_Regulation of Child-Labour._--Of all working conditions, those
affecting child-labour are perhaps most unrighteously regulated.
The relationship between the protection of child-labour and the
protection of other kinds of labour is analogous to the relationship
between the sections of criminal law dealing with youthful offenders
and those dealing with adult criminals. It is an actual fact that
legislation for the protection of adult workmen originated in the
protection of child-labour. It was in England, the true fatherland of
the factory system, that the regulation of child-labour first made
its appearance. The first English law for this purpose was passed in
the year 1802. Even as early as this it was necessary to intervene
for the protection of child-labour, for at that time the conditions
were perhaps the worst in the whole history of child-labour. The
individualist state, being already to some degree permeated by
socialist ideas, protects women’s labour and child-labour. But
this protection, like that of labour in general, was not in any
way based upon ethical considerations; it arose simply from the
need to protect the working capacity of the labourers considered as
profit-making tools. Moreover, in many countries, the regulations for
the protection of labour are for the most part evaded or ignored by
the employers.
In the more advanced countries, but only in these, we find the
following legislative provisions for the regulation of child-labour.
Child-labour and compulsory school attendance are contradictories. If
merely in the interest of the protection of child-labour, the State
must ordain that every child shall attend school from the age of six
to the age of twelve, and must employ every means in its power to see
that the duty of school attendance is never evaded. Regulations are
made for the prevention of mendicancy by children. In addition, the
State prescribes the conditions under which children may perform in
public (in the theatre, the concert-room, the music-hall, the circus,
&c.). The general groundwork of these regulations is that children
under fifteen shall not appear in public for money at all, and those
over fifteen only by special permission of the local authorities.
Apprenticeship is also subject to State regulation. Before the
indentures are signed, it is necessary to obtain the consent of the
local authority, and there must be a written contract between the
child’s legal representative and the master. The master must employ
the child only upon suitable work, and must provide proper housing,
food, and education for the apprentice; the apprentice must live
in a place altogether apart from the workshop, and must attend an
apprentices’ or continuation school; the master has no right to
inflict corporal punishment. What has been said about apprentices
applies in some degree also to juvenile domestic servants. The State
regulates child-labour in the larger workshops and in factories. The
Public-domain text, read in full here on John Shaqi.
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