https://doi.org/10.37955/cs.v7i3.330
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eISSN: 2600-5743
State responsibility in the control of
organisms in charge of the
eradication of Child labor
Responsabilidad estatal en el control de organismos
encargados de la erradicación del trabajo Infantil
Santiago Lenin Sampedro Chávez
Psicólogo Industrial – Estudiante de Derecho, Universidad Indoamérica
ssampedro@indoamerica.edu.ec
https://orcid.org/0009-0002-2023-5635
Ana Cristina Pachano Zurita
Abogada de los Tribunales de la República del Ecuador, Magíster en Derecho Laboral y
Seguridad Social, Docente de la Universidad Indoamérica tiempo completo
https://orcid.org/0000-0003-0677-7593
anapachano@uti.edu.ec
ABSTRACT
The Ecuadorian government prioritizes the rights of vulnerable
groups, seeking to eradicate child exploitation. Governments and
organizations act to mitigate abuse, promoting education and integral
development. The article focused on identifying the state entities that
operated in accordance with the legal framework, addressing the
challenges in the eradication of child labor. To this end, a qualitative
approach was adopted using analytical-synthetic and historical-logical
methods. The study highlighted the crucial state intervention in the
fight against child labor, emphasizing the synergy between
institutions, international support and the State-family-society
triangle to guarantee children's rights and welfare.
RESUMEN
El Estado ecuatoriano prioriza derechos de grupos vulnerables,
buscando erradicar la explotación infantil. Gobiernos y organizaciones
actúan para mitigar abuso, promoviendo educación y desarrollo
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integral. El artículo se centró en identificar los entes estatales que
operaron conforme al marco legal, abordando los retos en la
erradicación del trabajo infantil. Para ello, se adoptó un enfoque
cualitativo mediante métodos analítico-sintéticos e histórico-lógicos.
El estudio resaltó la crucial intervención estatal en la lucha contra el
trabajo infantil, enfatizando la sinergia entre instituciones, apoyo
internacional y el triángulo Estado-familia-sociedad para garantizar
derechos y bienestar infantil.
Keywords / Palabras clave
erradicación de trabajo infantil, Estado, familia, organismos de
control, Responsabilidad estatal, sociedad
child labor eradication, State, family, control agencies, State
responsibility, society
Introduction
In Ecuador it has become common to see children on the streets, many
of them forced to beg against their will, others can be seen working in
hostile environments in order to bring a livelihood home. In daily life
we all coincide with this reality and the lack of interest is evident in
society and why not say in the State itself.
The economic crisis of the country and the lack of opportunities in
many homes has resulted in a dramatic scenario specifically in
children and adolescents, unable to access education and deprived of
many rights that by law the State recognizes them, such as the
principle of best interests and rights that prevail over those of others,
as stated in the Constitution of the Republic of Ecuador in 2008 states:
The state, society and the family will promote as a priority the integral
development of children and adolescents, and will ensure the full
exercise of their rights; the principle of their best interest will be taken
into account and their rights will prevail over those of other persons.
Children and adolescents shall have the right to their integral
development, understood as a process of growth, maturation and
unfolding of their intellect, capacities, potential and aspirations, in a
family, school, social and community environment of affection and
security. This environment will allow the satisfaction of their social,
affective-emotional and cultural needs, with the support of national
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and local intersectoral policies. (art. 44 Constitution of the Republic of
Ecuador).
This leads to debate and questioning by the Ecuadorian population
who often observe the reality in the streets and also by the academia
who will be observers of the work that the state executes in conjunction
with national and international organizations to control the
eradication of child labor, with the aim of improving the quality of life
of children and adolescents, and thus with dignity be part of society.
