"An effective way to distinguish between child labour and child slavery is to consider the extent to which the labour performed results in a deviation of the traditional childhood a child would typically experience in the same cultural and social context."
We have started on a series of blogs exploring some common language, questions and misunderstandings about slavery in the 21st century. We have already examined low wage employment and how this is different to slavery (you can read Part 1 here). This blog, Part 2, explores child labour and other forms of labour that can be classed as slavery.
Is child labour a form of slavery?
The nature of the labour and the circumstances in which it occurs will determine whether labour provided by a child can be classified as slavery. An effective way to distinguish between child labour and child slavery is to consider the extent to which the labour performed results in a deviation of the traditional childhood a child would typically experience in the same cultural and social context. Cultural, social, political and religious circumstances which interfere with the rights of a child such as forced marriage, denial of education to girls and the use of child soldiers will not be considered. These factors, while being issues which need to be more broadly addressed, are beyond the scope of this blog.
The Convention on the Rights of the Child provides an appropriate minimum standard of what childhood should look like. This Convention includes provisions that a child:
has a right to know and be cared for by their parents (Article 7);
shall not be separated from their parents against their will (Article 9);
has a right to receive the highest attainable standard of health and access to facilities for the treatment of illness and rehabilitation of health (Article 24);
a right to a standard of living adequate for the child's physical, mental, spiritual, moral and social development (Article 27);
has a right to education (Article 28);
has the right to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts (Article 31);
has the right to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development (Article 32 (1)); and
is afforded the protections of a minimum age for admission to employment and appropriate regulation of the hours and conditions of employment (Article 32(2)).
Fundamentally, if the labour performed by a child impedes or contravenes these provisions then that labour may be considered to be slavery. It is important to also consider the social, family and economic factors to which the child is subjected. These factors may fail to provide the child with the childhood envisaged by this Convention but not automatically classify the labour performed by a child as slave labour.
A comprehensive view of the entirety of the child’s circumstances needs to be taken into account to determine if the labour provided by a child amounts to slave labour. Useful considerations to identify the existence of child slavery include:
whether the primary beneficiary of the child’s labour is themselves and their family or another person. Child labour which objectively exploits the child for the personal gain of another person, especially when that person has no familial connection to the child, can typically be regarded as slavery. Child slavery can exist in circumstances where the child’s family benefits from the child’s labour in a disproportionate manner. For example, where the one child’s labour provides:
a significant proportion of their household’s income; or
for their siblings education to the detriment of their own education;
whether the provision of the labour occurs at the expense of educational opportunities which would normally be available;
whether the provision of labour unreasonably restricts the child’s ability to engage in play and recreational activities;
the age at which the child begins providing their labour outside of a family setting. Especially, in circumstances where the provision of labour is connected to a financial arrangement;
the degree to which the child is physically separated from their family when providing their labour;
the hazards and risk to the child’s health associated with a particular form of labour; and
whether the child is able to refuse to work. Especially, when their labour is provided outside of a family setting.
Child slavery is not easily defined but it is easily recognised when evaluating the labour provided by a child using the above considerations and the Convention on the Rights of the Child.
New Rivers takes swift and comprehensive steps to eliminate the use of child labour in its businesses and increases the educational opportunities for its employees’ children. Our vision is to not only make slavery obsolete but also to eliminate the use of exploitative child labour in industries throughout the world.
Other forms of slavery
Is slavery in the 21st century limited to 'forced labour'? Our focus at New Rivers is primarily around the industrial application of slavery. We often use the phrase 'slave-based industry' to describe this form of slavery. These industries provide legal goods and services but rely on slave labour. New Rivers works to disrupt these industries.
There are many other forms of slavery which exist today. Some of these forms do not involve the provision of goods and services. While others force slaves to engage in illegal activity.
The most common forms of non-labour based slavery are forced marriages and some forms of conscription by militias and state-based forces. For more information on forced marriage, we recommend the following link:
More information on slave-based conscription can be found at:
Forms of illegal slave-based activities include:
sex trafficking Human Trafficking | A21;
child pornography;
illicit drug production and distribution; and
online forced scamming: Forced scamming is exploding.
Join Our Mission:
Increasing the ability to understand and share a “common language” around slavery is critical to making slavery obsolete. New Rivers will publish more articles responding to questions and misunderstandings about slavery in the 21st century.
For more information on how you can be part of making slavery obsolete through your investment with New Rivers, follow this link to learn more and join other investors.
We are always interested in feedback and new ideas that people may have with respect to changes that can be made at the brick factories and any other businesses that New Rivers is involved in. We look forward to hearing from you - email us at info.newrivers@gmail.com.
Pictured: Manfred, Michelle (centre) and the New Rivers Team
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