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Child Labor in Turkey-Research Paper

Child Labor in Turkey with laws and numbers

Running head: CHILD LABOR Child Labor ın Turkey Bogaziçi University Saime Kara 2012 What is child labor? Labor means practical work, especially which involves physical effort according to the Cambridge dictionary.Generally, any child who is employed in profitable activities considering moneyto sustain self or add to the family income is subjected to ‘child labor’. According to some sociologists,development workers, medical professionals, and educationists, child labor is a derogatory term which translates into child exploitation and inhumanity. They have also identified child labor as harmful and hazardous to the child’s development needs both mental and physical. Child labor is ongoing social problem and a universal fact prevailing in almost all countries. The International Labor Organization (ILO) estimates that 215 million children between the ages of 5 and 17 currently work under conditions that are considered illegal, hazardous, or extremely exploitative.The figure only gives a part of the picture. No reliable figuresof child workers are available, though they comprise a significant amount. Child Labor in Turkey Child labor is a serious problem in Turkey like some other developed or developing countries. In our country in the number 4857 of Work Law,child worker is defined as someone who finishes his or her 14 years while young worker is defined as someone who finishes his or her 15 years and child labor is defined as a kind of employment which harms children under18 years old physically, psychologically and morally. The rateof working children who are forced to work in Turkey is high in terms of size and coverage. Child labor now extends from children who work on the streets in urban areas to children who collect waste material that can be re-cycled from garbage bins, to childrenwho accompany their parents to cotton fields in Turkey.( Acar and Baykara,2007; Atauz,1990). According to the Child Labor Survey in 2006, 80 % of children working in economic activities earn less money than minimum wage. However, girls working in economic activities earnmuch more money than boys and this shows that there is a gender gap in even child labor. According to this survey,41.1 % of children who are 6-17 age group work in agriculture, 28.3 % of them work in industryand 21.4 % of children working in economic activities work in commerce and 9.2 % of themwork in household. 32.1 % of boys work in agriculture, 29.5 % of them work in industry and27.7 % work in commerce and 10.7 percent of them do in household while 58.3 percent of girlswork in agriculture, 26.2 % of them work in industry and 9.3 %of them work in commerce and 6.2 % of them do in household. In urban cities 43.1 % of boys working in economic activities work in industrywhile 55.8 % of girls work in industry. In rural areas 83.5 % of girls working in economic activities work in agriculture while 64.1 % of boys working agriculture. Agriculture According to surveys conducted by TUIK(Turkish Statistics Institution), the rate of children working in agriculture is the highestamong other economic activities. The high rate of girls working in agriculture is another datum which shows gender dimension in agriculture. According to TUIK data (2006), 53.5 % of children working in agriculture earn daily wage while43.7 % of them work near their family without no payment. For example, some children go to Adana in summer days to collect cotton from the fields and inturn of this, they earn money or children in Adana work in their fields with their family to collect cotton without any wage. Household Child labor consists of children who cook, wash clothes, cleaning, do shopping, and looking after babies, in other words, take responsibility in household works in addition to childrenworking in other economic activities. 53 % of girls who are 6-17 age groups work in household works while 33% of boys who are 6-17 age groups work in household works and this rate is higher than the rate in 1999. Much more than half of girls who are at the age of 15-17 work in household works. Girls are taking responsibility much more as long as they grow up owing to the belief that young ladies should do household works to help their mother and relieve their mother’s burden. Children working on the streets Children work especially as beggars, fresh bagel sellers or shoe-cleanersin the streets.In addition to these works, children is selling paper tissues, gums or other similar handy items such as pencils and lighter. There are no certain estimates of the number of children living and working on the streets. Non-governmental estimations are that 250 000 children work in the streets.Until detailed work is carried out to find out exact number, it would be very difficult to evaluate how prevalent the practice is. To illustrate, when one stops at red lights on the road, a child comes near the car and he or she tries to sell something or wash car glass. These examples are very prevalent in Turkey though they are so dangerous. Children collecting recyclables The number of children who work on the street by collecting recyclable waste materials from garbage bins is quite high. Collecting recyclable waste materials is definitely not unique to Turkey but it has emerged in the last 20 years as a very difficult form of child labor (Medina, 1997).The collection of such materials becomes particularly difficult when collector visits many garbage bins throughout the day and collects the