Review of Child Labour Laws of Barbados
It is recommended that the Government of Barbados give consideration to amending its Employment (Miscellaneous) Act to widen the scope of its minimum age provision to include all types of work subject to a few exceptions, if necessary.
Unconditional Worst Forms of Child Labour
ILO Convention No. 182 requires member States to eliminate the worst forms of child labour, which are defined as:
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 recruitment of children in armed conflict;
the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances;
the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs;
work, which by its nature or the circumstances in which it is carried out, is likely to harm the safety, health or morals of children.
The legislation should in all cases:
prohibit the worst forms of child labour;
provide for the determination and periodic revision of the types of hazardous child labour, either directly or by mandating a competent authority to do so;
establish measures aimed at eliminating the worst forms of child labour;
apply measures addressing the performance of the worst forms of child labour;
identify the special needs of certain groups of children who are particularly at risk;
establish effective implementation and enforcement measures.
All forms of slavery or practices similar to slavery
The Constitution of Barbados under Section 14 declares that, “no person shall be held in slavery or servitude”. According to Section 33 of the Offences Against the Person Act, 1994, “any person who imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his/her will any person as a slave is guilty of an offence and is liable on conviction on indictment to imprisonment for life”. The law is general to all persons and not specific to children and young persons. Given the nature of the crime and the sanction, it is not necessary to have a specific offence related to children and young persons.
4.3.2 Sale and trafficking of children
There exists no specific legislation on human or child trafficking in Barbados. Section 35(3) of the Offences Against the Person Act, states that, any person, who with the intent to send away any child under the age of sixteen years from Barbados for the