Child labor should be a matter of legal analysis, determining whether
the age at which the child can be the breadwinner of a household and
the type of work that can be done approved by a representative and
under the conditions that the law requires, as established in Article 134
of the Labor Code which states: "Prohibit all kinds of work for others,
for children and adolescents under fifteen years of age. On the other
hand, the same labor code refers to work prohibited for minors under
18 years of age and states the following:
It is prohibited to employ women and boys under eighteen years of age
in industries or tasks that are considered dangerous and unhealthy,
which will be specified in a special regulation to be prepared by the
National Council for Childhood and Adolescence, in coordination with
the National Committee for the Progressive Eradication of Child
Labor-CONEPTI, in accordance with the provisions of the Code of
Childhood and Adolescence and international conventions ratified by
the country. (art.138)
Article 81 of the Childhood and Adolescence Code stipulates that
"Children and adolescents have the right to be protected by the State,
society and the family against labor and economic exploitation and any
form of slavery, servitude, forced labor or labor that is harmful to their
health", and Article 83 is clear in referring to child labor. 83 is clear
when referring to the eradication of child labor, within the section
there are mitigation programs to regulate labor activities in children
under fifteen years of age, so in theory there is a work regulated by the
State so that children are protected and eliminate their presence in the
streets.
On the other hand, there are organizations whose mission is to
eradicate abuse and child labor in the streets, such as the International
Labor Organization (ILO), in its action plan supports an international
program for the progressive elimination of child labor through the
identification of the worst forms of work to which children and
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adolescents are exposed, its action is decisive in promoting new
policies so that they can be rescued and rehabilitated.
Child labor is a social and humanitarian issue that has prevailed
throughout history. Despite advances in legislation and public
awareness, millions of children around the world continue to be
exploited for labor.
Poverty and economic inequality are issues that every State must have
on its agenda, combat their consequences and thus safeguard the
integrity of minors. "Poverty remains the main catalyst for child labor
in developing countries, where families are forced to resort to child
labor to subsist." (UNICEF, 2019)
Limited access to quality education, generates inequality in learning.
The lack of educational opportunities and the low quality of education
in certain regions perpetuate the cycle of child labor, as poor schooling
does not provide viable alternatives for children's futures." (Save the
children, 2015)
The American Convention on Human Rights and the Convention on
the Rights of the Child, among other treaties, also prohibit child labor
and recognize the right to protection and access to education for
children. (OAS, 2019). This phenomenon deprives children of their
fundamental right to education and the full development of their
capacities, condemning them to a cycle of poverty and exploitation.
The worst forms of child labor, such as trafficking for labor or sexual
purposes, exploitation in mines and agriculture, are particularly
alarming and must receive urgent attention from the international
community.
The causes of child labor are complex and multifactorial. Poverty is
one of the main factors that push families to allow their children to
work instead of receiving an education. In addition, the lack of access
to basic services, such as health care and adequate housing,
exacerbates the situation. In some cases, armed conflicts and natural
disasters force children to work in order to survive. Also, the lack of
effective implementation of laws and policies to protect children from
child labor is a common problem in many regions. Child labor has
devastating consequences for the children involved. In addition to
depriving them of their childhood, their physical and emotional health
is affected by long working hours and hazardous conditions. Lack of
access to quality education perpetuates the cycle of poverty and
damages their future opportunities. These children are also exposed to
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violence, abuse and trafficking, which severely affects their well-being
and psychological development (ILO, 2023).
Eradicating child labor is a shared responsibility of governments,
international organizations and society as a whole. Coordinated and
sustained action is required to address the root causes of this problem
and ensure that children are protected and have access to the
education and welfare they deserve. It is necessary to promote income
transfer programs to support vulnerable families, as well as to improve
the implementation and enforcement of laws prohibiting child labor.
It is also essential to raise awareness among the population to ensure
that employment opportunities for minors are responsible and ethical,
and to avoid supporting industries that employ child labor in high-risk
activities. Only through comprehensive action and collective
commitment can we aspire to a future where all children can fully
enjoy their childhood without the burden of forced labor (ILO, 2023).
Many authors committed to children's issues establish that there is a
violation of children's rights, but undoubtedly they all agree on a single
objective: to mitigate child labor, especially when there is an imminent
risk to their health, physical and psychological integrity. It is proposed
to identify the positions of the main actors that fight to prevail and
defend the rights of the most vulnerable, in this case children and
adolescents. Thus, the International Labor Organization (ILO) defines
child labor as "all work that deprives children of their childhood, their
potential and their dignity, and that is harmful to their physical and
psychological development" (ILO, 2023). (ILO, 2023).
UNICEF defines child labor as the deprivation of children and
adolescents to have a childhood and adequate development, causing
psychological and physical harm. Both the ILO and UNICEF have
similar visions that seek the elimination of child labor in any of its
manifestations, but it is important to emphasize that both
organizations delimit the type of work or activity and recognize the
worst forms of child labor as stipulated in ILO Convention 182, which
they would focus on mitigating. For its part, ILO Convention 138
proposes that states must identify the minimum age at which a minor
may engage in any type of labor activity, thus limiting the development
of children and adolescents.
