Child Labour

Child Labour

According to the Convention on the Rights of the Child, Article 32.1Child labour means, work done by children under the age of 18 which interferes with his/her education, harmful to their health or physical, mental, spiritual, moral or social development.

Worst form of Child Labour include prostitution, pornography, drugs-related work, child trafficking, children used in armed conflict, domestic slavery etc.

Reasons

The main reasons are family breakdown, poverty, minority group, war & natural disasters.
http://www.unicef.org.uk/publications/pdf/ECECHILD2_A4.pdf

Child Labour all over the world

61% in Asia, 32% in Africa, and 7% in Latin America, 1% in US, Canada, Europe and other wealthy nations, In Asia, 22% and in Latin America, 17% of the workforce is children.http://www.childlaborphotoproject.org/childlabor.html

UNICEF 

Works all over the world to protect children from harm like, affectted by violence, abuse, exploitation particularly to the girls so that they can attend school.  UNICEF pressurizes governments to increase expenditure on children welfare and raises funds. www.unicef.org.uk/publications/pdf/ECECHILD2_A4.pdf

 1973 Minimum Age Convention 138: Establishes the obligation for countries to work towards a minimum age of 15 for legal employment.

1999 Elimination of the Worst Forms of Child Labour Convention 182: Governments are bound to pass preventing laws by ratifying convention 182.

The UN Convention on the Rights of the Child (CRC): convention gives children’s some rights such Article 19: Children will be protected from all kind of Physical or mental violence, injury or abuse, negligence and exploitation.

Article 27: Right of adequate living for Physical, mental, moral and social development

Article 28 and 29: Right to education

Article 31: Right to play

Article 32: Right to be protected from economic exploitation and from performing hazardous work

Article 38: Prohibited from being recruited into arm forces or direct participating in hostility.

Coroners and Justice Act 2009: According to section 71, if a person holds someone in slavery or servitude or force to perform compulsory labour then the maximum punishment is 14 years imprisonment. The offence must be interpreted in accordance with Article 4 of the European Convention on Human Rights.http://www.justice.gov.uk/news/newsrelease250310c.htm

Child Labour(Prohibition and Regulation)Act 1986 (India): Children under 14 could not be employed in hazardous occupations. <http://www.indianchild.com/child_labor_india.htm>

 Labour Act 2006 (Bangladesh) sets the minimum age for work to 14 years and 18 years for hazardous work.

Conclusion

Child Labour is a curse to the society and economy. Along with the government we also have to know about our responsibilities and should take corrective measure to stop child labour so that we can get a better developed society.

Resources:

1. www.unicef.org.uk/publications/pdf/ECECHILD2_A4.pdf

2. http://www.childlaborphotoproject.org/childlabor.html

3. www.unicef.org.uk/publications/pdf/ECECHILD2_A4.pdf

4. http://www.justice.gov.uk/news/newsrelease250310c.htm

5. http://www.indianchild.com/child_labor_india.htm

First Case of Judicial Review

First Case of Judicial Review

Marbury v. Madison (1801)

Facts of the Case:
The case began on March 2, 1801, when an obscure Federalist, William Marbury, was designated as a justice of the peace in the District of Columbia. Marbury and several others were appointed to government posts created by Congress in the last days of John Adams's presidency, but these last-minute appointments were never fully finalized. The disgruntled appointees invoked an act of Congress and sued for their jobs in the Supreme Court. http://www.oyez.org/cases/1792-1850/1803/1803_0/
Decision:
First decision by the Supreme Court to declare a law unconstitutional (1803).

• At the very end of his term, President John Adams had made many federal appointments, including William Marbury as justice of the peace in the District of Columbia.
• Thomas Jefferson, the new president, refused to recognize the appointment of Marbury.
• The normal practice of making such appointments was to deliver a "commission," or notice, of appointment. This was normally done by the Secretary of State. Jefferson's Secretary of State at the time was James Madison.
• At the direction of Jefferson, Madison refused to deliver Marbury's commission. Marbury sued Madison, and the Supreme Court took the case.
• Chief Justice John Marshall wrote that the Judiciary Act of 1789, which spelled out the practice of delivering such commissions for judges and justices of the peace, was unconstitutional because it the gave the Supreme Court authority that was denied it by Article III of the Constitution. Thus, the Supreme Court said, the Judiciary Act of 1789 was illegal and not to be followed.
This was the first time the Supreme Court struck down a law because it was unconstitutional. It was the beginning of the practice of "judicial review."
http://www.socialstudiesforkids.com/wwww/us/marburydef.htm

Source:

http://www.oyez.org/cases/1792-1850/1803/1803_0/

http://www.socialstudiesforkids.com/wwww/us/marburydef.htm

FOB CONTRACT

    FOB literally means Free on Board. "FOB port" means, seller pays for transportation of the goods to the port of shipment, plus loading costs. The buyer pays cost of marine freight transport, insurance, unloading, and transportation from the arrival port to the final destination.