material in a bigbag attached vertically to a metal cart. When the cart is partly or fully loaded, pulling the cartbecomes back-breaking work. The collectorhas to navigate through the streets and traffic, in all weather conditions, and the job becomes even more difficult(Altuntaş, 2003). A recentestimation puts the total number ofrecyclable waste collectors, adults and children combined at around 200 000(Soykan, 2007), with around 10 000 working in Ankara (Alkan, 2007).Several studies have recently been carried on the working conditions of recyclable waste collectors(Acarand Baykara, 2007; Altuntaş, 2003; Saltan, 2007). These not only illustrate how difficult this type of labor is for children, but also reveal the dynamics leading hugenumbers of adults and children to collecting recyclable waste. Trafficking the children Recently, there are no exact number of children who are trafficked to the cities and there is very little information of their working and living conditions. However, we can hear about themeveryday. To illustrate, two men were arrested for forcibly trafficking six children fromDiyarbakır to Istanbul. Three of children who are aged 13,15 and 16 were actually ’hired’ from their parents for a small amount of money. The other two boys who are both thirteen years old were firstlytricked by coming to Istanbul but then changed their mind. They were threatened with a knife, taken to the train and were kept in the train compartment during the entire journey.The parents of one of the kidnapped boys heard about what had happened and contacted their older son who lived in a province located on the railroad. The brother informed the police and boarded the train with them to identify his kidnapped brother. One of the two men wasarrested but the other one escaped with the other boys, only to be later arrested in Istanbul.The boys with him denied any charges and tried to convince the police that they were only taking a trip to see Istanbul(Tezel and Bel,2004). We can also say children work in manufacturing, mining, quarrying, hotels, and restaurants. Causes of child labor There are many reasons which force children to work but it should be known that these reasons are not related to children’s themselves. Yörükoğlu(2000) said that ‘There is no child who wants to work.’ According to the survey conducted in 2006, when the causes of child labor are analyzed, it has been found that 51.1 % of children work to contribute to family income, 17.4 % of them to learn work, 4.7 % of them to satisfy their needs work in economic activities, whereas 10.8 %of children are forced to work by their families. We can generally collect ‘poverty, education, traditional view and family role and demand for child labor’under the causes of child labor title. Mr.Madan, Deputy Director in the Ministry of Labor has been quoted as saying that ‘The children are required to seek employment eitherto augment the income of their families or to have a gainful occupation in the absence of availability of school goingfacilities at variousplaces.’ Poverty Poverty has the head role of child labor like other problems in our country. Turkey has a large population, now estimated to be around 75 million. The economy of it has had a major crisis every five years untilrecently. Current economic stability involves about 20 per cent unemployment and these lead to poverty. We can also show uneven income distribution, rapid population growth, migration, unplanned urbanization, not using revenues efficiently as subtitles of poverty in addition to unemployment and economic crises. These reasons force the families which have not enough income to work their children in economic activities.There are so many poor families that they have to send their children to work outside even if they know the job are very hazardous. Lakshapathi (1993) also indicates that ‘The first reason of child labor is chronic indigence.’ Poverty has been going on as a vicious circle for generations, which naturally leads to child labor. Education Childhood is a period which information taken can be stored easily. However, children working are generally not going to school.According to data which are determined by National Education Ministry, there are 16 million 264 thousands children who are at the age of 6 and 17 in Turkey. About 85 per cent of these children are going to school but about 15 percent of children cannot go to school. According to the survey conducted in 2006, 22.4 % of children who do not go the school cannot afford education cost, 15.4 % of them have failed in their lessons and 14% of them are not allowed by their family. Even if some children go to school, they can encounterfailure there. Thus, this failure leads the children to keep away from school. In a book named ‘InvestingEvery Child‘ by ILO, it is shown that the most important reason of child labor is having noalternative. This alternative is to be able to have ‘education’ and this education should be seen as attractive. Burra (1993) saidthat ‘Unproductive, boring and unpractical curriculum, the fact that learning is notactive but directive and insufficient teachers make children and their family disincline from education.’ Another point in education is the cost of it. Even if educationis free in Turkey, other educational necessities such as uniform, book sources, transportation make especially low-income families send their children to work outside than to go to the school. Traditional view and Family role Traditional and cultural patterns affect the problems of their societies very much and that’s way, child labor isdeeply affected by these factors. Normative attitudes against children, culturally specified roles, and children’s functions are among the determinant factors for child labor. For example, a child who is under 14 cannot work in an official economic activity in England. However, he or she can be accepted as a family worker(Rodgers and Standing, 1981). Another example of this fact is thateven if a family’s incomeis enough,the cause of their child’s working in Turkey is to discipline the child and save him or her from the street.He or she is not accepted as an industrial worker and this child working in industry is admired by society and it is thought that this child is not a worker; on the contrary he or she learns craft. In some regions of Turkey, girls are working in economic activities to save money for her dowry.Illiterate and ignorant parents do not understand the need for wholesome proper physical, cognitive and emotional development of their children and that’s way, they do not hesitate to send their children to work, in other words, these kinds of families see children’s working as a normal attitude. Demand for child labor The industrial revolution has had a negative effect on child labor by giving rise to circumstances which encourage child exploitation. Multinationals sometimes prefer to employ children workers in the developing countries. This is so because they can be recruited for less pay, no insuranceand there is no union problem with them. This attitude also makes it difficult for adults to find jobs in factories, forcing them to drive their little ones to work to keep the fire burning their homes (Ertürk, 1994) and we can also add the fact that children are more peaceful than adults and they work harder without any break than adults to demand for child labor. We can say that employers think children workers are more productive than adult workers so they prefer children workers for their benefit without thinking physical and emotional development of children. To illustrate,especially in carpet making and electronic areas, children workers are preferred because oftheir small fingers(Fyfe, 1989). In her speech, Dr.Akyüz said that ‘ Making children work in economic activities contributes to economy of the country deeply. Because children whowork in early ages and unhealthy conditions without work security cannot grow up enough to develop their body and brain, they will be less productive in their adult ages(2000)’. Risks in child labor Working conditions that are safe and healthy for adults may not be safe and healthy for children because of their physical differences. Risks may be greater for children at various stages of development and may have long-term effects. It is because thatfirstly, children experiences are less thanadults and they take less security education than adults; secondlythey more easily get tired and their concentration can be interrupted; thirdly unskilled and labor-intensive jobs may be risky and training and supervision may be inadequate; lastly work may be illegal and inappropriate.According toYörükoğlu (2000), ‘When a child starts to work, not only her or his health and body development but also his or her personality development are affected. Even if the child’s dexterity develops, his or her mental ability gets steady.’ One quarter of economically active children suffer injuries or illnesses while working, according to an International LaborOrganization survey of 26 countries. These kinds of risks and injuries are collected under the same title ‘physical and psychological effects ’. Physical effects Children are exposed to occupational accidents because of the fact that children’s attention can easily be distracted and machines in the job are generally designed according to adults(Bequele and Boyden, 1995). To illustrate, sharp tools can cut a child’s hands or when a child wants to lift a heavy things, he or she can hurt his or her muscles and skeleton. Under high atmosphere pressure, a child’s eardrum can burst and under excessive air conditions, flu,chill or heat prostration can occur. Environments which are not hygienic can lead a child to develop tetanus, skin or bowel illnesses. Chemical wastes, or drugs are the reasons for poisoning. Occupational accidents can even induce death. These kinds of examples can be increased with many kinds of true stories. Psychological effects Long hours of work on a regular basis can harm children’s social and educational development. Turkey adolescents who work more than 20 hours per week have reported more problem behaviors (e.g., aggression, misconduct, substance use), and sleep deprivation and related problems (falling asleep in school). They are more likely to drop out of school and complete fewer months of higher education. Children working may develop relationships with bad friends and this situation affects them. They may start gambling or even narcotic drugs. Children workers are also exposed to adults’ behaviors which have sometimes bad effects on children such as profanity, cigarette. Since children are working in the workplace or many hours, they cannot develop good relationships with their school mates and this leads to social exclusion. Legislation related to child labor in Turkey In Turkey, there are many protective statutory regulations governing the employment of children and there are legal deficiencies regarding this issue. Problems emerge mostly in the informal sector and in small-scale enterprises but not in the organized sector where regulations are implemented under guidance. Article 50 of the Turkish Constitutionprovides the most basic legal principle guiding the Turkish legislation for child labor. This article states that ‘No one shall be required to perform work unsuited to his age and that minors shall enjoy special protection with regard to working conditions.’ Furthermore, Labor Law No. 1475, Law No. 3308 on Apprenticeship and Vocational Training and Law No. 1593 on Public Hygiene contain other basic legal regulations for child labor. 1. Labor Act No. 1475 Paid leave rights of children are protected with Article 49 of the Labor Act which states: ‘The duration of annual leave to be granted to workers aged 18 years or under shall not be less than 18 days.’ Article 67 of the same Act clarifies the employment age and the prohibition of work for children as: ‘It shall prohibited to employ children under the age of 15. It shall be however, be permissible to employ children who have completed 13 years of age in such light work as not to endanger their health and development or interfere with their education or hamper their opportunities of following vocational guidance and training programs. The hours of work of children who are going to school shall be so arranged that they do not interfere with school attendance, and the hours spent in school shall be reckoned as part of the seven-and-a half-hour working day.’ Furthermore, Articles 68-69 and 78 impose prohibition to employ children under the age of 18 years for ‘underground or underwater work, night work or arduous and dangerous work.’ Article 80 of the Act imposes the condition of medical certificates for workers aged under 18 years and states that ‘ Before being admitted to any employment whatsoever, children aged 13-18 years (including those in their eighteen year) shall be examined by the practitioner attached to the undertaking or by the workers’ health service, in the absence of either, by the medical services of the nearest social security institution, health center or state or municipal on government institutions, in that order she or she shall be certified physically fit for the job to be performed, taking into consideration the nature and conditions of the work. Until they have reached the age of 18 years, such workers shall be subject to medical examination at least every six months in the same manner, to determine whether or not there is any danger in their continuing their employment. All such medical certificates shall be filed and produced by the employer on request by any competent official.’ 2. Apprenticeship and Vocational Training Act No. 3308 Paragraph a of Article 19 of Act no. 3308 on Apprenticeship and Vocational Training, enacted in 1986 stipulates that a person may be employed as an apprentice ‘ only if he or she has completed the age of 13, and has not entered the age of 19. ‘ According to Article 12 of the Act ‘ Apprentices should be provided with general and vocational training for up to 10 hours a week, depending on the nature of job, the minimum hours being 8 per week. Apprentices should be granted paid leave for attendance to such training.’ -Apprentices receive their practical training at worksites or at apprenticeship training centers and their theoretical training, in educational facilities or training units of worksites, determined by the Ministry. These two types of training will be planned and carried out in a complementary manner. -Practical training is to be carried out under the supervision of instructors in conformity with the requirements of the worksites and characteristics of the occupation. In the performance of practical training, provisions of Article 69 of Labor Act No. 1475 are taken into consideration. Article 11 of Apprenticeship and Vocational Training Act No. 3308 lays down the statutes of apprentices and specifies that ‘Apprentices, having the status of students, benefit from the rights granted to school attending students. Their number is in no way included into the number of workers at the worksites. Article 13 of the Act establishes the obligation of contract for apprentices. According to this provision: ‘Worksites subject to the provisions of Act no.507 are not allowed to employ persons below the age of 19 without a contract, in provinces and occupations determined by the Ministry. Before the employer considers recruitment of apprentices, it is obligatory to make a written contract with the guardian or tutor of the candidate or by the candidate himself if this latter is of full age. ’ Article 18 of the Act, it is further stated that ‘ an enterprise employing 50 or more workers shall provide skill training to vocational high-school students in a number corresponding tonot less than five percent and not more than ten percent of the number of its workers.’, thus bringing statutory enforcement for the training of children at enterprises. Article 24 stated that ‘ enterprises employing 50 and more workers and included in the scope of vocational training by the Ministry but not providing skill training are obliged to deposit funds for each trainee, each month during training term, the rate of 2/3 of the minimum wage payable to trainees who have completed their 18 years.’ In Articles 22 and 25 of the Act, there are provisions regarding the state of apprentices in cases of strikes and lockouts and on the wages of nominees, apprentices and students. The provisions of the articles are as follows: Article 22: ‘ In the event of strikes and lockouts, establishments will take the necessary measures for the continuance of training. Students receiving vocational training at worksites are considered beyond the scope of collective labor agreements, lockouts and strikes. The teaching staff is deemed outside the scope of lockouts and strikes. Article 25:’ Wages and wage increases payable to nominees, apprentices and students receiving vocational training are established by an agreement made between the enterprise and the apprentice or guardian of the apprentice if he or she is a minor and for students, between the employer and the training directorate in conformity with guidelines established by the Ministry. However, students and apprentices receiving training at worksites will be paid wages not lower than 30 percent of the minimum wage payable for his or her age. In the course of training provided to apprentices and students, the employer shall be held responsible for any occupational accidents and diseases arising from faulty management. Wages payable to students and apprentices ate exempt of all taxes.’ 3. General Health Care Act No. 1593 Article 173 of Act No.1593, dated 24.04.1930, states that: ‘ Children lower than 12 years of age cannot be employed as workers and apprentices at industrial sites, mining works, factories and manufacturing shops.’ ‘ Children aged between 12 and 16 years cannot be kept at work for more than 8 hours per day.’ Article 174 of the said Act also states that ‘Children aged between 12 and 16 years cannot be kept at work after 8.00 p.m.’ Article 176 of the same Act specifies locations where child labor is not allowed. ‘Employment of children below 18 years of age at sites such as bars, coffee houses, dancing halls, cabarets, casinos and public baths is prohibited by local authorities.’ Article 179 of the afore-mentioned Act specifies that: ‘It shall be made specific in the Labor Act which works are detrimental to health and dangerous for women and for children aged between 12 and 16 years.’ Studies about children working in Turkey International Program on the Elimination of Child Labor(IPEC)’s aim is the progressive elimination of child labor worldwide, with the eradication of the worst forms an urgent priority. Since it began operations in 1992, IPEC has worked to eliminate child labor several ways: through country-based programs which promote policy reform, build institutional capacity and put in place concrete measures to end child labor; and through awareness raising and mobilization intended to change social attitudes and promote ratification and effective implementation of ILO Child Labor Conventions. These efforts have resulted in hundreds of thousands of children being withdrawn from work and rehabilitated or prevented from entering the workforce. Complementary to this direct action throughout has been substantial in-depth statistical and qualitative research, policy and legal analysis, program evaluation and child labor monitoring, which have permitted the accumulation of vast knowledge base of statistical data and methodologies, thematic studies, good practices, guidelines and training materials. IPEC started to be carried out in Turkey according to protocol signed between International Labor Organization (ILO) and Social Security Ministry in November, 1992.Many public and civil institutions take closely care of children working and look for solutions for child labor in Turkey for a while. These are: Labor and Social Security Ministry: It has the responsibility of planning and developing policies about child labor.It also controls children’s working conditions and watch working children’s general situations. M.E.B Apprenticeship Education General Management: Its aim is to check working places with their educators. TÜRK-İŞ: It aims to develop institutional capacity and public sensibility against child labor. TESK: Turkish Craft and Related Trades Workers FİŞEK Health Institution: It gives health services to children and watch and interfere with children’s working conditions. Ankara, Istanbuland Diyarbakır Municipality: They are like rehabilitation centers and they give education and counseling in different topics to children. IDGG: Its aim is to suggest apprenticeship institutions about their education and control working places. SHCEK: Its aim is to watch working children’s conditions and offer services about solving their problems. Solutions for child labor Experience shows that a combination of economic growth, respect for labor standards, universal education and social protection, together with a better understanding of the needs and rights of children, can bring about a significant reduction in child labor. Child labor is such a stubborn problem that even if overcome in certain places or sectors, opportunities will be sought out to reappear in new and often unanticipated ways. The response to the problem must be as versatile and adaptable like child labor itself. There is no simple, quick fix for child labor. There are many interlinked explanations for child labor. No single factor can fully explain its persistence and, in some cases, growth. The way in which different causes, at different levels, interact with each other ultimately determines whether or not an individual child becomes a child labor. According to the survey conducted in October,1995, it was shown that education is a crucial component of any effective effort to eliminate child labor. Non-formal education (NFE) is crucial in smoothing the transition from work to school for child laborers who are not ready or able to make the move straight from the workplace to formal school. NFE programs that combine basic education with practical life and work skills are responsive to the needs of former child laborers, enabling them to