GRI 408: Child Labor 2016
EFFECTIVE DATE: 1 JULY 2018
Introduction
GRI 408: Child Labor 2016 contains disclosures for organizations to report information about their impacts related to child labor, and how they manage these impacts.
The Standard is structured as follows:
- Section 1 contains a requirement, which provides information about how the organization manages its impacts related to child labor.
- Section 2 contains one disclosure, which provides information about the organization’s impacts related to child labor.
- The Glossary contains defined terms with a specific meaning when used in the GRI Standards. The terms are underlined in the text of the GRI Standards and linked to the definitions.
- The Biblogrpahy lists authoritative intergovernmental instruments used in developing this Standard.
Background on the topic
This Standard addresses the topic of child labor. Abolishing child labor is a key principle and objective of major human rights instruments and legislation, and is the subject of national legislation in almost all countries.
Child labor is work that ‘deprives children of their childhood, their potential and their dignity, and that is harmful to their physical or mental development, including by interfering with their education. Specifically, it means types of work that are not permitted for children below the relevant minimum age.’
Child labor does not refer to youth employment or to children working. It refers to a universally-recognized human rights abuse. The internationally-agreed understanding of the meaning of child labor is set out in the International Labour Organization (ILO) Convention 138 ‘Minimum Age Convention’.
The minimum age for hazardous work is 18 years for all countries. Hazardous child labor is defined by Article 3 (d) of ILO Convention 182 ‘Worst Forms of Child Labour Convention’ as ‘work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.’
Due diligence is expected of an organization in order to prevent the use of child labor in its activities. It is also expected to avoid contributing to, or becoming complicit in, the use of child labor through its relationships with others (e.g., suppliers, clients).
These concepts are covered in key instruments of the ILO, the Organisation for Economic Co-operation and Development, and the United Nations: see the Bibliography.
1. Topic management disclosures
An organization reporting in accordance with the GRI Standards is required to report how it manages each of its material topics.
An organization that has determined child labor to be a material topic is required to report how it manages the topic using Disclosure 3-3 in GRI 3: Material Topics 2021 (see clause 1.1 in this section).
This section is therefore designed to supplement – and not replace – Disclosure 3-3 in GRI 3.
REQUIREMENTS
- 1.1 The reporting organization shall report how it manages child labor using Disclosure 3-3 in GRI 3: Material Topics 2021.
2. Topic disclosures
Disclosure 408-1 Operations and suppliers at significant risk for incidents of child labor
REQUIREMENTS
The reporting organization shall report the following information:
- a. Operations and suppliers considered to have significant risk for incidents of:
- i. child labor;
- ii. young workers exposed to hazardous work.
- b. Operations and suppliers considered to have significant risk for incidents of child labor either in terms of:
- i. type of operation (such as manufacturing plant) and supplier;
- ii. countries or geographic areas with operations and suppliers considered at risk.
- c. Measures taken by the organization in the reporting period intended to contribute to the effective abolition of child labor.
GUIDANCE
Guidance for Disclosure 408-1
The process for identifying operations and suppliers, as specified in Disclosure 408-1, can reflect the reporting organization’s approach to risk assessment on this issue. It can also draw from recognized international data sources, such as the ILO Information and reports on the application of Conventions and Recommendations (see reference [1] in the Bibliography).
When reporting the measures taken, the organization can refer to the ILO ‘Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy’ and Organisation for Economic Co-operation and Development (OECD) OECD Guidelines for Multinational Enterprises for further guidance.
In the context of the GRI Standards, a ‘young worker’ is defined as a person above the applicable minimum working age and younger than 18 years of age. Note that Disclosure 408-1 does not require quantitative reporting on child labor or the number of young workers. Rather, it asks for reporting on the operations and suppliers considered to have significant risk for incidents of child labor or young workers exposed to hazardous work.
Background
Child labor is subject to ILO Conventions 138 ‘Minimum Age Convention’ (ILO Convention 138) and 182 ‘Worst Forms of Child Labour Convention’ (ILO Convention 182).
‘Child labor’ refers to an abuse, which is not to be confused with ‘children working’ or with ‘young persons working,’ which may not be abuses as stipulated in ILO Convention 138.
The minimum age for working differs by country. ILO Convention 138 specifies a minimum age of 15 years or the age of completion of compulsory schooling (whichever is higher). However, there is an exception for certain countries where economies and educational facilities are insufficiently developed and a minimum age of 14 years might apply. These countries of exception are specified by the ILO in response to special application by the country concerned, and in consultation with representative organizations of employers and workers.
ILO Convention 138 stipulates that ‘national laws or regulations may permit the employment or work of persons 13 to 15 years of age on light work which is (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received’.
While child labor takes many different forms, a priority is to eliminate without delay the worst forms of child labor as defined by Article 3 of ILO Convention 182. This includes all forms of slavery or practices similar to slavery (such as sale, trafficking, forced or compulsory labor, serfdom, recruitment for armed conflict); the use, procuring or offering of a child for prostitution or illicit activities, and any work that is likely to harm the health, safety, or morals of children. ILO Convention 182 is intended to set priorities for states; however, organizations are expected not to use this convention to justify forms of child labor.
Child labor results in under-skilled and unhealthy workers for tomorrow and perpetuates poverty across generations, thus impeding sustainable development. The abolition of child labor is therefore necessary for both economic and human development.
Bibliography
This section lists authoritative intergovernmental instruments used in developing this Standard.
Authoritative instruments:
- International Labour Organization (ILO), Committee of Experts on the Application of Conventions and Recommendations, Report III - Information and reports on the application of Conventions and Recommendations, updated annually.
- International Labour Organization (ILO) Convention 138, ‘Minimum Age Convention,’ 1973.
- International Labour Organization (ILO) Convention 142, ‘Human Resources Development Convention,’ 1975.
- International Labour Organization (ILO) Convention 182, ‘Worst Forms of Child Labour Convention,’ 1999.
- International Labour Organization (ILO), ‘Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy,’ 2006.
- Organisation for Economic Co-operation and Development (OECD), OECD Guidelines for Multinational Enterprises, 2011.
- United Nations (UN) Convention, ‘Convention on the Rights of the Child,’ 1989.
- United Nations (UN), ‘Guiding Principles on Business and Human Rights, Implementing the United Nations “Protect, Respect and Remedy” Framework,’ 2011.
- United Nations (UN), Protect, Respect and Remedy: a Framework for Business and Human Rights, 2008.
- United Nations (UN), Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, John Ruggie, 2011.