Thus, we can identify different organizations that define child labor
from each of their perspectives, using variables that are related to the
worldview of the place where they can identify the present problem.
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On the other hand, the International Labor Office in its interest in the
elimination of child labor mentions that children under 18 years of age
who are involved in economic activities and/or perform tasks that are
not appropriate for their age, are interfering in their education and
physical and psychological development (ILO, 2017).
In this sense UNICEF defines child labor by mentioning the following;
it refers to any form of employment or work that deprives children of
their childhood, potential and dignity, and is harmful to their physical
and mental development." (UNICEF, 2019). The health and integrity
of the minor in any of the positions established by the aforementioned
international institutions requires comprehensive implementation in
the application of the legal framework, competent officials should
monitor and establish short, medium and long term goals. Based on
the reports and results, evaluate the performance of the agencies in
charge of eradicating child labor, as it states: "It consists of the
participation of boys and girls in paid or unpaid activities, which
prevent or interfere in their process of integral formation and adequate
development, and which places them in situations of vulnerability and
risk" (Alarcón, W. & Alarcón, W. & Alarcón, W. & Alarcón, W. &
Alarcón, W.). (Alarcón, W. & Rodríguez, L., 2009).
The Economic Commission for Latin America and the Caribbean from
its point of view makes known that, "It is characterized by the
participation of boys and girls in economic and production activities,
in conditions that negatively affect their health, education,
development and welfare, thus perpetuating inequality and poverty"
(ECLAC, 2014). The authors' positions comprise an address to the
economy of each family in conditions of poverty that influences child
labor as it states below. "The occupation of children in economic
activities that force them to abandon their formal education and
perform tasks that do not correspond to their stage of development,
violating their rights and limiting their future opportunities."
(International Journal of Child, 2018)
Child labor is not a new issue in society, since ancient times children
were used for forced labor such as agriculture, livestock and domestic
activities. In continents such as Africa they were traded and treated as
slaves, currently that continent has the largest number of children
working, according to data provided by the ILO there are about 41
million economically active children mostly performing agricultural
activities.(Borja, 2012)
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Historical information on the child population is limited, until the
industrial revolution is where relevant data begins to be recorded, as
mentioned by (Borja, 2012), in the undergraduate research with the
theme "child labor from the industrial revolution to the present", the
author states that children from an early age were forced to work from
the age of four and often in activities of high risk to health. Some
children submerged in poverty due to the abandonment and death of
their parents resorted to looking for work with salaries below 10 to
20% of what an adult normally earned at the time. Many activities had
to do with the cotton industry in a situation of extreme vulnerability,
so that many times they lost their hands and part of their limbs.
Due to this problem, some governments in Europe had already taken
action to promote the first laws in favor of workers and to improve
labor circumstances, which included the exploitation of children and
adolescents. In 1802, an attempt was made to establish legal
restrictions that would allow for the abatement of abuse, but no
encouraging results were achieved. Another unsuccessful attempt was
the reduction of working hours or age as a basis for employment. An
English physician named Thomas Percival was responsible for
proposing the first bill called the "Apprentices' Health and Morals
Act". Children considered apprentices could count on legal aspects and
a labor contract.
In Ecuador, the attention in terms of labor risk in adolescents between
15 and 17 years old is latent, apparently there is concern among
political and social actors. It must be recognized that until 2021
progress has been made in projects to eradicate child labor, therefore
the legal and constitutional route has been necessary to achieve
important achievements as recorded in the National Development
Plan, with proposals such as technical assistance to 56 GAD's, having
seventy-seven tables for the eradication of child labor, as well as a
significant number of people trained and sensitized and the creation
of the Network of companies with links in the campaign "for an
Ecuador free of child labor". Ministry of Labor (2017).
Child labor in Ecuador has been a recurring issue throughout its
history. According to data from the National Institute of Statistics and
Census (INEC) in 2020, it is estimated that more than 400,000
children and adolescents between 5 and 17 years old were found
working in various economic activities. This situation negatively
impacts their education, health and emotional well-being (INEC,
2018).
