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Gibraltar


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2012 Findings on the Worst Forms of Child Labor

In 2012, Gibraltar made a significant advancement in efforts to prevent the worst forms of child labor. While there is no evidence of a problem, the Government has made meaningful efforts to strengthen its preventive legal framework to protect children from exploitative labor. The Government enacted the Crimes Act of 2011, which includes child labor provisions. The new Act outlines prohibitions on human trafficking for the purposes of sexual exploitation and broadens protections from commercial sexual exploitation of children to cover both boys and girls. The law does not appear to protect children ages 16 and 17 from hazardous work.

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Prevalence and Sectoral Distribution of the Worst Forms of Child Labor

There is no evidence that children in Gibraltar are engaged in the worst forms of child labor.(1, 2)



Laws and Regulations on the Worst Forms of Child Labor

Gibraltar follows the child labor laws of the United Kingdom.(1)According to the British Children and Young Person’s Act of 1933, a child can start working part-time at age 14 and full-time at the end of the school year in which the child will be age 16. The Government of Gibraltar’s Working Time Act prohibits children under age 16 from performing activities that are dangerous to their life, health, or morals.(3, 4)The law does not appear to protect children ages 16 and 17 from hazardous work.

The Gibraltar Constitution Order of 2006 prohibits slavery and forced and compulsory labor.(5) In November 2012,the Government enacted the Crimes Act of 2011. The Act explicitly prohibits cross-border human trafficking for the purposes of sexual exploitation. (2, 6) It is unclear whether the law similarly prohibits cross-border trafficking for the purposes of labor exploitation.Unlike the previous Crimes Act, which has been repealed, the new Act protects both boys and girls from commercial sexual exploitation, including in the forms of prostitution and pornography.(2, 6) No information was found to suggest that laws exist prohibiting the use of children in illicit activities.

The recruitment age for the Royal Gibraltar Regiment is 16.(7)

Education is compulsory through age 15. Primary and secondary education is free to all residents of Gibraltar.(8, 9)



Institutional Mechanisms for Coordination and Enforcement

Since there is no evidence of a problem, there appears to be no need for a coordinating mechanism to address the worst forms of child labor.



Government Policies on the Worst Forms of Child Labor

Since there is no evidence of a problem, there appears to be no need for policies to address the worst forms of child labor.



Social Programs to Eliminate or Prevent the Worst Forms of Child Labor

Since there is no evidence of a problem, there appears to be no need for programs to address the worst forms of child labor.



Based on the reporting above, the following actions would advance the elimination of the worst forms of child labor in Gibraltar:

Area

Suggested Actions

Year(s) Action Recommended

Laws and Regulations

Amend the law to protect all children under 18 from hazardous work.

2012

Clarify whether laws exist regarding the use of children for drug trafficking or other illicit activities.

2011, 2012

Ensure the law protects children from trafficking for any purpose, including for labor exploitation.

2012



1. U.S. Embassy- London. reporting, January 16, 2009.

2. U.S. Embassy- London. reporting, January 31, 2013.

3. Gender, Equity, And Rural Employment Division. Children's Work in the Livestock Sector: Herding and Beyond. Rome, Food and Agriculture Organization of the United Nations; 2013. http://www.fao.org/documents/en/detail/307941.

4. Government of the United Kingdom of Great Britain and Northern Ireland,. Children and Young Persons Act 1933, enacted April 13, 1933. http://www.legislation.gov.uk/ukpga/Geo5/23-24/12.

5. "Labor Rights and Wrongs." Fiji Times, Suva, March 13, 2007; Features. http://www.fijitimes.com/story.aspx?id=58705.

6. Government of Gibraltar. Crimes Act 2011, enacted November 23, 2012. [Source on file].

7. The Royal Gibraltar Regiment. Requirements, The Royal Gibraltar Regiment, [online] [cited May 2, 2013]; http://www.royalgibraltarregiment.gi/careers_regular_army_requirements.php.

8. UN Economic and Social Council. Implementation of the International Covenant on Economic, Social and Cultural Rights: Fifth periodic reports submitted by States parties under articles 16 and 17 of the Covenant: United Kingdom of Great Britain and Northern Ireland: Overseas Territories. New York, United Nations; February 14, 2008. Report No. E/C.12/GBR/5/Add.2. http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G08/404/99/PDF/G0840499.pdf?OpenElement.

9. U.S. Embassy- London official. E-mail communication to USDOL official. June 6, 2012.