Universal Declaration of Human Rights (UDHR)

Universal Declaration of Human Rights does not specifically address child labour, but prohibits slavery and servitude and provides right to protection from all forms of violence, abuse and exploitation. Child domestic labourers usually spend their lives in slavery-like practises, in violation of Article 4, and are subjected to brutal, cruel, degrading and inhumane treatment, in violation of Article 5. Child domestic labourers are discriminated against at work. In most cases, they are denied the right to rest, leisure, limitation of working hours or leave, in violation of Articles 23 and 24.

Convention on the Rights of Child (CRC)

The Convention on the Rights of the Child (CRC) is an international treaty that sets out the basic human rights that all children should enjoy. It covers a wide range of issues affecting children’s well-being, including child labour. Pakistan ratified the Convention on 12 November 1990.

Article 32 of CRC emphasises that Parties must protect children from economic exploitation and from work that may be hazardous to the child’s health, physical or mental development. The same article emphasises that any work that interferes with a child’s education should not be permitted. It states that the state should set a minimum age for allowing children to work, certain working hours and conditions, and appropriate penalties and other sanctions for effective enforcement.

Other relevant provisions include Article 3, which defines the best interests of the child; Article 6, which ensures the survival and development of children; Article 18, which identifies parents as key responsible for bringing up a child and governments should help them; Article 19, which declares the right to protection from all forms of violence, abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse; Article 20, which describes the child’s family environment; Article 26, which provides the right to benefit from social security; Article 27, which declares an adequate standard of living; Article 28, which provides for free primary education; Article 31, which establishes the right of children to leisure and play; Article 35, which provides prevention and trafficking of children; Article 36, which provides protection from all other kinds of exploitation (being taken advantage of) even if these are not covered in CRC; and Article 37, which prohibits corporal punishment.

International Covenant on Civil and Political Rights (CCPR)

The International Covenant on Civil and Political Rights (CCPR) is an international treaty, adopted by UN in 1996,  sets out the civil and political rights of individuals, including children.  Pakistan signed the ICCPR in 2008 and ratified it in 2010.

While the CCPR does not specifically mention child domestic labour, it does contain provisions that can be used to protect children from this practice. Article 8 of the CCPR states that no one shall be held in slavery or servitude and that slavery and the slave trade in any form shall be prohibited. This provision can be applied to children’s domestic work as it prohibits any form of forced labour or exploitation, including children’s work in households.

In addition, Article 24 of the CCPR recognises the rights of the child and requires States to recognise the inherent right of every child to such measures of protection as may be required by reason of his or her status as a minor on the part of his or her family, society and the State. This provision can also be used to protect children from harmful and exploitative practices such as child domestic labour.

International Covenant on Economic, Social and Cultural Rights (CESCR)

The International Covenant on Economic, Social and Cultural Rights (CESCR) aims to protect and promote economic, social, and cultural rights. CESCR was adopted by the United Nations General Assembly on December 16, 1966, and entered into force on January 3, 1976. Pakistan signed the CESCR in 2004 and ratified it in 2008.

Although the CESCR does not specifically mention child domestic labour, it contains provisions that can be used to protect children from this practice. Article 10 of the CESCR recognises the family as the natural and fundamental group unit of society and emphasises the importance of protecting the family, especially the child, by ensuring adequate support and assistance to parents and guardians. This can be applied to child domestic labour, as it emphasises the importance of protecting the wellbeing and development of children within the family unit. In addition, Article 7 of the CESCR recognises the right of everyone to just and favourable conditions of work, including safe and healthy working conditions, fair wages and the prohibition of child labour. This provision can also be applied to child domestic labour, as it prohibits all forms of child labour, including work in households.

Furthermore, the Committee on Economic, Social and Cultural Rights, which monitors the implementation of the International Covenant on Civil and Political Rights (CESCR), has explicitly stated that child domestic labour can constitute a violation of children’s rights under the Covenant. The Committee has called on States to take measures to eliminate child domestic labour and to ensure that children are protected from exploitation and abuse in the workplace.

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) is an international human rights treaty that prohibits the use of torture and other forms of cruel, inhuman or degrading treatment or punishment. Pakistan ratified CAT on 23 June 2010.

Although CAT does not specifically address child domestic labour, Article 16 of CAT explicitly requires States to take measures to prevent and prohibit cruel, inhuman or degrading treatment or punishment in any territory under their jurisdiction. This provision can be applied to child domestic labour, as it prohibits all forms of cruel, inhuman or degrading treatment or punishment, including abusive and exploitative working conditions for children in households.

ILO Minimum Age Convention, 1973 (No.138)

The ILO Minimum Age Convention, also known as Convention No. 138, adopted by the International Labour Organization (ILO) in 1973. The Convention aims to protect children from exploitation in the workplace by setting a minimum age for employment and establishing standards for the protection of young workers. Pakistan ratified this Convention on 06 July 2006.

Article 2(1) of the Convention states that each ratifying state shall specify the minimum age for admission to employment or work. Article 2(3) specifies the age of entry to work should not be less than the age of completion of compulsory schooling and in any case, shall not be less than 15 years. Article 2(4) gives relaxation of 1 year to countries with insufficient economic and educational developments and countries can specify an initial minimum age of 14 years. Article 3 sets 18 years as age if the work is like to jeopardise the health, safety, or morals of young persons.

