Systems to be compared

One might argue that by the twenty-first century different parts of the world have more in common than in the past. Many countries have ethnically mixed populations.

Most states subscribe to international human rights instruments, which contributes to a generally held system of values, whilst few states can afford to ignore the views of the international community even where instruments have been signed only.5' Yet there are still considerable differences between societies one might at first sight regard as largely similar.

Although the study concentrates on the impact of child labour policies in three affluent societies, it is hoped that the findings are of more general relevance. To that end, the perception of participants in the system, comprising the general public and experts working with children, as well as the young people themselves, Is of major importance.

The study is concerned with the work of children and young people in affluent societies rather than in the Third World, where child labour is claimed to be a function

“ Vienna Convention on the Law of Treaties, Art. 18, 'A State is obliged to refrain from acts which would defeat the object and purpose of a treaty when: (a) It has signed the treaty [. .]

until it shall have made its Intention clear not to become a party to the treaty.' 71

of poverty.59 This approach allows studying the regulation of the economic activities of children In circumstances, which are not necessarily dictated by expediency or financial constraints. The research focuses on three affluent societies, which occupy different positions in the international human rights system that has developed since the Second World War. As attitudes towards children and young people may be expected to change because of people's awareness of the standards represented by the Convention on the Rights of the Child,"0 it was decided to include both countries, which had acceded to the Convention and which had so far not done so. The first country to be studied, the Netherlands, has in the main tended towards a culture of human rights and social standards. Like most other West European countries it is a party both to the CRC and the Minimum Age Convention.0' It was also one of the first EU member states to enact child labour legislation in conformity with the requirements of Council Directive 94/33/EC 'on the protection of young people at work'.“ Neither of the other two 'States' used in the comparison had accepted the Convention on the Rights o f the Child, when I began my research. The principal non-ratifying country is the United States, which has acceded to a handful of International Conventions only, despite being instrumental in their creation. The U.S. has so far ratified one Convention concerned with the rights of children, the 1999 Convention concerning the Prohibition and Immediate Action for the Elimination o f the Worst Forms o f Child Labour ( Worst Forms o f Labour Convention), and the two Optional Protocols to the CRC. However, these Instruments have all been declared as of little domestic relevance.“ Also, the fact that numerous accidents and cases of serious exploitation of

" Fyfe, A. (1989). Child labour. Oxford, Polity Press, p. 9; Myers, W. (2001). Valuing Diverse Approaches to Child Labour*. Child Labour. K. Listen and B. White. Amsterdam, Aksant Academic Publishers, p. 34.

00 Confirmed by Woll, L. (2000). The Convention on the Rights of the Child Impact Study, Stockholm, Save the Children.

61 Ratified in 1995 and 1976 respectively.

“ See Chapter 7, footnote 81.

“ See Chapter 5, footnotes 230 - 232. Several other Conventions have been signed without subsequent ratification, such as the ILO Minimum Age Convention, the Convention on the

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working children have been reported in the U.S. in the early 1990s," was a further reason to include the U.S. in the research. Although it is not unknown to compare the United States in its entirety with other systems, such comparisons tend to comprise separate studies of closely circumscribed topics by different authors.'5 In order to compare legislation as well as societal aspects in some detail as intended, the country is too vast and its population too diverse for the comparison to be meaningful.

Therefore it was decided to concentrate on one of its States, namely California.

Although in principle other States could fulfil the conditions, there are several features, which made California the preferred choice. For instance, the State showed awareness of the existence of the child labour problem by amending its child labour provisions during the 1990s. Also, California's boom economy has attracted a large immigrant labour force, which now forms a considerable proportion of the population."

Many of these recent citizens make their livelihood by low-paid agricultural work, industrial homework in the information industry or in inner-city sweatshops. When parents do not have a place where offspring can be left in safety, children tend to be taken along to the workplace where they may soon give a helping hand.'7 In addition, California is the home of an entertainment sector, that until the late 1990s was covered by outdated child labour legislation, which took no account o f the psychological stress

Elimination of all Forms of Discrimination Against Women (CEDAW), the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the CRC.

“ Butterfield, B. D. (1990a). Children at Work: The Tragedy of Child Labor, In America's Shops, Eateries and Farms Conditions Endanger a New Generation. The Boston Globe, p. 1.

" E g. Blanpaln, R. ed„ 'Deregulation and Labour Law in search of a Labour Concept for the 21* Century', Bulletin of Comparative Labour Relations, 38, Cambridge (Mass.) or Katz, S.N., J. Eekelaar, et at. eds. (2000). Cross Currents, Oxford.

" 40.64% of the Californian population, 2000 Census results at

http://factfinder.census.gov/bf/_lang=en_vt_name=DEC_2000_PL_U_GCTPL_ST2_geo_l d=04000US06.html, while this comes to 17% overall In case of the Netherlands, rising to nearly 43% in the city of Rotterdam Gemeente Rotterdam (1999). Rotterdam, Facts &

Figures.

" Butterfield, B. D. (1990b). Children at Work: Wave of Children Toil in New Sweatshops.

The Boston Globa, pp. A1,27.

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posed by earty stardom nor provided any protection for child actors from parental cupidity.“

The third society included In the comparison is the Caribbean Island of Aruba, a small seml-autonomous 'State', which had not accepted the CRC at the beginning of the study. Together with the Netherlands and the five Antilles Islands, Aruba forms part of the 'Kingdom of the Netherlands'. It is one of the more economically advanced societies in transition, and outwardly presents itself as a modern 'state', although its social structure and legislation have changed only marginally since the mid-twentieth century,“ when the 'State' ceased to be a Dutch colony. For the last fifty years Aruba has been a rather reluctant partner in the quasi-federal 'Kingdom of the Netherlands' together with the five other Caribbean Islands, the Nederlands Antilles'0 and the Netherlands (in Europe).7’ Since that time it has sought to distance itself as far as possible from the Antilles Islands, to the extent of Intending to leave the Kingdom.

Although Aruba decided at the last moment not to secede from the Kingdom, because the relationship with the Netherlands in Europe conveys distinct advantages, it is very different both from the other islands and from the European country. This difference has risen mainly in connection with of Aruba's single-minded drive towards economic prosperity through tourism.72 The decision to include Aruba in the research was, therefore, based not only on the 'State's' reluctance to accept the standards embodied in the CRC, but also on the dearth of publications covering social aspects rather than

“ Staenberg, M. R. and D. K. Stuart (1997). 'Children as Chattels: the disturbing plight of child performers.' Beverly Hills Bar Association, pp. 22-26.

“ By June 2004 compulsory education has still not been implemented (telephone conversation with a spokeswoman of the Aruban Department of Education, 24/06/2004.

70 These small semi-independent 'States' are by implication Parties to the European Conventions, but have the power to instruct the Netherlands to initiate acceptance of the United Nations Instruments on their behalf. Aruba therefore forms part of the European Community, ‘Council Decision (2001/822/EC) on the association of the European Community with the Overseas Countries and Territories.' (2001). Official Journal L 314, 30th November 2001, pp. 0001-0077.

71 See Appendix 6.

72 International Monetary Fund (1995). IMF Staff Country Report no 95/89 - Kingdom of the Netherlands - Aruba. Recent Economic Developments. Washington, IMF.

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tourism topics,73 in addition to personal misgivings concerning the position of children in such a society.74 As the decision to include Aruba was not taken until well into the third year of the study, empirical research has been restricted to the perceptions of professionals working with children concerning child work and its conditions in Aruban society, apart from the examination of current and historical child labour provisions.73