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تشريعات عمالة الأطفال بين النصوص القانونية والواقع الفعلى فى جمهورية مصر العربية 2010

المصدر: السكان : بحوث ودراسات
الناشر: الجهاز المركزي المصري للتعبئة العامة والإحصاء - مركز الأبحاث والدراسات السكانية
المؤلف الرئيسي: صالح، إيمان محمود (مؤلف)
المجلد/العدد: ع86
محكمة: نعم
الدولة: مصر
التاريخ الميلادي: 2013
الشهر: يوليو
الصفحات: 195 - 233
رقم MD: 606461
نوع المحتوى: بحوث ومقالات
اللغة: العربية
قواعد المعلومات: EcoLink
مواضيع:
رابط المحتوى:
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المستخلص: The Egyptian Legislature sought to organize the work of children since 1909 (Law 14), in addition to some other Laws (law No. 48 of 1938, Labor Law No.137 of 1981, to regulate the work of children as well. Law No. 12 of 1996 is considered a civilized and qualitative leap in the care and protection of the Egyptian Child. The study, deals with the details of these latter laws, which aims at protecting working children. Labor Law No. 137 of 1981: Labor Law No. 137 of 1981 devoted the 2nd chapter of it 6th part to organize child labor, this law define the following: - Minimum age of work. - Prohibited activities. - Criminal responsibility. Minimum age of work: It is prohibited to employ or train children before they reach 12 years of age. This limitation is to ensure that children are protected and allowed to attain a certain level of education. As education is compulsory until the age of 15 according to law no. 139 of 1981, there is an obvious contradiction between the education and labor laws. To resolve this contradiction the minimum working age raised to 15, in the child's law 1996. Working Child Care: 1. The legislature prohibits employing children before reaching 14 years of age completely, it is also prohibit any train before reaching 12 years of age. Children of 12 to 14 years of age may be employed for season work which should cause no harm to their health or growth, nor disturb their punctual studies (Article No. 64). 2. A child should not be employed to work for more than 6 hours a day, and the working hours should comprise a meal and rest interval or more than one interval amounting to a total of not less than one hour. These periods should be determined so the child should not be made to work more than 4 continuous hours. Children should not be employed to work overtime, or work during the weekly rest or official holidays (Article No. 66). 3. In all cases, children should not be made to work between 8h p.m. and 7h a.m. (Article No. 66). Data source: This study depends mainly on the results of a field survey conducted by CAPMAS in 2010 to investigate the Egyptian child labor (aged 5 to less than 18 years old). The survey covers all Egypt governorates. The sample was 33,000 household that include children aged (5-17years). The main findings of the Study: 1- 23% of the total working children entering the labor market before the age of 12 years which is prohibited by legislation. 2- For the age group (11-14), which prevents the work or training of children by law accounted about 24% of the total working children in rural areas while their percentage in urban 19.2% of the total working children in urban, the percentage of females working children in each of urban and rural is higher compared to males. 3- The percentage of the exposed to poor working conditions, (such as extreme fatigue, or dust and fumes or cooler high or extreme heat or chemicals) is 82.2% of the total working children and this percentage is higher among children of male workers compared to females (83.5%, 77.6%, respectively).. 4- The percentage of children who work more than hours permitted represent 16.9% of the total working children and this percentage is higher among children of female workers compared to males (22.2%, 15.4% respectively). 5- The percentage of working children to the number of hours (43 hours or more per week) is about 29% of the total working children and this is prohibited by law, the ratio is 31% for males and 21.1% for females 6- The percentage of working children who work 43 hours or more per week is 56.3 % in the industry sector, 47% in the service sector 16.1% in the agriculture sector.