in the repository
URN to cite this document: urn:nbn:de:bvb:703-epub-8047-3
Title data
Mauluka, Gift ; Kaime, Thoko:
The paradox of child participation in child labour : An interface between statutory and customary child labour laws in Malawi.
In: Global Campus Human Rights Journal.
Vol. 7
(2023)
Issue 2
.
- pp. 19-34.
ISSN 2532-1455
DOI der Verlagsversion: https://doi.org/10.25330/2665
![[thumbnail of 2. GCHRJ7.2-Gift Mauluka_Thoko Kaime.pdf]](https://epub.uni-bayreuth.de/style/images/fileicons/application_pdf.png) |
|
||||||||
|
Download (194kB)
|
Project information
| Project financing: |
7. Forschungsrahmenprogramm für Forschung, technologische Entwicklung und Demonstration der Europäischen Union Alexander von Humboldt-Stiftung Bayerische Forschungsstiftung Bundesministerium für Bildung und Forschung |
|---|
Abstract
The ratification of the International Labour Organisation’s Convention 138 on Minimum Age and Convention 182 on the Worst Forms of Child Labour, as well as the enactment of the Employment Act, 2000 and the Child Care, Protection and Justice Act, 2010, among other critical legislation by the Malawi government, was a contribution towards the elimination of child labour. These efforts have been complemented by the reinforcement of customary laws and an inclusive formulation of rules and regulations set by traditional and religious leaders at the community level. Despite these efforts, child labour is on the rise. The interface between statutory and customary laws in the fight against child labour raises questions about the contributions that each of them or their combination is making in ending child labour. This paper examines various reasons and tensions associated with the application of these laws, simultaneously or independently, in the effort to combat child labour. Application of weak legal pluralism, where modification of the existing norms and practices is allowed while allowing room for input from statutory law, is being suggested as one of the ideal integrations of laws in the fight against child labour and ensuring their meaningful participation.
Further data
| Item Type: | Article in a journal |
|---|---|
| Keywords: | child labour; legal pluralism; child rights; human rights; Malawi |
| DDC Subjects: | 300 Social sciences > 340 Law |
| Institutions of the University: | Faculties > Faculty of Law, Business and Economics > Department of Law > Chair African Legal Studies > Chair African Legal Studies - Univ.-Prof. Dr. Thokozani Kaime Faculties Faculties > Faculty of Law, Business and Economics Faculties > Faculty of Law, Business and Economics > Department of Law Faculties > Faculty of Law, Business and Economics > Department of Law > Chair African Legal Studies |
| Language: | English |
| Originates at UBT: | Yes |
| URN: | urn:nbn:de:bvb:703-epub-8047-3 |
| Date Deposited: | 08 Nov 2024 15:48 |
| Last Modified: | 08 Nov 2024 17:03 |
| URI: | https://epub.uni-bayreuth.de/id/eprint/8047 |
Download Statistics