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There are social and state organizations that are responsible for the
eradication of child labor. For example, the State through the Ministry
of Economic and Social Inclusion (MIES) has made a call to combat
child labor from social spheres, government authorities and the family
itself to take action to prevent the normalization of child labor and
raise awareness of the importance of eradicating the exploitation of
children and adolescents.
The eradication of child labor has been used by political actors on
many occasions for populist purposes, marking as the axis of
government to combat poverty, in this sense to create a link of support
between society and the State to eradicate child labor as detailed in the
Code of Children and Adolescents in art. 83 states the following:
The State and society must elaborate and execute policies, plans,
programs and protection measures tending to eradicate the work of
boys, girls and adolescents who have not reached the age of fifteen. The
family must contribute to the achievement of this objective" (CONA,
2023).
It will be the challenge of every government and the family nucleus to
enforce public policies. Pacheco as quoted Molina,2014 states "Public
Policies are the actions of the State that dynamize economic structures
and processes in accordance with certain strategies with the objective
of supporting economic, social and political development."
Materials and Methods
The Ecuadorian State is responsible for protecting the family and also
for guaranteeing the most vulnerable the necessary support to ensure
a stable job, education, health and a dignified life. The Constitution of
Ecuador in art. 3 numeral 5 mentions the following: "Plan national
development, eradicate poverty, promote sustainable development
and equitable redistribution of resources and wealth, to access the
good life". In this sense, social, political and economic responsibility is
the formula to combat poverty in households, so that children can have
access to a good education and a childhood away from the streets.
On the other hand, the State under the Magna Carta will be responsible
for adopting the following measures so that children and adolescents
can enjoy legal security, as detailed in the Constitution of the Republic
of Ecuador:
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1. Attention to children under six years of age, which guarantees their
nutrition, health, education and daily care in a framework of
comprehensive protection of their rights.
2. Special protection against any type of labor or economic
exploitation. The work of minors under fifteen years of age is
prohibited, and policies for the progressive eradication of child labor
shall be implemented. The work of adolescents shall be exceptional,
and shall not violate their right to education or be carried out in
situations that are harmful or dangerous to their health or personal
development. Their work and other activities shall be respected,
recognized and supported as long as they do not harm their education
and integral development.
3. Preferential attention for the full social integration of those with
disabilities. The State shall guarantee their incorporation into the
regular education system and into society.
4. Protection and attention against all types of violence, mistreatment,
sexual exploitation or of any other kind, or against negligence that
causes such situations (art.46) Constituent Assembly of Montecristi
(2008).
It is evident that the regulation corresponds to the interests of the most
vulnerable, and the responsibility will fall on the governments in office
to assume this social reality that is formalized in the legal framework
in order to sanction those who would be promoting practices of
mistreatment and labor exploitation. The contribution of legislators is
fundamental in proposing drastic laws against child labor. The
Ecuadorian Institute of Statistics and Census (INEC, 2018) conducted
a research to determine the type of labor activity performed by the
child population between 5 to 17 years old, it is worth noting that the
purpose of the study comprises and identifies the forms of child labor
with the highest risk. Among the results obtained, it was determined
that there is 8.56% of child labor, with a higher percentage in children.
In addition, the provinces with the highest rate of child labor
conditions are shown, led by Cotopaxi with 25.1%, followed by the
province of Bolivar with 22.2% and Chimborazo with 21.0%. It is
important to highlight the provinces with the lowest rate of child labor,
such as the provinces of Oro, Santa Elena and Manabí with less than
5% of child labor. These data are alarming before the public
management and the entities that regulate the eradication of child
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labor and why not say before the eyes of the population that demands
justice and education.
State responsibility is fundamental to ensure the proper functioning
and performance of the agencies in charge of eradicating child labor.
The State must provide adequate resources so that these institutions
can carry out their activities in an efficient and sustainable manner. In
addition, the government is expected to implement control and
supervision measures to ensure the transparency and effectiveness of
their actions.
