximum • • 1943 – Consolidation of Labour Laws – Title III, Chapter IV: "Protection of the Underage at Work“ – Minimum age: 12 • 1988 – Federal Constitution (original text) – Minimum age: 14, except for apprentices who can start doing an apprenticeship from the age of 12; – Prohibition of night work, dangerous and unhealthy for young persons under 18; – Integral (full) Protection Theory: Art. 227.
• History • 1990 – Statute of the Child and Adolescent (Act No. 8,069) – Regulation of rights and guarantees for children and adolescents; – Articles 60 to 69 deal specifically with child labour; • 1992 – Creation of IPEC – the International Programme for the Elimination Child Labour; – Brazil was one of the first 5 member countries of IPEC; • 1994 - National Forum for the Prevention and Elimination of Child Labour - FNPETI: – Coordination under the responsibility of the Secretariat of Labour Inspection at the Ministry of Labour during the first 3 years of existence; • 1998 – Constitutional Amendment No. 20: – Minimum working age: 16, except for apprentices who can start from the age of 14; – Prohibition of night work, dangerous and unhealthy for young persons under 18.
• Theory behind Integral Protection: “It is the duty of the family, society and the State to ensure the right to life, health, food, education, leisure, professional training, culture, dignity, respect, freedom, family and community life, and to safeguard them from all forms of neglect, discrimination, exploitation, violence, cruelty and oppression.” (Art. 227, CF/88)
• The 1988 Federal Constitution: “Prohibition of night work, dangerous or unhealthy to persons under eighteen years of age, and any work under the age of sixteen, except as an apprentice, from the age of fourteen” (Art. 7, XXXIII)
• Concept: Child labour refers to economic and/or survival activities, whether or not for profit, paid or unpaid, carried out by children or adolescents aged under 16, with the exception of apprentices who can start their apprenticeship from the age of 14, regardless of their occupational condition. (National Plan for the Prevention and Elimination of Child Labour and the Protection of Working Adolescents)
18 work is ALLOWED as long as it is not a night job, dangerous or unhealthy, and the activity is not classified in the “WTCL List” 16 ALLOWED to work ONLY as an apprentice; 14 FORBIDDEN to work Age
• Role of Labour Inspection • Labour Inspection (Normative Instruction [Administrative Act] No. 102, 2013) • Planning (diagnosis, data, experience), giving priority to activities foreseen in the WFCL List, respecting the peculiarities and specificities of the region and following the guidelines of the Labour Inspection Secretariat; • Inspection work; • Forwarding the results of inspection work. • Articulation with the Child and Adolescent Protection Network: • Participation in forums and social dialogue institutions; • Prevention; • Sensitization / Awareness / Guidance / Information.
• Child and Adolescent Protection Network: State Forums for the Elimination of Child Labour; Municipal Board on the Rights of Children and Adolescents; Municipal Department of Social Assistance; Reference Centres for Occupational Health - CEREST; Guardianship Boards; Ministry of Labour; Public Prosecutor’s Department; Labour Court; Office of the Public Defender; Trade Unions; The so-called "S-System" organisations and companies; Non-Governmental Organisations; (among others, depending on the local situation).
• Work Inspection and Articulation with the Protection Network • National Committee for the Elimination of Child Labour (CONAETI) • Discussion and drawing-up of the Worst Forms of Child Labour List (“ WFCL List") - Decree no. 6,481, 2008 • Drawing-up of the National Plan for the Prevention and Elimination of Child Labour and the Protection of the Adolescent Worker (2nd version - 2011 to 2015 and 3rd version currently under completion) • National Forum on the Prevention and Elimination of Child Labour (FNPETI) • National campaigns on the National Day and World Day against Child Labour - June 12, besides the National Caravans, fundamental to make child labour “ un-natural” ; • National Council for the Rights of Children and Adolescents (CONANDA)
• CONAETI: - Established in 2002 - Made up of 34 government representatives, workers, employers, civil society, the justice system, international organizations. - Goals: • To regulate ILO Conventions no. 138 and 182 • To draw up the Worst Forms of Child Labour List - WFCL List • To adapt the legislation to ILO Conventions no. 138 and 182 • To draw up the National Plan to Fight Child Labour - CONAETI Subcommittees: • Analyze and define the Worst Forms of Child Labour • Analyze and adapt of Legislation to ILO Conventions no. 138, on the minimum working age, and no. 182 • Revise the National Plan for the Prevention and Elimination of Child Labour and the Protection of Working Adolescents
• The Decision Process within CONAETI: – Advisory Committee of the Minister of Labour – Regular bimonthly meetings – The decisions, reports and opinions of the subcommittees should be considered by the CONAETI plenary – After deliberation, measures are adopted through a consensus decision-making process – Minutes published on the Ministry of Labour Website
• Labour Inspection and International Cooperation: - Global Conferences on Child Labour - Regional Plan for the Elimination of Child Labour within MERCOS UR - Latin America and the Caribbean Regional Initiative on Child Labour - S outh-S outh Cooperation Consistent demand from other countries regarding the Brazilian o practices on prevention and elimination of child labour. Trilateral Cooperation Programmes between ILO and Brazil with other o developing countries.
Thankyou! João Paulo Ferreira Machado Labour Inspector Department of Labour Supervision Secretariat of Labour Inspection joao.p.machado@mte.gov.br +55 (61) 2031-6172 e (44) 99824-6608
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