In recognition of the World Day Against Trafficking in Persons on July 30th, the IAWJ co-hosted the webinar “Justice for Children: The Critical Role of Judges in Combating Child Labor and Exploitation” with the International Training Centre of the International Labour Organization (ITCILO). The webinar featured legal experts from the International Labor Organization (ILO) and three IAWJ members who discussed how judges can help combat child labor and exploitation.
Ms. Maura Miraglio, Senior Programme Officer of the ITCILO.
The webinar began with remarks from Ms. Maura Miraglio, a Senior Programme Officer of the ITCILO. She noted that despite successes in advancing child labor protections, child labor and exploitation remain prevalent, especially in the informal labor market. To combat this, judges must ensure that legislative standards and sanctions combating child labor and exploitation are applied, that child labor victims are protected and rehabilitated, and that judicial decisions draw attention to gaps in legislation.
In her keynote, Ms. Rima Moussaoui, a Legal Officer in the International Legal Standards Department of the ILO, highlighted the work of the ILO's Committee of Experts on the Application of Conventions and Recommendations, a neutral body whose determinations can be a valuable resource for judges on how to apply ILO standards into national contexts to protect children’s rights and promote access to education.
She also reflected that judges help combat child exploitation from the bench by pointing out when national legislation does not meet ILO standards. Similarly, because proper enforcement is essential in combating child labor, it is important for judges to provide timely, fair, and visible accountability to signal that child exploitation is not accepted, such as through more deterrent and dissuasive sanctions.
Ms. Rima Moussaoui, Legal Officer in the International Legal Standards Department of the ILO
Finally, Ms. Moussaoui highlighted the vulnerabilities of children and argued that targeted measures–such as child-sensitive protocols, child labor courts, and social assistance and integration support–are needed to ensure their access to justice. Overall, she emphasized the judiciary’s role in creating a culture of awareness, accountability, and protection for children in their decisions.
Following the keynote, three IAWJ members discussed the challenges in adjudicating child labor and exploitation cases, how judges can create systemic change, and best practices in children’s access to justice. Across all countries, the judges echoed the need for increased monitoring, increased communication between justice actors, and the need for child-sensitive approaches in the courtroom.
Challenges
Underreporting
Judge Dobarro of Argentina noted how a lack of up-to-date reporting on child labor and exploitation limits the ability of justice system actors to respond, as they do not know the full extent of the problem.
Judge Viviana Dobarro of Argentina
Likewise, Magistrate Kibosia of Kenya pointed out that child labor and exploitation cases frequently go unreported. To combat this, Kenya has collaborated with the ILO ACCEL program to gain insights as to where child labor is occurring.
Magistrate Jackie Kibosia of Kenya
Finally, Judge Manjate of Mozambique revealed that Mozambique’s specialized labor courts address very few cases each year. This is in part because many violations occur in the informal labor market and are not immediately directed to the courts.
Jude Erzelina Manjate of Mozambique
Lack of Coordination in Enforcement
In Argentina, Judge Dobarro has seen limited communication between law enforcement and labor agencies with the courts. Thus, when trafficking or exploitation cases are diverted to the criminal justice system, there are not sufficient steps taken to prevent new violations from occurring or to reintegrate children into the education system. As a result, she called for greater collaboration between different court systems with overlapping jurisdictions.
Similarly, Judge Manjate noted that when child labor exploitation cases are diverted to the Criminal Courts or Family Courts, a lack of coordination means that prosecutors, law enforcement, and magistrates may not have enough knowledge on child labor to adequately address child labor and exploitation. As a result, she highlighted the need for greater coordination between Juvenile, Family, and Criminal Courts when handling cases that intersect with the jurisdiction of the Labor Courts.
Underlying Issues
Centrally, Judge Dobarro highlighted how poverty and inequality increase the number of children facing child labor. Judges must then face a delicate balance of not wanting to criminalize families who are in poverty, while simultaneously needing to protect the fundamental rights of children. Judge Manjate similarly noted how poverty, as well as armed conflict, can put children into exploitative situations. Likewise, in Kenya, the judiciary is taking note of the prevalence of poverty as a root cause of child labor and considering how to foster economic safety nets to proactively combat child labor.
Overall, the judges also indicated the connection between the informal economy and child labor and exploitation. When children are employed in informal sectors–whether in domestic or agricultural spaces in Argentina, coffee or tea plantations in Kenya, or street food vendors in Maputo City, Mozambique–they are often outside of the reach of labor laws and require additional intervention to ensure that their rights are upheld.
Systemic Change and Courtroom Best Practices
Training and Knowledge Sharing
The judges recommended training and knowledge sharing across the judiciary and law enforcement. Magistrate Kibosia remarked on the importance of Kenya’s knowledge sharing within its government and across national jurisdictions, while Judge Dobarro saw continued judicial training as essential to bringing about systemic change. Judge Manjate also highlighted the value of IITCILO training in the establishment of the Mozambiquan Labor Courts, which were later able to train and support national enforcement agencies to divert child labor violations to the correct pathways.
Within the Courtroom
Judge Manjate suggested that within the courtroom, the judiciary should offer children conditions that allow them to comfortably share their stories.
This was exemplified by Magistrate Kibosia’s approach in Kenya, where access to justice for children is prioritized and spaces are adapted to allow children to tell their stories, whether by talking or drawing. Courts can also hire child therapists who engage in art and play therapy, as well as the use of therapeutic jurisprudence, including court-ordered compensation, returns to school, psychosocial support, or follow-ups on the child’s well-being. She also highlighted efforts to allow for video conferencing with children, so that a child does not need to recount their story several times.
Increasing Awareness
Outside of the courtroom, the judges remarked on the importance of connecting with their communities and raising awareness. One example is the Kenyan Judiciary’s Child Participation Forum, where children learn about child labor protections and provide feedback and wish lists to the Court. Overall, the Kenyan judiciary aims to educate children to proactively safeguard them from exploitation, rather than respond to cases as they occur.
Judge Manjate highlighted the efforts of the Mozambique Chapter of the IAWJ, which have raised public awareness of children’s rights and labor violations. Their chapter has hosted trainings, promoted children’s voices, and worked as part of legislative commissions to improve legal frameworks.
Finally, Judge Dobarro noted that the causes of child labor often require policy interventions that go beyond judicial intervention. She called for judges to demand that public policy adequately combat child trafficking and exploitation, particularly the normalization of girls’ work.