Yes, children have the right to education, but they also have the right to work. It is an inconvenient proposition. However, paternalistic discourses on childhood should not preclude criticism of prohibitive approaches to child labor or impede the political participation of children.
The right to work underlies a number of guarantees aimed at ensuring dignified and safe working conditions, but it also extends to the choice of whether or not to want to work. By prohibiting work for children under the age of 14, Bill 19 will prevent thousands of children from claiming these rights.
In Quebec, during most of the 20the century, it was virtually forbidden to employ anyone under the age of 16. This “strict” system was abandoned in 1981 and replaced by the current “flexible” system in which children of all ages can exercise their right to work, but under specific conditions, which guarantee their right to education and protect them against harm and exploitation.
The adoption of a minimum age of 14 could undoubtedly be added to these protective measures. On the other hand, this threshold was designated without relying on rigorous data. In addition, the people directly affected by this ban, namely the working children themselves, have been completely excluded from the legislative process.
At the end of the 1990s, the Government of Quebec re-examined its legislative regime and concluded that it guaranteed a desirable balance between autonomy, schooling and protection of children, thus embracing an approach that favors the agency of children. . However, this approach has all but disappeared from the 2022 report of the Advisory Committee on Labor and Manpower (CCTM), on the basis of which the government drafted Bill 19. simple victims of the labor shortage.
The massive influx of young children into the labor market and the increase in work accidents obviously raise serious concerns. However, the CCTM report points out that there is very little data on the working conditions of children and the nature of the injuries they sustain at work. Notable fact: the data concerning children under 15 are particularly incomplete.
Moreover, it is not clear how the current legislative framework governing child labor would be insufficient to cope with the increase in the number of children in the labor market. The prohibitive approach seems to substitute for more constructive measures, which could have better met the needs of working children.
For example, additional resources could have been allocated to ensure that children are not employed in dangerous or unsuitable tasks. As for the impact on education, the government highlights studies indicating a negative correlation between work, academic success, and mental health, beyond a certain number of hours worked per week. Again, we do not know why capping the number of hours worked would not be enough.
Furthermore, the fact that exceptions are provided for family businesses and for the arts and entertainment sector raises doubts as to the priority accorded to education.
Give children a voice
The speed with which the CCTM’s recommendations were taken up and copied into the bill indicates that the government did not really want to paint a precise picture of the situation before revising its laws. Above all, and although many actors have had a voice since the introduction of the bill, working children themselves continue to be ignored.
One of the fundamental principles of children’s rights is the right to be heard and to participate in decision-making that affects them. Working children are quite capable of understanding and expressing their needs, of relating their experiences, relating both to work and to their education and other important aspects of their lives.
If children are taken seriously, given the space and the tools to express themselves, they are able to formulate recommendations that guide legislation and the development of public policies.
In January, the world gathering of working children took place in Kigali. Delegations of children from 16 countries were able to share their experiences. This meeting culminated in the adoption of the Kigali Declaration, drafted by the working children themselves, in which they clearly indicated what they expected from governments: “Protect us from exploitation, difficult working conditions and risks, but allow children to do decent and dignified work. »
Quebec children might express a different point of view — but no one, in this whole process, thought it appropriate to listen to them. Maybe it’s time to reach out to them.