Untitled - Terre des Hommes

children’s shelters 186 to effectively support exploited children. Re-victimization in cases of abuse and
exploitation is common and occurs due to a lack of sufficient protection measures within the juvenile
justice system and a lack of trained personnel at health-care facilities and shelters. 187 The socioinstitutional
consequences of the twenty-years-long conflict in Peru can be seen as a broader reason
for the insufficient implementation of existing laws. This is still a post-conflict country and even
though the situation is improving macro-economically, there is little concern or political will for
tackling social issues such as education, health care, employment opportunities and poverty
reduction. 188
The global economic crisis has had negative effects in Peru. The already existing inequality of wealth
distribution has continued to grow 189 and the poor and middle classes find it progressively harder to
earn a living. According to some sources, the amount of children that work out of necessity, in order
to support themselves or their families, has increased. Children are beginning to enter work at ever
younger ages and work longer hours to compensate for their low earnings. 190
2. Law and policy
The minimum age in non-industrial agriculture is 15, in the industrial, commercial and mining sector
it is 16, and in the industrial fishing sector it is 17 years. The minimum age for normal work in Peru is
14, while light work is permitted under restrictions and only with permission from the government.
The government authority will check that the work is not hazardous and not limiting to school
attendance and children between 12 and 14 may not work more than 4 hours per day or 24 hours per
week; children between 15 and 17 may not work more than 6 hours per day or more than 36 hours
per week. Children in non-paid work and in (paid or unpaid) child domestic work are allowed a daily
resting period of at least 12 hours and they must have access to education. 191 Heavy work that
includes physical hardships, toxic substances and unsafe situations is prohibited for children under
18 (US Department of Labour 2006). A list of hazardous work, including sex work and activities
linked to domestic work has been compiled (Decree of Ministry of Women and Development,
number 007-2006-Mindes) but is no longer valid.
National Plan for the Prevention and Eradication of Child Labour was created in 2005 to prevent and
eradicate child labour under the age of 14, and to protect the rights of workers between the ages of 14
and 18. This plan aims to provide inter-sectoral actions for children and adolescents: improve the
living conditions of families most likely to have children working, increase surveillance of economic
activities and areas of the country where child labour is common, improve reporting mechanisms
increase sanctions on those exploiting labour by children. This national plan considers child domestic
work to be ‘hazardous’ (ILO 2007).
Code of Children and Adolescents which recognizes the child’s right to work when this does not
involve exploitation, risk or danger, does not impede his or her educational process, and does not
interfere with the child’s physical, mental, spiritual, moral or social health. It grants jurisdiction to
local governments to authorize, register and supervise work carried out by children between 12 and
18 years old (ILO 2002). It sets the maximum hours of work for children between 12 and 14 years old
186
Dra. Mayda Ramos Ballon (Defensoría de la Niñez y Adolescencia), IINCAP Staff
187
Roxana Davila (Ministry of Women and Social Development)
188
Ellen Roof (Dutch Embassy Peru)
189
Ana Maria Marquez (Save the Children), Alejandro Cussianovich Villaran (MANTHOC-IFEJANT)
190
Alejandro Cussianovich Villaran (MANTHOC-IFEJANT)
191
Roxana Davila (Ministry of Women and Social Development)
69