reenter the labor market later and in better jobs. The government should give free education to all children and children working should be staged to schools. Families must make a claim for their children’s education right. In recent years, Turkey has a very important development about limiting child labor thanks to compulsory education. Rates of schooling in a year rise from 90.6 % to 96.1% in primary education, from 49 % to 72.4% in secondary education and from 36.8% to 43.4% in higher education. Rate of schooling is 20.1 percent in 2006-2007 education years. Many searches say that children have to work to contribute to family income. That’s why; firstly economic precautions which will develop level of family income should be taken into consideration to eliminate child labor. Uneven income distribution shouldimmediately be fixed and organized as an equal distribution by the government. Minimum wage known as also ‘holly income’should be suitable for today’s conditions. Unemployment should be tried to prevent by the government with workfare projects. According to ILO indenture, job security should be given to workers and unemployment insurance should be made and illicit work should be solved immediately by the government(CSGB, 1995). It is thought that the more women are employed, the more child labor decreases. As we consider rapid population growth is one of the causes of child labor, the government should take precautions to decrease level of population growth and make some studies such as family plan. Job supervision should be provided with legal reforms. This job supervision should try to prevent children from working in bad conditions and it should control employers. Labor unions should be aware of child labor and they should enhance children’s working conditions. These labor unions also should make some projects and campaigns about limiting child labor by prompting other labor unions. They should acquaint unionists, employers and children working with job health and security, apprenticeship education related to legal reforms in Turkey.Unions and grassroots groups are increasingly recognizing direct connections between worker rights and the fight against child labor. Recognizing child labor as a violation of children's and workers' rights, trade unions are joining with families and community organizations to combat child labor, to move children out of work and into school, and to support core labor standards. Local governments and institutions should take care of child labor and make new projects by benefiting from developed global patterns. They should also give services education to children working in streets. Another solution for child labor is social tagging products about whether child labor is used or not (İnan, 2002). It is thought that by tagging products, consumers do not want to take these products because of the fact that they have a guilty conscience if they see tagging. Demographical table of child labor in Turkey The new ILO global report, entitled Accelerating Action against child labor, presents detailed estimates. Progress was greatest among children aged 5-14, where the number of children working fell by 10 per cent. Child labor among girls decreased by 15 per cent; whereas it increased among boys by 8 or 7 per cent. What’s more, child labor among young people aged 15 to 17 increased by 20 per cent, from 52 million to 62 million. Rate of child labor decreased with approval of IPEC in 1992,Turkey. According to the surveys conducted by Turkish Statistics Institutional, in our country while the number of the working children who are 6 and 17-year-old was 2 million 269 thousands, this number decreased 1 million 630 thousands in 1999 and 958 thousands in 2006. According to the same survey, while the number of children who are 6 and 14 years old is 958 thousands in 1994, this number decreased 609 thousands in 1999 and 318 thousands in 2006. Conclusion Child labor refers to using children in workplaces and benefiting from them regardless of the fact that they are just children. Child labor is a bleeding wound of humanity and it is seen as a problem all around the world. It is estimated that 215 million children between the ages of 5 and 17 are working inagriculture, household works, streets by selling goods or collecting recyclable materials, manufacturing, mining, quarrying, hotels, and restaurants. When loot at the causes of child labor, poverty, education, traditional view and family role and demand for child labor are the head roles of child labor in Turkey. Making children work in bad conditions has some negative physical and psychological effects on development of children. Though child labor is so common in Turkey, there are many laws against child labor in Turkish Constitution. That’s way; we can simply say that children’s working is illegal in our country. Solutions for child labor can be through the government, labor and trade unions and many other organizations in addition to laws related to child labor, which are fighting against child labor. The recent demographical table of child labor in Turkey is that the rate of child labor is decreasing day by day thanks to IPEC’s projects about eliminating child labor, laws passed and forced education by the government. REFERENCE LIST About child labor.( 1996). http://www.ilo.org/ipec/facts/lang--en/index.htm Causes of child labor.( 2008). http://www.childlabor.in/causes-of-child-labour.htm Child labor laws.( 2008). http://www.childlabor.in/child-labour-laws.htm Child labor statistics. 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