Results
The eradication of child labor is subject to the support of the State,
which is directly responsible for the application of the legal framework
and the development of public policies, and it must also work to
establish commitments before society in conjunction with the family
so that street children have opportunities to study. Training the
population on the dangers and consequences of child labor. By valuing
education and transmitting this value to children, we give them a
chance for a brighter future and reduce the likelihood that they will
become involved in child labor. When the family becomes a strong and
responsible unit, it can contribute significantly to the protection and
well-being of children. We can identify some ways in which the family
can help the State reduce child eradication in Ecuador. (Labor Code,
2023)
Parents and those closest within the family have the primary
responsibility to care for and protect children. This involves ensuring
that children receive adequate nutrition, medical care, education and
a safe and loving environment.
The family can promote children's education by ensuring that they go
to school and supporting their learning at home. Education is
fundamental to the development of children and adolescents as this
can help break the cycle of poverty and child eradication.
The family acts as a role model for children. If parents and caregivers
show empathy, respect, responsibility and problem-solving skills,
children will also learn and adopt these qualities, which can improve
their well-being and personal development.
The family can help prevent child eradication by identifying and
addressing situations of abuse or neglect. Fostering a safe and loving
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home environment reduces the risk of physical, emotional or
psychological harm to children.
Strong family bonds and emotional support are essential for the
healthy development of children. The family can provide an
environment where children feel loved, valued, and listened to, which
contributes to their self-esteem and emotional development.
The family can become involved in social and community programs
that are aimed at improving the living conditions of children and
adolescents at risk of eradication. These programs may focus on
providing financial assistance, medical care, education and emotional
support to families in need.
Families can also be involved in advocating for policies and laws that
protect and benefit vulnerable children. The coming together of
families can have a significant impact on creating an environment
conducive to child well-being.
Thus, the family is a fundamental pillar in the mitigation of child
eradication in Ecuador and in any society. By assuming its role of care,
protection and emotional support, and by actively participating in
social programs and promoting favorable policies, the family can work
together with the State to improve the lives of children and reduce the
risk of child eradication.
Childhood and Adolescence Code
The rights recognized in the constitution have not been mere
coincidence, the application of constitutional mechanisms have
allowed to obtain legal tools for the abuse of children and adolescents.
For example, the referendum of February 14, 2018, in question
number 4, which referred to crimes against minors never prescribe.
The child population as of the present referendum is legally protected
and it is understood that justice will act in a belligerent manner in
defense of the acquired interest.
The Childhood and Adolescence Code (in the third book it mentions
about the Decentralized System of Integral Protection of Children and
Adolescents) in art. 190 establishes the definition as an articulated and
coordinated set of organisms, entities and services, public and private.
The present code establishes three levels of the Decentralized National
System for the Integral Protection of Children and Adolescents.
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1.- Organisms of definition, planning, control and evaluation of
policies, which are:
a. The National Council for Children and Adolescents; and,
b. The Cantonal Councils of Childhood and Adolescence;
2. Organizations for the protection, defense and enforcement of rights.
They are:
a. The Cantonal Boards for the Protection of Rights;
b. The Administration of Specialized Justice for Children and
Adolescents; and,
Other organisms.
3. Policy, plan, program and project execution agencies. They are:
a. The public entities of care; and,
b. Private care entities (art.192) (CONA, 2023).
Children and adolescents have rights under the Code of Children and
Adolescents, which guarantees comprehensive protection by the state,
the family and society. These legal resources are exercised from
conception to 18 years of age, guaranteeing rights before the
competent authorities (CONA, 2023).
State agencies should support mandatory efforts to guarantee the
rights of children and adolescents and thus apply the best interests of
the child principle in all cases in which they are violated, as established
in the Code of Children and Adolescents:
The best interest of the child is a principle that is aimed at satisfying
the effective exercise of all the rights of children and adolescents; and
imposes on all administrative and judicial authorities and public and
private institutions, the duty to adjust their decisions and actions for
their compliance. (art 11, CONA).
The norm is clear and exercises on the child population a mechanism
of legal protection, and must be executed by the State and approved by
all public or private instances. Therefore, this is due to the fact that the
governmental actors execute and make their plans and projects a
reality, thinking about education, good nutrition and a full childhood.
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International organizations such as the ILO show interest and concern
in the worst forms of child labor such as prostitution, child trafficking
and slavery, among others. Art. 87 of the CONA establishes
prohibitions for adolescent labor that endangers their health,
education and physical and psychological integrity.
In Ecuador, current legislation provides the essential legal framework
to protect the rights of minors working on the streets. It is imperative
that enforcement agencies act in accordance with this code in any
context in which they operate. But every day we see many minors
selling on state roads, often risking their lives to bring food home.
