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The Nature Of State Obligations In Relation To Child Labour: Choosing Prosecution Over Protection

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Chapter Summary

In the past decade, there has been a significant expansion of international legal measures designed to address the problems of exploitative child labour. New measures addressing issues of child labour have imposed new positive obligations on States. This chapter discusses the two key areas of State obligations. The first is the set of obligations which have effective criminal law measures, including obligations to establish jurisdiction over crimes committed outside the State's territory in some cases, and the obligation of international co-operation in the investigation and prosecution of crimes involving these forms of child labour. The second is the set of obligations to protect children who have been victims of abusive child labour, including obligations to provide asylum or residence to such children, to provide rehabilitation measures and to provide compensation or civil remedies.

Keywords: child labour; criminal law measures; international co-operation; jurisdiction; State obligations



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