Protection of Rights and Freedoms of Minors in Employment: International Law and Experience of Ukraine
Keywords:human rights, labor rights, employment of minors, child’s rights, legal standards
The issue of protecting the rights of minors is undoubtedly relevant. There is a tendency in society when the employment of minors in the labor market is growing. The purpose of the article is to analyze the theory and practice of legal regulation of labor of minors under Ukrainian and international law and to find the optimal solution to the problematic issues that exist in this area. The article deals with the legal features of the work of minors at the national and international levels. Universal international legal acts enshrine the fundamentals of protection of the rights of minors from forced labor and oblige states to set a minimum age for employment and prohibit minors from holding certain positions. National legislation extends the norms on the work of minors in accordance with their labor market, clarifies and expands the rights of minors and the employment procedure. Despite the fact that the rights of child workers are clearly regulated, the state should eliminate certain shortcomings to ensure the rights and freedoms of this group of workers. The authors conclude that the term "light work" needs to be clarified, and a detailed classification of child workers depending on their age and state benefits is necessary. It is necessary to take educational measures to inform minors about their rights in the field of employment, and to develop a simplified mechanism for the protection of their rights. Scientific work can contribute to consolidate Ukraine's international relations with that of other countries in terms of developing bilateral relations to protect the rights of underage workers.
ANG, N. (2009). Teenage employment emancipation and the law. Journal of Labor and Employment Law, 9, 389–419.
BALCH, O. (2021). Mars, Nestlé and Hershey to face child slavery lawsuit in US. The Guardian. Retrieved from https://www.theguardian.com/global-development/2021/feb/12/mars-nestle-and-hershey-to-face-landmark-child-slavery-lawsuit-in-us
BUYANOVA, A. V. (2005). Peculiarities of legal regulation of labor of underage workers: thesis of candidate of legal sciences. Moscow: Moscow State Industry University, 34 p.
CHIGLINTSEVA, A., & SAIFUTDINOVA, V. (2021). Features of employment of minors. E Scio. Right, 111–118.
Community Charter of the Fundamental Social Rights of Workers. (1989). Retrieved from: https://www.eurofound.europa.eu/observatories/eurwork/industrial-relations-dictionary/community-charter-of-the-fundamental-social-rights-of-workers#:~:text=The%20Community%20Charter%20of%20the,European%20social%20model%20in%20the
Convention International Labour Organization No. 112 “On the Minimum Age for Employment of Fishers”. 1959. Retrieved from: https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C112
Convention International Labour Organization No. 123 “Concerning the Minimum Age for Admission to Employment Underground in Mines” (1965). Retrieved from: https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C123#:~:text=The%20minimum%20age%20shall%20in%20no%20case%20be%20less%20than%2016%20years.
Convention International Labour Organization No. 138 “On the Minimum Age for Employment”. 1973. Retrieved from: https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C138#:~:text=The%20minimum%20age%20for%20admission%20to%20any%20type%20of%20employment,2.
Convention International Labour Organization No. 77 “On the Medical Examination of Children and Young Person in Order to Determine Their Suitability for Work in Industry”. 1948 Retrieved from: https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:2267721
Convention International Labour Organization No. 90 “On Night Work of Young Person in Industry”. 1948 Retrieved from: https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C090
Convention on the Rights of the Child text. (1989). Retrieved from: https://www.ohchr.org/en/professionalinterest/pages/crc.aspx
Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed- duration employment relationship or a temporary employment relationship. (1991). Retrieved from: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A31991L0383
DAHLÉN, M. (2008). The ILO and child labour. International Labour Organisation. Retrieved from: http://uu.diva-portal.org/smash/get/diva2:321714/FULLTEXT01.pdf.
ERIASHVILI, N. D., SARBAEV, G. M., & KUKHAREV, A. V. (2021). International legal regulation of labour of underage workers. Education and Law, 8, 316–320.
EUROPEAN SOCIAL CHARTER (REVISED). (1996). Retrieved from: https://rm.coe.int/168007cf93.
