No. 182 - Worst Forms of Child Labour, 1999

Provisions

• Ratifying countries are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour.
• The term 'worst forms of child labour' covers:
  • all forms of slavery or practices similar to slavery;
  • the use, procuring or offering of a child for prostitution, production of pornography or pornographic performances;
  • the use, procuring or offering of a child for illicit activities;
  • work which is likely to harm the health, safety or morals of a child.
• The Convention applies to all children and young persons under the age of 18 years.

Administered by

Department of Labour

• Employment Relations Act 2000
• Health and Safety in Employment Act 1992
• Health and Safety in Employment Regulations 1995
• Minimum Wage Act 1983
• Minimum Wage Order 2008
• Minors' Contracts Act 1969

Ministry of Education

• Education Act 1989

Ministry of Justice

• Crimes Act 1961
• Films, Videos and Publications Classification Act 1993
• Human Rights Act 1993
• Prostitution Reform Act 2003
• Sale of Liquor Act 1989

Ministry of Social Development

• Children, Young Persons and Their Families Act 1989

There are other agencies and additional pieces of legislation that are relevant, however the aforementioned Acts are the key pieces of legislation pertaining to this Convention.

How New Zealand implements it

• New Zealand has a number of provisions that restrict the employment of young persons.
• Sections 20 and 25, of the Education Act require the compulsory enrolment and attendance at school of every child between the ages of 6 and 16. There are some provisions for exemption provided arrangements are made for the child to be taught at least as regularly and well as in a registered school.
• Section 30, of the Education Act prohibits the employment of school age children at any time within school hours, or at any other time which would prevent or interfere with:
  • attendance at school; or
  • the ability to do correspondence schooling; or
  • (for exempted children) their ability to be taught at least as regularly and well as in a registered school.
• The Employment Relations Act sets out New Zealand's employment relations framework and applies to all employees, regardless of their age. One of the objectives of the Act is to acknowledge and address the inherent inequality of power in the employment relationship.
• The processes and institutions of the Employment Relations Act produce results that are likely to benefit young people. The Act provides for a range of mediation services, including the provision of information to face-to-face mediated meetings, and adjudication in the Employment Relations Authority.
• The Health and Safety in Employment Act operates on the basis of protection of the health and safety of all persons, including those under the age of 18 years. There are some Health and Safety in Employment Regulations specifically preventing employees of a certain age from undertaking work or employment of a particular description.
• The Minors' Contracts Act provides protection for people aged less than 18 years entering contracts. It provides that certain contracts made by minors are generally unenforceable against the minor unless the contract is fair and reasonable.
• The Crimes Act contains several provisions prohibiting sexual offences involving persons under the age of 16:
  • under the Crimes Act it is an offence to be a client in an act of prostitution by a person under the age of 18 years.
  • the Crimes Act also prohibits offering another person's body for prostitution and procuring any person for the purposes of prostitution.
  • the Crimes Act has a range of provisions prohibiting slavery, debt bondage and serfdom.
• Furthermore, the Prostitution Reform Act prohibits anyone assisting persons under 18 years in providing commercial sexual services; it prohibits anyone receiving earnings from commercial sexual services provided by persons under 18 years; and it prohibits anyone contracting for commercial sexual services from, or being a client of, a person under the age of 18 years.
• The Films, Videos and Publications Classification Act prohibits producing, distributing or possessing child pornography.
• The Sale of Liquor Act prohibits the employment of those under the age of 18 in any capacity in any restricted area on licensed premises while that area is open for the sale of liquor.

This Convention is not applicable to Tokelau.

Ratified - 14 June 2001

Total ratifications - 165

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