Legal Protection to Reduce Child Labor in Algerian Legislation

Global attention to children's rights began with the drafting of the Universal Declaration of the Rights of the Child in 1957. The declaration emphasized the need to protect children from neglect, cruelty, and exploitation, prohibiting their trafficking and ensuring they are not employed before reaching an appropriate age. It also mandated that children should not engage in work that could harm their health, hinder their education, or impede their development. The 1989 Convention on the Rights of the Child further stressed the importance of protecting children from economic exploitation and any work that poses risks or obstructs their education, health, or growth.

Asian countries have the highest number of child laborers, with approximately 122 million working children, followed by Africa. On the occasion of the World Day against Child Labor, observed annually on June 12, governments, employers, labor organizations, and civil society highlight the necessary actions and efforts to eliminate child labor. In October 2010, an expert session was held in Alexandria, Egypt, attended by specialists in child protection from law faculties and legal institutions across Arab countries, as well as representatives of the Arab League. Algeria participated in this session, which was followed by similar gatherings across various continents. These efforts culminated in the presentation of the Model Law for Child Protection to the Committee on the Rights of the Child in January 2013. This reflects the Arab world's commitment— derived from global initiatives—to ensuring the protection and care of children as vulnerable members of society, particularly against labor exploitation.

Children engage in various types of work under different conditions. Some forms of labor may positively contribute to their physical and moral development without interfering with their education, rest, or recreation. However, other types of work may be harmful to their growth and constitute exploitation. There are also universally condemned forms of child labor, particularly those involving unethical activities.

The Algerian child has received significant legislative attention, as national authorities strive to uphold laws protecting children from all forms of exploitation, particularly in employment. These efforts ensure that children's legal rights are fully safeguarded. Given that children constitute a substantial segment of Algeria’s population, the state must provide special care for this group, which forms the foundation of a balanced society free from social deviations and disorders. Achieving this goal requires a fair and sound social upbringing that enables children to live in acceptable conditions, guiding their energies toward constructive social objectives that contribute to their intellectual and physical development.

This raises the following question: To what extent has the Algerian legislator succeeded in implementing legal provisions capable of combating child labor?

First:The Concept of Child Labor

Although child labor is widely condemned both internationally and within individual societies, it remains a prevalent issue regulated by law. Various international treaties and agreements exist to protect children's rights, and Algeria is among the nations that have ratified them. While some laws permit child employment, they also provide safeguards, such as health and psychological protections, to prevent negative educational and health consequences.

Nevertheless, the widespread prevalence of child labor in the Arab world, particularly in Algeria, has become a growing concern. According to statistics from the Arab Labor Organization, child labor in the Arab world involves between 13 and 15 million children aged 5 to 17. These children are engaged in an informal labor market lacking adequate legislative and social protections, with varying levels of prevalence across different Arab countries.

• 1.    Definition of Child Labor

Child labor is exploitative work that harms the child physically, psychologically, or socially, whereas child employment or work is positive work for the child that benefits them, such as acquiring a craft or generating income. This distinction between the terms is recognized by some educators and sociologists.

According to the Convention on the Rights of the Child of 1989, in its first article, a child is defined as: "A child means every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier."

According to Article 40 of the Algerian Civil Code, the age of civil majority is set at 19 years.

Child labor is any physical effort exerted by a child that affects their physical, psychological, or mental health and interferes with their basic education. This is stipulated in the International Labour Organization (ILO) Convention No. 138 of 1973 on the minimum age for employment. There are different types of child labor, including paid and unpaid work, family or agricultural work, and forced labor, all of which negatively impact a child's development. The ILO differentiates between two types of work:

• •    Economically active children and child laborers.

According to UNICEF, child labor is considered exploitative if it includes:

• •    Full working days for children at a very young age and for long hours.

• •    Exhausting work that causes unnecessary physical, social, or psychological stress.

• •    Working or living on the streets under harsh conditions.

• •    Inadequate wages.

• •    Responsibilities exceeding the natural limits for a child.

• •    Work that prevents access to education.

• •    Jobs that degrade children’s dignity and self-respect, such as slavery and servitude.

• •    Work that hinders their full social and psychological development.

UNICEF categorizes child labor exploitation into various types: domestic service, forced labor, industrial and agricultural work, street work, craftsmanship, and many other uncountable jobs.

Based on the aforementioned points, it is evident that children are exploited in seasonal agricultural labor with their families, in urban trade, in unregulated and undeclared jobs, and even in domestic work that takes place in secrecy. This is especially common among girls, primarily in low-income, developing, or impoverished countries. As a result, children are often pushed into labor, which, in many cases, directly threatens their rights, deprives them of a normal childhood, and burdens them with responsibilities unsuitable for their age.

