Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

MIGRATION AND INTERNATIONAL HUMAN RIGHTS LAW | 271of trafficking in persons to remain in its territory, temporarilyor permanently, in appropriate cases”. 11323. Child LabourThe effective abolition of child labour is an obligation binding on all ILOMembers. 1133 ILO standards establish that a child may not be employedin work activities before the age of completion of compulsory studiesand, in any case, not before the age of 15. 1134 This general principlemay be subject to limited exceptions in national law, for example inrelation to artistic performances. 1135 Article 7 of the European SocialCharter (revised) also prohibits work under the age of 15 but providesan exception for performing “prescribed light work”, which must be verylight in nature and duration. 1136 Article 10 of the ICESCR requires thatStates set a minimum age of employment, and the CESCR has foundthat States “must take effective measures, in particular legislative measures,to prohibit labour of children under the age of 16”. 11371132 Article 7.1, UN Trafficking Protocol. This position is reiterated by the CEDAW in ConcludingObservations on Spain, CEDAW, 2004, op. cit., fn. 244, para. 337; Concluding Observationson Pakistan, CEDAW, op. cit., fn. 245, para. 30 (victims of trafficking should be shielded fromprosecutions on illegal migration); Concluding Observations on Singapore, CEDAW, op. cit.,fn. 244, paras. 21–22; Concluding Observations on Lebanon, CEDAW, op. cit., fn. 244,paras. 28–29; Concluding Observations on Denmark, CEDAW, op. cit., fn. 245, paras. 32–33.See Principles 3 and 7, OHCHR Trafficking Principles, op. cit., fn. 244: “3. Anti-traffickingmeasures shall not adversely affect the human rights and dignity of persons, in particularthe rights of those who have been trafficked, and of migrants, internally displaced persons,refugees and asylum-seekers”; “7. Trafficked persons shall not be detained, charged orprosecuted for the illegality of their entry into or residence in countries of transit and destination,or for their involvement in unlawful activities to the extent that such involvement isa direct consequence of their situation as trafficked persons.”1133 Article 2(c), ILO 1998 Declaration.1134 Article 2.3, Minimum Age Convention (C138), ILO, adopted on 26 June 1973 (ratified 155).Previous ILO Conventions have regulated specific sectors, or set the bar lower at 14 years ofage: Minimum Age (Industry) Convention (C5), 1919 (ratified 4, denounced 68), Article 2;Minimum Age (Industry) Convention (Revised) (C59), 1937 (ratified 11; denounced 25),Article 2; Minimum Age (Sea) Convention (C7), 1920 (ratified 4, denounced 49), Article 2;Mi ni mum Age (Sea) Convention (Revised) (C58), 1936 (ratified 17; denounced 34), Article 2;Minimum Age (Fishermen) Convention (C112), 1959 (ratified 8 denounced 21), Article 2;Minimum Age (Underground Work) Convention (C123), 1965 (ratified 22 denounced 19),Article 2; Minimum Age (Agriculture) Convention (C10), 1921 (ratified 5, denounced 50),Article 1; Minimum Age (Non-Industrial Employment) Convention (C33), 1932 (ratified 3,denounced 22), Articles 2, 3, 4. States must provide for minimum age of employment alsounder Article 32.2(a) CRC; Article 10 ICESCR; Article 7.1–2–3 ESC(r) (15 years; 18 years fordangerous and unhealthy occupation: prohibition during compulsory education); Article 34.3ArCHR; Article 13(g), Protocol to the ACHPR on the Rights of Women in Africa.1135 Articles 4 and 8, Minimum Age Convention (C138), ILO.1136 Article 7.1 ESC(r). It also provides for minimum age of employment of 18 for dangerous andunhealthy occupations (Article 7.2). See, definition of “light work”, in International Commissionof Jurists (ICJ) v. Portugal, ECSR, Complaint No. 1/1998, 10 March 1999, Merits, paras.28-31. Same principles, de minimis, in Article 7(f) Protocol of San Salvador; Article 15 ACRWC.1137 Article 10.3 ICESCR; CESCR, General Comment No. 18, op. cit., fn. 1109, para. 24.