Abstract
Child labor is a global problem that affects millions of children around the world. It refers to the employment of children in any work that deprives them of their childhood, interferes with their ability to attend a regular school, and is harmful to their physical and mental development. Despite being illegal in most countries, child labor is still prevalent in many industries, including agriculture, manufacturing, and mining. It is a complex issue that is rooted in poverty, lack of education, and social inequality. Child labor not only harms the children involved both physically and mentally but also perpetuates a cycle of poverty and reinforces social injustice. It is crucial to address this problem through education, legislation, and social awareness to ensure that every child has the right to a childhood free from exploitation and abuse.
The General Definition of a Child
A child is generally defined as a person below the age of 18 years, as stated in Article 1 of the United Nations Convention on the Rights of the Child (CRC) 1989 and Section 277 of the Nigerian Child Rights Act (CRA) 2003.
The Labor Act defines a child as a person below the age of 13. Both the Criminal and Penal Codes Act imply that a child is a person under the age of 18 years.
The Context of Child Labor
Child labor is a global problem that affects millions of children around the world. It refers to the employment of children in any work that deprives them of their childhood, interferes with their ability to attend regular school, and is harmful to their physical and mental development.
Despite being illegal in most countries, child labor is still prevalent in many industries, including agriculture, manufacturing, and mining. Three major reasons stand out to justify global concern about child labor.
First, child labor is abusive and is usually characterised by low wages, long hours of exposure to unhealthy and dangerous working conditions, and a lack of physical and social securities for the at-risk children. All these factors could lead to poor physical, social, emotional, and intellectual development of the child. Second, child laborers are deprived of their childhood, freedom, education, fun, and play, as well as natural development. Third, child labor is a disinvestment in human capital formation, with an adverse effect on the private and social returns on investment in children’s health and education.
Child labor is a complex issue that is rooted in poverty, lack of education, and social inequality. Children from poor families are often forced to work to help support their families, and they are more likely to drop out of school. Lack of education perpetuates the cycle of poverty and reinforces social injustice. Child labor not only harms the children involved but also perpetuates a cycle of poverty and reinforces social injustice.
It is crucial to address this problem through education, legislation, and social awareness to ensure that every child has the right to a childhood free from exploitation and abuse. Governments and international organisations have taken steps to combat child labor, such as enacting laws and regulations, providing education and vocational training, and promoting social awareness. However, more needs to be done to eradicate child labor and ensure that every child can grow up in a safe and nurturing environment.
Historical Background of Child Labor
Child labor has existed for centuries and has evolved in response to economic, social, and cultural changes. In pre-industrial societies, children were often seen as economic assets, assisting their families in agricultural work, craft-making, and domestic labor. During the Industrial Revolution (18th to 19th century), child labor became widespread in factories, mines, and workshops, particularly in Europe and North America. Children as young as five were employed in hazardous conditions, working long hours for minimal wages. The exploitation of child labor during this period led to widespread social and political advocacy for reforms.
In Africa, including Nigeria, child labor has historically been influenced by traditional apprenticeship systems, where children learned trades under older craftsmen. However, colonisation and economic changes introduced exploitative labor practices. During the colonial era, children were used as laborers on plantations, in domestic service, and for menial work in urban centres. Even after independence, child labor persisted due to poverty, lack of access to education, and weak enforcement of labor laws.
The global movement against child labor gained momentum in the 20th century with the establishment of the International Labor Organization (ILO) in 1919. A lot of children today are subjected to child labor in Nigeria without the abusers knowing. Rather than blaming individuals, it is crucial to address the systemic issues that perpetuate child labor and work towards creating a world where every child has the right to a childhood free from exploitation and abuse.
It is important to note that child labor is not the same thing as light work done by children. Light work means any work that does not interfere with the child’s health and development and their regular school attendance. Light work includes domestic chores such as washing of utensils, clothes, supervised training, and artistic undertakings. In all these, the age of the child should be the paramount consideration.