Most legal scholars agree on the difficulty of precisely defining the phenomenon of child economic exploitation, and there is no universally accepted definition of child labor. However, according to the Egyptian National Council for Childhood and Motherhood, child labor is defined as work that leads to the exploitation of the child, exposes them to working conditions that disregard their educational, health, economic, social, and recreational rights, and deprives them of developing their abilities. It is work that harms their growth, moral behavior, and social well-being.

• 2-    International Programs Addressing Child Labor

The International Labour Organization (ILO), in collaboration with governments, employers, and workers, is fighting child labor by establishing the Global Program for the Elimination of Child Labor to address this issue. The ILO emphasizes that these programs should be based on clear policies and objectives. Similarly, UNICEF supports numerous programs to combat child labor worldwide and promotes the Convention on the Rights of the Child.

Other organizations working to combat child labor include:

• •    The Global March against Child Labor , which organizes marches worldwide involving working children themselves.

• •    Save the Children , which promotes children's rights, conducts training programs, and advocates for boycotting child-made products.

• •    The World Bank , which combats child labor by forming partnerships with relevant organizations and providing financial and technical support.

• •    The Global Child Rights Network , which serves as a communication hub for different stakeholders to exchange expertise and promote awareness of child labor's harm and possible solutions through the internet.

Additionally, international treaties and conventions, such as the United Nations Convention on the Rights of the Child (adopted by the General Assembly in 1991), play a crucial role. The European Union consistently calls for immediate and effective measures to eliminate child labor, end all forms of forced labor, abolish slavery in all its forms, combat human trafficking, and ensure the prohibition and eradication of all forms of child labor by 2025.

• 3-    Arab Programs Addressing Child Labor

  Both the Arab Charter on the Rights of the Child (1983) and the Arab Plan for Childhood (1992) emphasized fundamental requirements and rights aimed at protecting and developing Arab children and shielding them from labor.

Article 52 of the Arab Agreement on Labor Standards No. 1 (1996) outlines the conditions for employing children. Similarly, Article 12 of the Arab Charter on the Rights of the Child ensures and guarantees the child's right to state care and protection from exploitation and both physical and spiritual neglect, even when such neglect originates from the child's own family.

To this end, various Arab programs have been established to combat child labor, including:

Arab Organizations Addressing Child Labor

• •    Arab Labour Organization : Develops agreements regulating child labor to protect children from work and ensure safe working environments.

• •    Arab Labour Office : Has established legal frameworks concerning Arab labor legislation related to child labor and has conducted numerous theoretical and analytical studies on child labor in the Arab world.

• •    Arab Council for Childhood and Development : In 1993, it launched an action plan to combat child labor by addressing the root causes, providing alternative opportunities to improve children's conditions.

This council has also collaborated with the "International Training Center" in Turin and the International Labour Organization (ILO) to develop a comprehensive program. This initiative includes an information dossier on child labor, as well as a detailed training project for entities working to combat child labor. The goal is to equip these organizations with essential data and resources for analyzing the issue and implementing intervention programs.

A report by the Arab Council for Childhood and Development highlights that many children are forced into new forms of labor related to armed conflicts, such as carrying weapons, smuggling goods across borders or between combat zones, and collecting oil waste. These children are increasingly drawn into the worst forms of child labor, facing exploitation, abuse, mistreatment, and severe violations of their rights.

Second: The Right of the Child to Protection from Labor Under Algerian Law

Child labor violates children's legitimate rights, as early employment can pose serious risks to their psychological, mental, and physical well-being. It can lead to health problems such as delayed growth and physical deformities and deprive them of education, which is a fundamental right for every child.

Due to the negative consequences of early labor on child development, lawmakers have intervened to establish legal protections specifically for children. Many children are forced into hazardous jobs at a time when they should be receiving care and protection. In many cases, children work to support themselves or their families.

• 1-    Legal Regulations on Child Labor in Algeria

Article 71 of the Algerian Constitution states that the rights of the child are protected by both the state and the family, considering the child's best interests. The law criminalizes all forms of violence against children, including exploitation and neglect.

Referring to Law No. 90-11 of April 21, 1990 , which governs labor relations, we find specific provisions related to child employment:

A- Legal Conditions Before Employing Children in Algeria

• •    Minimum Age for Employment : According to Article 15 (Clause 1) of Law No. 90-11 , the minimum employment age is 16. However, exceptions are made for apprenticeship contracts in accordance with applicable laws and regulations. This means that students who complete basic education may transition into vocational training centers. In this case, apprenticeships may be granted to those under 16.

• •    Parental Consent Requirement : Article 15 (Clause 2) of Law No. 90-11 stipulates that minors cannot be employed without the consent of their legal guardian. This means that even if a minor reaches the legal working age of 16, they still require written permission from their parents or legal guardian to be employed.

