Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Traditional and modern child labor in Iranian case law and the International Convention on the Rights of the Child

Document Type : Research Article

Authors
D.r Seyyed Pedram Khandani 1
Mahrooyeh Shoja Sangchooly 2
1 Assistant Professor and Faculty Member, Faculty of Law, Islamic Azad University, Karaj Branch. (Corresponding Author)
2 Master student of private law, Faculty of Law, Islamic Azad University, Karaj Branch.
Abstract
Despite the ban on child labor in the Convention on the Rights of the Child, unfortunately we are still seeing an increase in the number of children who turn to the workplace due to family hardship and poverty. Until recently, child laborers were children who made a living on the street by selling goods or collecting garbage. Today, these working children are referred to as traditional child laborers. But with the easy access of people to social networks, another type of working child emerged called the modern working child, children who differ only in appearance from the traditional working child, and whose elements of worker and employer and incentive to earn money are still present. Although in our country, different laws have been passed in the field of child labor, and Article 1 of the Law on the Protection of Children and Adolescents extensively mentions cases of child abuse, but little attention is paid to this social problem. Therefore, the domestic legislator can stand against the invasion of the child's privacy by amending the laws and criminalizing the employers of children and adequate supervision of the family institution and cyberspace. In the Convention on the Rights of the Child, the drafters have left the determination of the minimum age of child labor to the domestic law of countries, and this opens the way for the exercise of taste in the development of child rights and labor rights in the domestic laws of countries. As a result, it can be said that the Convention on the Rights of the Child is not successful due to the lack of a clear framework and needs to be amended.
Keywords
Child Labor
Child and Adolescent Protection Act
Convention on the Rights of the Child
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  • Receive Date 13 January 2021
  • Revise Date 19 January 2021
  • Accept Date 30 January 2021