Child Labor in the Child Rights Act
Before 2003, various enactments in Nigeria provided different age limits for the term “child.” In the Children and Young Persons Act, a child was defined as a person under the age of 14 years, while a young person means any person above the age of 14 years but below 17 years.
In 2003, the Child Rights Act unequivocally defines a child as any person under the age of 18 years. The provision of the Act supersedes the provisions of other enactments relating to children.
The definition of a child under the Child Rights Act is in consonance with those in earlier international treaties, namely the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. Unlike Section 277(1) of the Child Rights Act and Article 2 of the African Charter on the Rights and Welfare of the Child, Article 1 of the Convention on the Rights of the Child subordinates its definition of a child to contrary definitions under the laws of its state parties. For example, where the law of a state party defines a child as a person below 16 years, that definition prevails over that in Article 1 of the Convention on the Rights of a Child.
According to Section 28, no child shall be subjected to economic exploitation or any work that is hazardous, interferes with their education, or harms their physical, mental, spiritual, moral, or social development. Section 30 further prohibits employing a child in any industrial undertaking, except where permitted by law for training purposes. Additionally, the Act aligns with international labor standards, such as the ILO Conventions No. 138 and No. 182, which Nigeria has ratified.
For instance, drawing water from a well is a common household activity in many parts of the world and is not necessarily regarded as child labor, provided it is carried out in a safe and appropriate manner. However, where a child is compelled to perform such a task for extended hours or under hazardous conditions, it may amount to child labor.
On the 31st of March 2025, a human rights activist, Adetoun Onajobi, shared a video online alleging that a woman engaged in child labor by bringing her 11-year-old daughter to accompany her for road-sweeping duties in Ikoyi, having travelled from the mainland (Oworonshoki) as early as 4:00 a.m. This incident generated widespread public debate as to whether it constituted child labor.
Considering the definitions provided above, it may be contended that the act does not fall within the scope of child labor, given the specific circumstances surrounding the incident. The child was observed assisting her mother in sweeping on a public holiday, in an environment that did not appear to endanger her physical, mental, spiritual, or moral well-being, nor did it interfere with her education. Consequently, while the act might be viewed as a form of maltreatment or light work, which current legislation does not explicitly address, it may not be properly classified as child labor.
Child Labor Under the International Labor Organization (ILO)
The International Labor Organization (ILO) defines child labor as work that deprives children of their childhood, potential, and dignity, and that is harmful to their physical and mental development. ILO Convention No. 138 (1973) sets the minimum age for employment at generally 15 years, with exceptions for developing countries, while Convention No. 182 (1999) prohibits the worst forms of child labor, including slavery, trafficking, forced labor, and hazardous work. The ILO emphasises that light work is allowed for children above the minimum age, provided it does not harm their health or education.
The ILO Worst Forms of Child Labor Convention itemises them as follows:
a. Slavery and Trafficking
All forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom, and forced or compulsory labor including forced or compulsory recruitment of children for use in armed conflict.
b. Sexual Exploitation
The use, procuring, or offering of a child for prostitution, for the production of pornography, or for pornographic performances.
c. Illicit Activities
The use, procuring, or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties.
d. Hazardous Work
Work which by its nature or the circumstances in which it is carried out is likely to harm the health, safety, or morals of children.
It is important to ensure that children are not being exploited or subjected to unsafe conditions when performing household tasks, because there is a thin line between household keeping and child labor.
Examples of hazardous and exploitative conditions that can constitute child labor include working with dangerous machinery or tools, working in extreme temperatures or weather conditions, working long hours without breaks, being subjected to physical or emotional abuse, and being denied access to education or healthcare. Children who are forced to work in these conditions are often at risk of injury, illness, and even death, and they are denied the opportunity to live a healthy and fulfilling childhood.
