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Gibraltar Follows the Child Labor Laws of the United Report of the United Kingdom of Great Britain and Northern Ireland

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Gibraltar Follows the Child Labor Laws of the United Report of the United Kingdom of Great Britain and Northern Ireland Non-Independent Countries and Territories TERRITORIES AND COUNTRIES NON-INDEPENDENT REFERENCES Laws and Regulations on the Worst Forms 1. UN Committee on the Rights of the Child. Implementation of the Convention on of Child Labor the Rights of the Child: Overseas Territories and the Isle of Man: Responses to the list of issues raised in connection with the consideration of the third and fourth periodic Gibraltar follows the child labor laws of the United report of the United Kingdom of Great Britain and Northern Ireland. Geneva; 2008. Kingdom. (1) According to the British Children and Young Report No. CRC/C/GBR/4. http://www2.ohchr.org/english/bodies/crc/docs/ Person’s Act of 1933, a child can start working part-time at AdvanceVersions/CRC.C.GBR.Q.4.Add.2.doc. 2. U.S. Embassy- London. reporting, January 16, 2009. age 14 and full-time at the end of the school year in which 3. Government of the United Kingdom. Employment of Women, Children and Young the child will be age 16. The Government of Gibraltar’s Persons Act, enacted 1920. Working Time Act prohibits children under age 16 from 4. Government of the United Kingdom of Great Britain and Northern Ireland. South Atlantic Territories: The Falkland Islands Constitution Order 2008, enacted performing activities that are dangerous to their life, health, or November 5, 2008. http://www.legislation.gov.uk/uksi/2008/2846/pdfs/ morals. (3, 4) The law does not appear to protect children ages uksi_20082846_en.pdf. 16 and 17 from hazardous work. 5. ILO Committee of Experts. Individual Direct Request concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Falkland Islands (Malvinas) The Gibraltar Constitution Order of 2006 prohibits slavery Published: 2012; accessed March 5, 2013; http://www.ilo.org/dyn/ normlex/en/f?p=1000:13100:0::NO::P13100_COMMENT_ID,P11110_ and forced and compulsory labor.(5) In November 2012, COUNTRY_ID,P11110_COUNTRY_NAME,P11110_COMMENT_ the Government enacted the Crimes Act of 2011. The Act YEAR:2700646,103639,Falkland%20Islands%20(Malvinas),2011. explicitly prohibits cross-border human trafficking for the 6. United Kingdom. Child Abduction Act, enacted 1984. http://www.legislation.gov. uk/ukpga/1984/37/pdfs/ukpga_19840037_en.pdf. purposes of sexual exploitation. (2, 6) It is unclear whether the 7. Central Intelligence Agency. The World FactBook: Falkland Islands; accessed law similarly prohibits cross-border trafficking for the purposes https://www.cia.gov/library/publications/the-world-factbook/geos/fk.html. of labor exploitation. Unlike the previous Crimes Act, which 8. Child Soldiers International. “Appendix II: Data Summary on Recruitment Ages of National Armies,” in Louder than Words: An Agenda for Action to End State has been repealed, the new Act protects both boys and girls Use of Child Soldiers. London; September 2012; http://www.child-soldiers.org/ from commercial sexual exploitation, including in the forms global_report_reader.php?id=562. of prostitution and pornography.(2, 6) No information was 9. Government of the Falkland Islands. Education, [previously online] [cited February 13, 2012]; http://www.falklands.gov.fk/Education.html [source on file]. found to suggest that laws exist prohibiting the use of children in illicit activities. Gibraltar The recruitment age for the Royal Gibraltar Regiment is 16.(7) Education is compulsory through age 15. Primary and In 2012, Gibraltar made a significant advancement in efforts secondary education is free to all residents of Gibraltar.(8, 9) to prevent the worst forms of child labor. While there is no evidence of a problem, the Government has made meaningful Institutional Mechanisms for Coordination efforts to strengthen its preventive legal framework to protect and Enforcement children from exploitative labor. The Government enacted the Since there is no evidence of a problem, there appears to be no Crimes Act of 2011, which includes child labor provisions. need for a coordinating mechanism to address the worst forms The new Act outlines prohibitions on human trafficking for of child labor. the purposes of sexual exploitation and broadens protections from commercial sexual exploitation of children to cover both Government Policies on the Worst Forms of boys and girls. The law does not appear to protect children Child Labor ages 16 and 17 from hazardous work. Since there is no evidence of a problem, there appears to be no need for policies to address the worst forms of child labor. Prevalence and Sectoral Distribution of the Worst Forms of Child Labor Social Programs to Eliminate or Prevent the There is no evidence that children in Gibraltar are engaged in Worst Forms of Child Labor the worst forms of child labor.