Thus, there are organizations and alliances with the Ecuadorian State,
created to work on this problem that affects not only Ecuador, but
worldwide, the eradication of child labor has motivated a scenario of
continuous struggle to fight through plans and projects based on a
legal order so that children and adolescents have the opportunity to
study and have an adequate development in society.
Other international organizations and alliances
Ecuadorian legislation on child labor is based on international treaties,
such as the United Nations Convention on the Rights of the Child and
conventions of the International Labor Organization (ILO). These
regulations impose the legal framework for the protection of the rights
of children and adolescents and the prohibition of child labor in its
most dangerous forms.
Among the specific laws and regulations that address child labor in
Ecuador are:
ILO Conventions ratified by Ecuador, such as Convention 182 on the
worst forms of child labor.
Within the framework of international cooperation, several
organizations have focused their efforts on addressing child labor in
Ecuador. One of the most relevant actors is the International Labor
Organization (ILO). The ILO has worked closely with the Ecuadorian
government to implement programs and policies aimed at eradicating
child labor and promoting decent work for adults (ILO, 2023).
The fight against child labor has also been addressed through
international partnerships. UNICEF is a prominent example of an
agency that has formed partnerships with the government and other
non-governmental organizations in Ecuador. Its approach is based on
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prevention and protection of children's rights, seeking to raise
awareness in society about the dangers of child labor and to promote
access to education and basic services for vulnerable children and
adolescents (UNICEF, 2019).
Collaboration between international agencies and the Ecuadorian
government has yielded some significant achievements in the fight
against child labor. Child protection policies have been implemented,
and progress has been made in identifying and eradicating the worst
forms of child labor. In addition, monitoring and data collection
systems have been strengthened to measure the magnitude of the
problem and assess the impact of the results.(UNICEF, 2019)
However, significant challenges remain. Poverty and lack of
opportunities continue to be factors that push children and
adolescents into early labor. The lack of coordination between
different actors and government levels hinders the effective
implementation of policies and programs. Also, informal practices and
labor exploitation.
Agency control
In order to address this serious problem, the Ecuadorian government
has created specialized agencies responsible for formulating policies,
implementing programs and supervising actions aimed at eradicating
child labor. These institutions seek to coordinate efforts both at the
governmental level and with civil society organizations to ensure a
comprehensive and effective response.
Ecuador has established various regulatory bodies responsible for
monitoring and combating child labor in the country. These
institutions play a fundamental role in protecting the rights of children
and adolescents and in promoting a safe and healthy environment for
their development.
Ecuador's Ministry of Labor is one of the main regulatory bodies
responsible for enforcing labor laws, including those related to child
labor. The Ministry is responsible for establishing and implementing
policies and programs to prevent and eliminate child labor, as well as
monitoring working conditions and ensuring compliance with
children's labor rights.
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According to the report of the Ministry of Labor when referring to child
labor in 2021, various strategies have been implemented to combat
this issue, including labor work, awareness raising and training for
employers and workers, as well as the promotion of alliances with
organizations and civil society to address child labor in a
comprehensive manner (Ministry of Labor, 2021).
National Institute of Statistics and Census (INEC): INEC is the agency
responsible for collecting, processing and disseminating statistical
information in Ecuador. Its work is fundamental to understanding the
magnitude and characteristics of child labor in the country. Through
surveys and censuses, INEC collects data that allow it to monitor the
incidence and trends of child labor in Ecuador.
The Ministry of Economic and Social Inclusion (MIES): The MIES is
the agency responsible for formulating, coordinating and evaluating
public policies related to the protection and promotion of the rights of
children and adolescents in Ecuador. Through its programs and
actions, the MIES seeks to guarantee access to education, health, food
and other basic services for children in situations of child labor.
Competencies, Monitoring and Follow-up
The National Council for Intergenerational Equality conducted a
monitoring report on public policies in 2018 for the eradication of
child labor, based on the observance plan, the same that is responsible
for monitoring compliance with public policies, starting from threats
and violations of rights the same that has interference in the
institutionality of the State responsible for guaranteeing the principle
of equality and non-discrimination for girls, boys as adolescents,
young people and older adults ( CNII, 2018).