• •    Penalties for Employing Underage Workers : Article 140 of Law No. 90-11 states that employing a minor below the legal age results in a fine ranging from 10,000 to 20,000 Algerian dinars , except in the case of a valid apprenticeship contract. Repeat offenses can lead to imprisonment from 15 days to two months , along with a possible doubling of the fine .

• •    Protection from Hazardous Work : Article 15 (Clause 3) of Law No. 90-11 prohibits employing minors in dangerous jobs or workplaces lacking proper hygiene and safety measures. It also bans work that could harm their health or morals. Before hiring minors, a medical examination is required, as emphasized by the International Labour Organization.

Furthermore, the International Labour Organization (ILO) Convention No. 182 , adopted on June 17, 1999 , and ratified by Algeria on November 28, 2000 , under Presidential Decree No. 2000/387 , prohibits the worst forms of child labor and recommends their elimination.

• B - Legal Conditions During Child Employment in Algeria

International and national laws, including Algerian labor law, regulate the conditions under which children can work. Law No. 90-11 outlines specific requirements for child employment, including:

• •    Work Hours : Although Law No. 90-11 does not specify distinct work hours for child labor, the standard working hours for adult employees apply— 40 hours per week , distributed over at

  least five days . According to Ordinance No. 97-03 of January 11, 1997 , which amended Articles 22 to 26 of Law No. 90-11 , the legal work duration remains unchanged.

• •    Night Work Ban : Article 27 of Law No. 90-11 defines night work as any employment performed between 9:00 PM and 5:00 AM , which is strictly prohibited for minors.

This period should not be used for child labor for both genders due to its health and moral hazards.

This is affirmed by Article 28 of the Labor Law , which prohibits employing workers under 19 years old in any night work .

However, Article 29 of Law No. 90-11 on labor relations allows the regional labor inspector to grant special permits if justified by the nature of the activity or the specific characteristics of the job position .

In Algerian Labor Law No. 90-11 , there are few legal provisions explicitly prohibiting children from engaging in hazardous work . However, Clause 3 of Article 15 mentions the prohibition of employing minors in hazardous jobs but does not specify what these hazardous jobs are.

The Algerian legislator , in Article 26 of Executive Decree No. 91-05 of January 19, 1991 , concerning general protection rules for hygiene and safety in workplaces, addressed this issue.

This decree prohibits carrying heavy objects exceeding 25 kg , stating:

"If workers need to transport heavy or obstructive items from one place to another without mechanical assistance, the load carried by each male worker must not exceed 50 kg for short distances. However, for female workers and minor workers, the maximum allowable load is 25 kg."

The Algerian legislator has entrusted labor inspection authorities with monitoring employers to prevent the employment of minors in jobs that are hazardous to their health or morals. However, the determination of hazardous work is left to the discretion of labor inspectors .

Defining Rest Periods for Child Workers

The legislator mandates a weekly rest period of 32 or 34 hours at minimum .

Additionally, weekly rest cannot be postponed to another day except in cases permitted by law. Article 37 of Labor Law No. 90-11 states that weekly rest can be postponed or observed on another day if economic necessities or production organization require it .

Workers are also entitled to rest on holidays and official vacations . According to Article 39 of Law No. 90-11 , a worker’s waiver of their right to rest or vacation is invalid and has no legal effect .

Wages for Child Workers

According to Articles 80, 84, 86, and 88 of Law No. 90-11 , both adult and minor workers are entitled to financial compensation for their work. This includes:

• •    Basic salary determined by the worker’s professional classification within the employing institution .

• •    Seniority allowances or compensation for overtime work under special working conditions.

• •    Additional compensation for shift work, mandatory work, and night work .

• •    Regional allowances and performance-based bonuses .

• 2. Legal Mechanisms for Regulating Child Labor in Algeria

The Algerian legislator has enacted deterrent legal provisions in the form of criminal penalties to reduce violations by employers or child workers .

Specific government agencies are designated to carry out preventive oversight procedures regarding child labor. These agencies monitor child employment within workplaces and detect potential violations that may harm child workers .

Additionally, before initiating legal action, reconciliation procedures must be completed. If reconciliation fails, the case is referred to judicial authorities for resolution.

A- The Role of the Labor Inspectorate in Monitoring and Regulating Child Labor

The Labor Inspectorate serves as an early warning system in cases where worker safety and security are at risk .

• •    It has the right to conduct periodic inspections of workplaces within employing institutions.

• •    It may also conduct night visits if the institution employs night workers.

These inspections ensure compliance with labor laws and regulations , including those concerning child workers , as stated in Article 2 of Law No. 90-03 of February 6, 1990, concerning the Labor Inspectorate .

If the inspectorate detects violations related to child labor , the employer is given a maximum of 8 days to comply . If they fail to do so, an official violation report is submitted to the competent judicial authority , which may issue a legally enforceable judgment .