ILO Worst Forms of Child Labour Convention, 1999 (No. 182)

The ILO Worst Forms of Child Labour Convention, also known as Convention No. 182, adopted by the International Labour Organization in 1999. The Convention aims  to eliminate the worst forms of child labour. Pakistan ratified the this Convention on 11 October 2001.

Convention No. 182 defines the worst forms of child labour in Article 3 as follows:

(a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour,
including forced or compulsory recruitment of children for use in armed conflict;

(b) the use, procuring, or offering of a child for prostitution, for the production of pornography or pornographic performances;

(c) the use, procuring, or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties;

(d) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety, or morals of children.

This means that if any of the above mentioned conditions or situations exist, it will be considered as the worst form of child labour. The Committee of Experts on the Application of Conventions and Recommendations (CEACR) examines the compliance of ILO conventions ratified by state parties. The Committee noted that child domestic labourers were susceptible to becoming involved in the worst forms of child labour, as their work was difficult to monitor or regulate. The Committee requests the Government of Pakistan to strengthen its efforts to protect and withdraw child domestic workers from exploitative and hazardous work (Direct Request on the Worst Forms of Child Labour Convention – adopted 2020, published at the 109th ILO Session 2021).

ILO Domestic Workers Convention, 2011 (No. 189)

The Domestic Workers Convention, 2011 (No. 189) sets out standards and guidelines for the protection of domestic workers, including those who are children. Article 3(1) of the Domestic Workers Convention, 2011 (No. 189) ensures the effective promotion and protection of the human rights of all domestic workers. Article 3(2)(c) speaks of the abolition of child labour in domestic settings. Article 4 (1) emphasises that countries must abide by the principles and provisions of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182). Article 4(2) also emphasises that countries must take measures to ensure that the work of domestic workers who are under 18 years of age and above the minimum age of employment does not deprive them of their compulsory education or affect their opportunities to participate in further education or vocational training.

Pakistan has not ratified this convention.

ILO Convention on Forced Labour, 1930 (No.29) 

The Convention on Forced Labour, 1930 (No. 29) addresses the issue of forced or compulsory labour. Pakistan ratified this Convention on 23 December 1957. The Convention defines forced or compulsory labour as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.” The Convention prohibits forced or compulsory labour in any form, including slavery, debt bondage and serfdom. It requires member states to take measures to prevent and eliminate forced or compulsory labour, to identify and protect victims, and to ensure that they have access to effective remedies and support services. The Convention also establishes several principles to protect workers from forced labour, including the right to choose one’s employment, the right to leave employment at any time, and the right to be protected from any form of coercion, intimidation or threat. The Convention is relevant because children are forced to do domestic work without their consent.

Abolition of Forced Labour Convention, 1957 (No. 105)

The Abolition of Forced Labour Convention, 1057 (No.105) also aims to eliminate all forms of forced or compulsory labour. This Convention primarily concerns forced labour imposed by state authorities and specifically prohibits the use of any form of forced or compulsory labour. Pakistan has ratified this Convention on 15 February 1960.

Sustainable Development Goals (SDGs)

The Sustainable Development Goals (SDGs) are a set of 17 global goals set by the United Nations in 2015 to achieve sustainable development by 2030. The SDGs cover a wide range of social, economic, and environmental issues. Goal 8 focuses specifically on promoting sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all. Within this goal, target 8.7 specifically addresses forced labour and modern slavery, stating:

“Take immediate and effective measures to eradicate forced labor, end modern slavery and human trafficking, and secure the prohibition and elimination of the worst forms of child labor, including recruitment and use of child soldiers, and by 2025 end child labor in all its forms.”

This target recognises the importance of eliminating forced labour and child labour, which constitute serious human rights violations and impede sustainable development. The target also recognises that immediate action is needed to address these issues and calls on governments, employers, workers and other stakeholders to work together to eliminate forced labour, modern slavery and child labour in all its forms.

Goal 16 of the Sustainable Development Goals (SDGs) is about promoting peaceful and inclusive societies for sustainable development, providing access to justice for all, and building effective, accountable, and inclusive institutions at all levels.

Target 16.2 specifically aims to “end abuse, exploitation, trafficking and all forms of violence against and torture of children.” This target recognises that children are particularly vulnerable to abuse, exploitation, trafficking and violence, and that these are important human rights violations that must be addressed in order to achieve sustainable development.

Generalised Scheme of Preferences Plus (GSP+)

The Generalised Scheme of Preferences Plus (GSP+) is the European Union’s strategy to promote sustainable development in developing countries by making it easier for developing countries to export their products to the European Union. It can be defined as an instrument to promote trade, sustainable development and the protection of labour rights. GSP+ status grants countries duty-free access to various goods to European Union countries. The European Union (EU) granted GSP+ status to Pakistan in January 2014. In September 2021, Pakistan’s GSP+ status was extended by the European Union for two years with six new conventions introduced including child labour, and in October 2023 EU  further extended GSP + for another 4 years for Pakistan until 2027.