Defining domestic work as a worst form of child labor in the context of R.A. 9231

• Main Authors: Baldeo, Rexcia Maria B., Exchaure, Iris Katrine M.
• Format: text
• Language: English
• Published: Animo Repository 2010
• Subjects: Commercial Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/17810
• Institution: De La Salle University

Child domestic work is a distinctive and integral feature of Philippine society deeply entrenched in the history and culture of the Filipino people. However child domestic work is often overlooked and neglected not only by the government but by our society as well. They are often neglected and failed to be recognized. Over the years, several agreements, codes, declarations and laws have been enacted to protect the rights and welfare of the children, particularly of working children. Despite all the laws adopted, child labor remains a reality in society especially in the domestic work settings. Republic Act 9231, otherwise known as An Act Providing for the Elimination of the Worst Forms of Child Labor and Affording Stronger Protection for the Working Child provides for special protection to children from all forms of abuse, neglect, cruelty exploitation and discrimination, and other conditions prejudicial to their development including child labor and its worst forms. In addition, Section 3 of this Act includes a list of the worst forms of child labor which are considered as illegal. Under Republic Act 9231, child domestic work was not specifically defined as one of the Worst form of Child Labor considering that it can be a worst form by looking at the circumstances and conditions. Moreover, the uncertainty of the definition of domestic work and lack of protection of the Philippine laws lead to insufficient protection of R.A. 9231. This study will look into the provision of R.A. 9231, Section 3, in relation to child domestic workers. It will look at the nature and condition of child domestic work if it should be considered as one of the worst forms of child labor. The study will be supported by applicable Philippine laws and International Conventions for the recognition of the proper role and place of children in the society. The role of the government agencies such as DOLE and DSWD in regulating child domestic workers will also be assessed. As established in the study, although there are provisions on the protection, only few deals specifically with child domestic workers and address the nature and condition of their work. As a group, these children are not seen as vulnerable the worst forms of child labor. Hence, there is a need of consolidated piece of legislation for the full protection of child domestic workers wherein legal definition is given to domestic work, domestic workers wherein legal definition is given to domestic work, domestic workers and child domestic workers.