      Devalin J in the case of El Amria and El Minia approved three types of FOB contracts. Simple FOB is a contract of carriage arranged either by the buyer himself or via agents. The next one is Classic FOB where the buyer has to nominate the vessel of shipment and take out insurance if necessary. Lastly , FOB with Additional Services, where the seller makes the arrangement for carriage and sometimes for insurance in his name, but he does this for the buyer.

Buyer’s Duties:

a)       Nominate a sustainable vessel for the goods and voyage and also bear all risk and cost from the time of delivery of goods on board ship.

b)       Have to make payment for the goods.

Seller’s Duties:

a)       Package and supply goods appropriately.

b)       Pay all the cost up to delivery and loading of the goods and has to provide the proof of delivery and other information to the buyer to ensure goods.

Buyer’s Advantages:

a)       Determines the speed and cost of the cargo’s transport.

b)       Does not need to examine the goods on delivery on board in order to reserve his right to rejection (SOGA (1979) ss34 & 35)

c)       If there is allowance agreement between the parties and any defect cause outside this the buyer can reject the goods or documents.

Buyer‘s Disadvantage:

a)       Buyer need to nominate the ship or vessel for loading and failure to do so may repudiate the simple FOB contract.

b)       In case of any substitution of vessel for loading, buyer has to bear all additional expenses.

Seller’s Advantages:

a)       Only responsible for the stage of loading operation until the goods pass the ship rail.

b)       The risk and property generally passed on shipment.

c)       Spent low transport cost and limited liability for cargo under this term.

Seller’s Disadvantages:

a)       If buyer takes out insurance for the cargo the seller is not privy to the contract.

b)       If goods are lost or damaged in transit the buyer may reject the goods validity and the seller will bear the loss.

c)       If the seller had also taken out insurance under the extended fob, rights to claim for the insurance will transfer to buyer (MIA 1906, s50)

To conclude it may say that under a FOB contract the buyer bears the risk of fluctuations in freight rates and insurance premiums. In FOB contracts it needs to use the Sale of Goods Act. However under this contract both parties the buyer and the seller have some duties and also advantages and disadvantages. So in making a contract sometimes it is helpful for the buyer and sometime for the seller.

Fair Trade

The concept of fair trade began in the 1940’s with some shops and church groups in the US and Europe selling products made by Chinese refugees or poor Puerto Rican communities. Such initiatives were called Alternative Trade Organisations. It began with crafts, and included food (sugar initially) in the 1960’s. In 1980 there was more organisational approach to fair trade.  

Understanding of  the underlying principles of  Fair Trade is crucial,has adoption of  processes in isolation from those principles, risks losing an important element of the overall philosophy that has been developed through experience and dialogue  by  Fair  Trade  Organizations  over  many  years. In Fair Trade, it  is  unquestionable  that  effectiveness  is  enhanced  not  just  through  what  an organisation does, but also why and how they do it.  FLO also says it has trademarked the term "fair trade" in about 44 countries and has contacted several companies that were using the term on noncertified goods to "try to reason with them," says Managing Director Luuk Laurens Zonneveld. "Until now it's worked fairly well."  

Oxfam believes that change is possible. The international trading system is not a force of nature. It is a system of exchange, managed by rules and institutions that reflect political choices. Ultimately, there is a clear choice to be made. We can choose to allow unfair trade rules to continue causing poverty and distress, and face the consequences, or can change them. We can allow globalisation to continue working for the few, rather than the many, or we can forge a new model of inclusive globalisation, based on shared values and principles of social justice. The choice is ours. And the time to choose is now.

Finally ,it may say  that literally fair trade is very much fair but in practically it is not fair. So  the organization who are working on this point need to work hard for the development.