(1, 2) Since there is no evidence of a problem, there appears to be no need for programs to address the worst forms of child labor. 2012 FINDINGS ON THE WORST FORMS OF CHILD LABOR 787 Non-Independent Countries and Territories Based on the reporting above, the following actions would advance the prevention of the worst forms of child labor in Gibraltar: Year(s) Action Area Suggested Actions Recommended Laws and Amend the law to protect all children under 18 from hazardous work. 2012 Regulations Clarify whether laws exist regarding the use of children for drug trafficking or 2011, 2012 other illicit activities. Ensure the law protects children from trafficking for any purpose, including for 2012 labor exploitation. REFERENCES Prevalence and Sectoral Distribution of the 1. U.S. Embassy- London. reporting, January 16, 2009. Worst Forms of Child Labor 2. U.S. Embassy- London. reporting, January 31, 2013. There are reports that some children in Montserrat are engaged 3. Gender, Equity, And Rural Employment Division. Children’s Work in the Livestock Sector: Herding and Beyond. Rome, Food and Agriculture Organization of the in commercial sexual exploitation in exchange for money United Nations; 2013. http://www.fao.org/documents/en/detail/307941. and material goods.(1, 2) Information about the nature and 4. Government of the United Kingdom of Great Britain and Northern Ireland,. prevalence of the problem remains limited. Children and Young Persons Act 1933, enacted April 13, 1933. http://www. legislation.gov.uk/ukpga/Geo5/23-24/12. 5. “Labor Rights and Wrongs.” Fiji Times, Suva, March 13, 2007; Features. http:// Laws and Regulations on the Worst Forms www.fijitimes.com/story.aspx?id=58705. of Child Labor 6. Government of Gibraltar. Crimes Act 2011, enacted November 23, 2012. [Source on file]. The minimum age for employment under the Montserrat 7. The Royal Gibraltar Regiment. Requirements, The Royal Gibraltar Regiment, Employment Act is 14. Children younger than age 15 are [online] [cited May 2, 2013]; http://www.royalgibraltarregiment.gi/careers_ regular_army_requirements.php. prohibited from industrial undertakings, unless the work is 8. UN Economic and Social Council. Implementation of the International Covenant not dangerous and only family members are employed in on Economic, Social and Cultural Rights: Fifth periodic reports submitted by States the same undertaking by the company.(3) Therefore, the law parties under articles 16 and 17 of the Covenant: United Kingdom of Great Britain and Northern Ireland: Overseas Territories. New York, United Nations; February does not protect children ages 15 through 17 from dangerous 14, 2008. Report No. E/C.12/GBR/5/Add.2. http://daccess-dds-ny.un.org/doc/ activities, and research found no evidence of a comprehensive UNDOC/GEN/G08/404/99/PDF/G0840499.pdf?OpenElement. list prohibiting children from hazardous work. 9. U.S. Embassy- London official. E-mail communication to USDOL official. June 6, 2012. The Montserrat Penal Code prohibits the prostitution of girls. (4) The prostitution of boys is not specifically prohibited NON-INDEPENDENT COUNTRIES AND TERRITORIES AND COUNTRIES NON-INDEPENDENT Montserrat under the law. Child pornography is illegal in Montserrat.(4) In 2012, Montserrat made no advancement in efforts The Constitution of Montserrat prohibits slavery and forced to eliminate the worst forms of child labor. While the labor.(5) Abduction and kidnapping are punishable under the Penal Code; these provisions may be used to prosecute Government continued to participate in the UK-sponsored traffickers.(4) No information was found on whether laws Safeguarding Children in the Overseas Territories (SCOT) exist regarding the use of children for drug trafficking or other Program to enhance child protection efforts, no institutional illicit activities. mechanisms to coordinate efforts have been created to combat commercial sexual exploitation. Further, the laws do not Defense of Montserrat is the responsibility of the United protect boys from prostitution, and the Employment Act does Kingdom (UK). There is no military conscription, and the not protect children ages 15 to 18 from performing dangerous minimum age for voluntary military recruitment is 16.(6, 7) work. Although limited, there is evidence that some children The Education Act of 2004 makes education compulsory to in Montserrat are involved in commercial sexual exploitation age 16. The Government provides free education from nursery in exchange for money and material goods. through secondary school.(8, 9) UNITED STATES DEPARTMENT OF LABOR’S BUREAU OF INTERNATIONAL LABOR AFFAIRS 788.
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