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

dc.contributor.authorMauluka, Gift
dc.contributor.authorKaime, Thoko
dc.date.accessioned2024-07-16T13:02:06Z
dc.date.available2024-07-16T13:02:06Z
dc.date.issued2023
dc.description.abstractThe 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.sponsorshipEuropean Commission - Operating grant - Neighbourhood, Development and International Cooperation Instrument - Global Europe Instrument (NDICI)
dc.identifier.citationGift 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.urihttps://repository.gchumanrights.org/handle/20.500.11825/2748
dc.identifier.urihttp://dx.doi.org/10.25330/2665
dc.language.isoen
dc.publisherGlobal Campus Human Rights
dc.relation.ispartofseriesGlobal Campus Human Rights Journal; 7.2
dc.subjectchild labour
dc.subjectchildren's rights
dc.subjectMalawi
dc.subjectparticipation
dc.subjectpluralism
dc.subjectlegal aspects
dc.titleThe paradox of child participation in child labour: An interface between statutory and customary child labour laws in Malawi
dc.typeArticle
dspace.entity.type

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