Child Labour and the Violation of Child Rights: A Case Study of Kenya

ABSTRACT

The study attempts to determine the extent to which child labour constitutes a violation of

child rights. The intemational documents, especially the CRC, depart from the universal

conception of childhood, making children all over the world the same and deserving

similar treatment, more so claiming their rights. Using the case of child workers in Kenya,

it examines the notion of childhood which f01ms the basis to any child rights claims.

Employing the cultural politics of childhood, the essay argues that childhood on which

child rights are founded is a contested notion. Children are valued differently in all

societies across the world.

Additionally, the thesis argues that education proposed as a panacea for child labour is also

a contested field as its aims and values vary across societies. The westem education system

may not be the ideal for the lives of children working on tea and tobacco estates. Thus, the

basis on which child rights are based, and the proposition of schooling as solution remain

problematic in the abolition of child rights. The thesis concludes by recommending the

capability approach which provides an altemative to the understanding and protection

human rights, children's rights included. In the capability approach, the end (substantive

opportunities) must be achieved freely (freedom ofprocesses) through the most efficient

and available means of sustaining economic life, security and welfare of people. The

capability approach treats human rights and education from a holistic perspective.

Key words: child, child labour, child work, child rights, CRC,poverty, childhood, cultural

politics of childhood, values, education, capability approach