The Labor Inspectorate has several responsibilities, including:

• •    Medical oversight: Employers are required to ensure health and safety measures for workers , including access to occupational health services .

• •    Ensuring compliance with safety regulations: According to Law No. 88-07 of January 26, 1988 , concerning occupational safety, health, and labor medicine, the occupational physician acts as a consultant to employers.

The occupational physician's responsibilities include:

• •    Improving working conditions and hygiene in workplaces .

• •    Ensuring safety in canteens and worker accommodation facilities .

• •    Protecting all workers, including minors, from hazardous substances and occupational accidents .

• B- The Role of the National Authority for the Protection and Promotion of Childhood

  According to Article 11 of Law No. 15-12 of July 15, 2015 , on child protection , a National Authority for the Protection and Promotion of Childhood was established under the Prime Minister’s Office .

• •    This authority is headed by a National Commissioner for Child Protection .

• •    It has legal personality and financial independence .

• •    The state provides all necessary human and material resources for its operations.

According to Article 12 of Law No. 15-12 , the National Commissioner for Child Protection is appointed by presidential decree from among national figures with expertise and a demonstrated commitment to child welfare .

The National Commissioner’s primary responsibilities (Article 13) include:

• •    Promoting research and education on child rights , focusing on the causes of child exploitation and ways to protect them .

• •    Providing opinions on national legislation related to child rights.

• •    Developing a national information system on the status of children in Algeria.

Based on Articles 14 to 20 of the same law, the Commissioner is also responsible for:

• •    Visiting child protection institutions and recommending improvements.

• •    Receiving and addressing complaints regarding violations of child rights.

• •    Referring serious complaints to competent authorities for investigation and action .

• •    Reporting potential criminal offenses to the Minister of Justice , who will notify the Public Prosecutor to initiate legal action .

• •    Contributing to national and international reports on child rights.

• •    Submitting an annual report on child rights to the President of the Republic , which must be published within three months .

Additionally, all relevant authorities are required to assist the National Commissioner in their duties.

According to Articles 17 and 18 of Law No. 15-12 :

• •    Public institutions and individuals responsible for child welfare must cooperate with the National Commissioner and provide requested information while ensuring confidentiality.

• •    Professional secrecy cannot be invoked to withhold information from the Commissioner.

• •    Individuals or organizations that report child rights violations in good faith are exempt from any legal liability , even if investigations yield no results.

Gaps in the Law

The National Authority for the Protection and Promotion of Childhood is not explicitly granted the power to monitor workplaces employing child workers or investigate labor-related violations affecting children .

This highlights the need for new legislation to define the authority’s role in addressing child labor , aligning its responsibilities with those of the General Labor Inspectorate .

Conclusions:

• •    The concept of economically active children is broad and encompasses the notion of child labor, which includes the worst forms of child labor.

• •    Childhood is a stage of human growth that deserves care and attention in terms of education and upbringing, rather than being a period of hardship and toil. Hence, laws and regulations have been established to address this issue both internationally and nationally.

• •    The eradication of child labor cannot be achieved without improving families' living standards through real economic development and child-specific programs that ensure psychological, cognitive, and emotional growth.

• •    Legal efforts have mainly focused on unacceptable forms of labor, such as hazardous work, child prostitution, and forced labor contracts, rather than addressing child labor as a whole.

• •    Despite the ratification of conventions and treaties on children's rights, workers' rights, and the rights of working children by many countries, including Algeria, these agreements have not been effectively implemented at the national level. No legal mechanisms have been put in place to ensure the enforcement of international legal provisions.

• •    International legislation does not prohibit child labor outright but rather regulates the conditions under which children work. Countries are required to establish a minimum age for employment, but legal loopholes have allowed employers to circumvent these laws, particularly regarding legal working hours, daily wages, and other aspects.

• •    Algerian legislation has not specifically regulated child labor for those under the age of 16 but has instead focused on those above this age.

Recommendations:

• •    A general and internationally unified definition of child labor should be established, along with mechanisms to protect children from labor and economic exploitation through precise legal provisions, particularly for children under 16.

• •    The fundamental roles that civil society organizations can play in the development process must be understood to formulate appropriate programs that reduce child labor, particularly organizations representing employers.

• •    A law should be enacted to criminalize child labor and penalize workplaces that employ underage children.

• •    Generally, by fulfilling its responsibility to eliminate poverty and improve the income of disadvantaged families, the state can gradually reduce child labor. Additionally, specific plans should be put in place to protect and care for children through school-based and extracurricular programs, particularly during holidays.

• •    The role of the Ministry of Solidarity and Family Affairs, along with its regional directorates across the country, should be activated in combating child labor and integrating this issue into their programs and budgets. Similarly, the role of labor inspection services and the National Authority for the Promotion of Childhood should be strengthened concerning child labor and all relevant open-environment institutions.