THE National Council for Intergenerational Equality is a body
approved by the Constitution of the Republic of Ecuador with the
purpose of ensuring the protection of the vulnerable population in
Ecuador, created through constitutional and international agreements
in defense of human rights.
The observance for the compliance of public policies consists of four
axes, the first is the collection of information, carrying out work teams,
analyzing the subject, then identifying the regulatory framework,
making a diagnosis of child labor and public policies. The second phase
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consists of the analysis of the information, identifying national and
international regulations as well as the progress in public policies and
defining achievements and challenges. The third phase is the
elaboration and validation through the main actors of the study
through detailed feedback in a report and the last phase of the process
is dissemination, which is responsible for socializing the results in both
public and private institutions ( CNII, 2018).
According to the data obtained in the report of the National Council
for Intergenerational Equality it was possible to identify that 8% of the
total population of children and adolescents between 5 to 17 years old
work in Ecuador, the largest number come from rural areas with
17.42% and a smaller number in urban areas with 2.57% ( CNII, 2018).
It is demonstrated that child labor in Ecuador has much to do with the
economic conditions that the country is going through and also the
Ecuadorian society, it depends a lot to be able to raise the statistics that
reflect the impact of policies and programs in the reduction of child
labor and exploitation. Thus, INEC in its study from 2007 to 2013
made a comparison of extreme poverty and child labor, showing
encouraging data with a reduction from 8.0% to 2.6%, thanks to
improved economic conditions in that period. From 2013 to 2018, the
margin grew again to 5.4%, which means that the economic conditions
in the country were reduced, which directly affected the child
population ( CNII, 2018).
Therefore, it is worth noting the importance of reducing the gaps
between extreme poverty and child labor is so it is necessary to define
public policies framed in the current legal regulations as well as
suggesting a referendum to reform the constitution in laws that
guarantee the rights of the most vulnerable in this case of minors who
work in extreme conditions with irrigation activities, as well as minors
who are exploited.
Discussion of results
The eradication of child labor is the struggle to preserve the integral
care and health of children and adolescents in the face of the economic
needs that they may face in their families. Poverty is a key factor in this
problem and if we ask ourselves who is responsible for it, perhaps the
responsibility will fall on the Ecuadorian state, as well as on the
performance of the officials responsible for executing the norms and
also in the application of the plans and programs established to
eradicate child labor.
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Non-governmental organizations and civil society play a key role in
raising awareness, promoting children's rights, and implementing
programs to support families in vulnerable situations. Preventing child
labor also depends on educating and empowering families and
communities to recognize children's rights and the negative
consequences of child labor on their development. Children and youth
themselves also have an important role to play in eliminating child
labor by knowing their rights, reporting abuses, and seeking
educational opportunities.
Legal regulations can include significant sanctions and penalties for
companies and employers that violate labor regulations related to
child labor. These sanctions can be a deterrent and help ensure
compliance with laws.
Conclusions
State responsibility in the control of agencies responsible for the
eradication of child labor is necessary to effectively address this
problem. Governments must make a clear commitment to
guaranteeing the rights of children and adolescents, establish sound
policies and provide the necessary resources to enable the agencies to
carry out their important work. Only through cooperation and joint
efforts can we move towards a world free of child labor and ensure a
decent future for generations to come.
The competence for the design and promotion of state policies to
eradicate child labor is an articulated work between the state through
inter-institutional agreements through the (MIES) Ministry of
Economic and Social Inclusion and the (MT) Ministry of Labor, it is
also important the international support of the (ILO) International
Labor Organization and UNICEF, agencies that provide technical
advice to the state with the design of standards that benefit children
and adolescents through the (CONEPTI) National Committee for the
Progressive Eradication of Child Labor. The results of the exercise of
the state agencies are quantified and evaluated by INEC through data
collection that allows for a real diagnosis of the impact of policies, and
thus be able to design laws that aim to completely eradicate child labor.
The State, the family and society are responsible for stopping the
increase of children on the streets and adolescents in precarious
working conditions. The State, as the main responsible, is in charge of
applying the laws established in the constitution to guarantee the
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health, protection and integral wellbeing of minors; the family is in
charge of supporting education, health and providing a dignified life
in the family environment; and finally, society is responsible for
ensuring that the rights of children are fulfilled and, if they are
violated, that the law is applied in each hierarchical order.
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