The Punishment for Child Labor Under the Child Rights Act
No child shall be subjected to any forced or exploitative labor, or employed to work in any capacity except where employed by a member of their family on light work of an agricultural, horticultural, or domestic character, or required in any case to lift, carry, or move anything so heavy as to be likely to adversely affect their physical, mental, spiritual, moral, or social development, or employed as a domestic help outside their own home or family environment.
No child shall be employed or work in an industrial undertaking. A person deemed guilty of child labor in Nigeria is liable for conviction and imprisonment for 5 years or the payment of a fine not exceeding N500,000 (five hundred thousand Naira). Depending on the gravity of the crime, the defaulter can be made to serve the term and pay the fine.
Child labor can have long-lasting effects on children and can impact their physical, psychological, and social development. Children who are forced to work are often denied access to education and healthcare, which can limit their opportunities and perpetuate the cycle of poverty. They may also be exposed to hazardous working conditions, which can lead to physical injury or illness. Additionally, child labor can have a negative impact on a child’s mental health and well-being, and can lead to feelings of isolation, anxiety, and depression.
Effects of Child Labor
Child labor has clear negative effects on an individual’s development and future. The first is that it puts their bodies in harm’s way. Working with dangerous machines, in sweltering temperatures, and around toxic substances has physical consequences. Children in this type of labor are vulnerable to serious and fatal injuries.
In environments with pesticides and toxins, brain damage is more likely. Malnutrition is also common among children subject to child labor.
The psychological effects of child labor should not be ignored. Depression, drug dependency, PTSD, and other mental health issues are commonplace. While research on child labor and health is limited, the data that does exist shows negative effects.
Labor also prevents a child from getting an education. Whether the work takes them away from their studies entirely or disrupts it with long hours away, child laborers do not receive an adequate education. Without a good education, a child grows up without opportunities for higher income jobs. This perpetuates cycles of poverty, gender inequality, and fuels child labor in the future.
Also, research carried out over the years has shown that a lot of children who underwent child labor and who are now adults are either depressed, sad, harsh, or quick to anger. There are barely happy individuals out there who have been used as a child to labor.
Emotional neglect such as deprivation of family love and affection results in loneliness and hopelessness, making them sad and depressed. Children end up suffering from trauma, distancing, and inferiority complex due to child labor.
How to Combat Child Labor
In a statement by the Head of Press and Public Relations at the Federal Ministry of Labor and Employment, Olajide Oshundun Ngige recalled that in 2015, world leaders gathered and adopted the United Nations Sustainable Development Goals, SDGs Target 8.7, in the form of a call to end child labor in all its forms by 2025. However, it seems to still be rampant as of today in 2025. We need domestication of child labor laws and the Child Rights Act in all 36 states of the country to be effective.
Cases of child labor should be taken seriously by the government, and children seen on the streets should be taken home by the appropriate authorities to figure out their parents and the intentions behind the child being out on their own.
Witnesses of child labor should report to the appropriate authorities and non-governmental organisations who investigate cases of child labor, such as the International Labor Organization (ILO), the United Nations International Children’s Emergency Fund (UNICEF), the Global March Against Child Labor, Save the Children, and the Women Trafficking and Child Labor Eradication Foundation (WOTCLEF).
Research and past judicial decisions show the rich as the perpetuators of this act. The fine is too little for the rich in Nigeria to pay. Therefore, the fines should be increased to a higher amount and the prison penalties should be increased to a higher number of years.
More seminars and awareness should be conducted to combat this menace. Children are being affected, and they are the leaders of tomorrow. One well brought up child equals one good individual who can make meaningful changes in society in the future.
Conclusion
Child labor remains a significant challenge globally, undermining the rights, development, and future potential of children. While international conventions such as the ILO’s minimum age and worst forms of child labor conventions provide a strong framework for protection, effective implementation at the national level is crucial. Nigeria’s legal provisions, including the Child Rights Act, aim to safeguard children from exploitation, yet continuous efforts are needed to address enforcement gaps and raise awareness. By upholding the rights of children and promoting a holistic approach to education and welfare, we can ensure a brighter and more equitable future for all.
