Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Minimum Age Convention, 1973 (No. 138) - Nicaragua (Ratification: 1981)

Article 2(3) of the Convention. Age of completion of compulsory schooling. The Committee previously noted the measures taken to improve the functioning of the education system, in particular access to free primary and secondary education and the adoption of a National Education Strategy (2010–15). In view of the fact that the 2006 Education Act provides that schooling is compulsory only up to the age of 12, the Committee strongly encouraged the Government to take the necessary steps to ensure that the age of completion of compulsory schooling coincided with the minimum age for admission to employment or work, namely 14 years.

The Committee notes with regret that the Government’s report does not contain any information on the steps taken to make the age of completion of compulsory schooling coincide with the minimum age for admission to employment or work, namely 14 years. The Committee notes that, even though article 121 of the Constitution of Nicaragua provides that primary education shall be free of charge and compulsory, section 19 of the 2006 Education Act states that schooling is only compulsory up to the sixth year of primary school (namely, up to about the age of 12). In this regard, the Committee is bound to remind the Government once again that if compulsory schooling comes to an end before children are legally entitled to work, a vacuum may arise which regrettably opens the door for the economic exploitation of children (see General Survey of 2012 on the fundamental Conventions, paragraph 371). Considering that compulsory education is one of the most effective means of combating child labour, the Committee once again requests the Government to take the necessary steps to guarantee compulsory schooling up to the minimum age of admission to employment or work, namely 14 years. It also requests the Government to pursue its efforts to raise the school attendance rate and reduce the school dropout rate in order to prevent the labour of children under 14 years of age. It requests the Government to provide information on progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.