The paradox of child participation in child labour: An interface between statutory and customary child labour laws in Malawi

dc.contributor.author Mauluka, Gift
dc.contributor.author Kaime, Thoko
dc.date.accessioned 2024-07-16T13:02:06Z
dc.date.available 2024-07-16T13:02:06Z
dc.date.issued 2023
dc.description.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.
dc.description.sponsorship European Commission - Operating grant - Neighbourhood, Development and International Cooperation Instrument - Global Europe Instrument (NDICI)
dc.identifier.citation Gift Mauluka and Thoko Kaime. “The paradox of child participation in child labour: An interface between statutory and customary child labour laws in Malawi.” (2023) 7 Global Campus Human Rights Journal 19-34 http://doi.org/10.25330/2665
dc.identifier.uri https://repository.gchumanrights.org/handle/20.500.11825/2748
dc.identifier.uri http://dx.doi.org/10.25330/2665
dc.language.iso en
dc.publisher Global Campus Human Rights
dc.relation.ispartofseries Global Campus Human Rights Journal; 7.2
dc.subject child labour
dc.subject children's rights
dc.subject Malawi
dc.subject participation
dc.subject pluralism
dc.subject legal aspects
dc.title The paradox of child participation in child labour: An interface between statutory and customary child labour laws in Malawi
dc.type Article
dspace.entity.type
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