GEIKHMAN, V., & DMITRIEVA, I. (2011). Labor law. Workshop. Moscow: Yurait Publishing House, 285 p.
INSHYN, M. I. (2009). Features of legal regulation of youth employment. Law Forum, 1, 231–235.
International Covenant on Economic, Social and Cultural Rights. 1966. Retrieved from: https://www.ohchr.org/en/professionalinterest/pages/cescr.aspx.
IRIOGLU, S. D. (2018). Features of legal regulation of juvenile labor under the legislation of Ukraine. Scientific Journal "ЮГОΣ. The art of scientific mind”, 1, 130–132.
KARPENKO, R., IVANOVA, M., & KALYUZHNA, A. (2020). Features of legal regulation of minors. Law and Society, 6, 39–45. https://doi.org/10.32842/2078-3736/2020.6.1.7
KISEL, A. (2019). Legal regulation of labour protection of minors. Entrepreneurship, Economy and Law, 10, 73–78. https://doi.org/10.32849/2663-5313/2019.10.12
Labor Code of Ukraine. (1971) Retrieved from: https://zakon.rada.gov.ua/laws/show/322-08#Text.
Law of Ukraine No. 2402-III “On Child Protection”. (2001). Retrieved from: https://zakon.rada.gov.ua/laws/show/2402-14#top.
Law of Ukraine No. 2694-XII "On labor protection". (1992). Retrieved from: https://zakon.rada.gov.ua/laws/show/2694-12#top.
MEDINSKAYA, L. V. (2016). Legal regulation of juvenile labor under the legislation of Ukraine. Legal Scientific Electronic Journal, 3, 80–82.
MOROZOV, P. E. (2011). The modern role of the international labour organization in the context of globalization. Problems of Legislation, 5, 115–119.
Order of the Ministry of Health of Ukraine No. 46 On approval of the List of heavy work and work in harmful and hazardous working conditions, where the use of labor of minors is prohibited. (1994). Retrieved from: https://zakon.rada.gov.ua/laws/show/z0176-94#Text.
PUSTOVA N., & AKIMOV O. (2021). Child labor and public administration policy against its use. Investments: practice and experience, 20, 81–86. https://doi.org/10.32702/2306-6814.2021.20.81
Resolution of the Cabinet of Ministers of Ukraine No. 537 “On Approval of the Procedure for Monitoring and Assessing the Degree of Accessibility of Physical Environment and Services for Persons with Disabilities”. (2021). Retrieved from: https://zakon.rada.gov.ua/laws/show/537-2021-%D0%BF#Text.
REUS, O. S. (2003). Legal regulation of labor activity of minors in Ukraine: thesis of candidate of legal science. Kharkiv: National University of Internal Affairs.
SAIFUTDINOVA, V. M. (2020). Social security and economic security of the individual. Bulletin of the Institute of Bashkir State University, 4(8), 51–55. https://doi.org/10.33184/vest-law-bsu-2020.8.7
SOLOPOV, O. V. (2020). The legal status of minors in the system of regulation of labor relations in modern Russia. Law and Politics, 4, 70–88. https://doi.org/10.7256/2454-0706.2020.4.31069
TELICHKO, O. A. (2016). Adaptation of the legislation of Ukraine to the legislation of the European Union in the field of youth labor protection. Law and Society, 1, 59–64.
TSIPISHCHUK, K. V., KONOPELTSEVA, O. O. (2020). On some features of the regulation of juvenile labor in Ukraine. Legal Scientific Electronic Journal, 2, 184–186. https://doi.org/10.32782/2524-0374/2020-2/48
Universal Declaration of Human Rights. 1948 Retrieved from: https://www.un.org/en/about-us/universal-declaration-of-human-rights.
How to Cite
Copyright (c) 2023 Olena Pavlichenko, Yuliya Ostapenko, Dmytro Kryvenko, Halyna Fomina, Olha Lets
This work is licensed under a Creative Commons Attribution 4.0 International License.