Abstract
This dissertation examines the comparative efficacy and enforcement of child labour laws in Ghana and South Africa, in accordance with international labour law and international children’s rights standards. Ghana and South Africa are parties to key international conventions that regulate labour law and children’s rights yet continue to encounter substantial problems with child labour. In terms of international labour law, the Minimum Age Convention, 1973 (No.138) and Worst Forms of Child Labour Convention, 1999 (No.182) are the two important International Labour Organisation Conventions that set the minimum standards to elaborate the protection of children’s rights. International human rights law also plays a notable role in the protection of children’s rights through the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. A clear comparison is drawn between how Ghana and South Africa have domesticated their national legislation in accordance with important Conventions. The dissertation also takes into account how Ghana and South Africa have implemented their enforcement mechanisms to combat child labour. Different suggestions of ILO supervisory bodies are taken into account to monitor compliance in the two states. Supervisory bodies have drafted recommendations with regard to reports submitted by the states. The Committee of Experts on the Application of Conventions and Recommendations has recommended that the state intensify methods used to combat child labour. The Committee on the Rights of the Child advocates for more comprehensive programmes while the African Committee of Experts on the Rights and Welfare of the Child requires more measures to be taken to prevent child labour. A conclusion that is drawn from the study is that in order for states to comply with their obligations under international law they must take other measures in addition to legal measures to stop child labour. There must be government interventions in both states to curb the persistence of child labour. For these interventions to be successful, the culture of the people should be taken into considered. This will help to prevent individuals from seeing child labour as a cultural practice and ensure that the law prohibits child labour as a cultural practice.