Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 138) sur l'âge minimum, 1973 - Argentine (Ratification: 1996)

The Committee notes the observations on the application of the Convention of the General Confederation of Labour of the Argentine Republic (CGT RA) and the Confederation of Workers of Argentina (CTA Autonomous), received on 27 August and 3 September 2024 respectively. The Committee requests the Government to provide its replies in this regard.

Article 1 of the Convention. National policy for the effective abolition of child labour. The Committee notes the Government’s indication in its report that: (1) within the framework of the Federal Strengthening Programme for the Eradication of Child Labour, several training activities on child labour were organized, aimed at, among others, members of the Network of Enterprises against Child Labour and officials and teams from the Provincial Commissions for the Prevention and Eradication of Child Labour (COPRETI); and (2) with ILO assistance, the IV National Plan for the Prevention and Eradication of Child Labour and the Protection of Work by Young Persons 2024–28 was developed.

The Committee notes that, according to the CGT RA, the National Committee for the Eradication of Child Labour (CONAETI) is almost inactive, does not organize tripartite meetings and does not implement the IV National Plan for the Prevention and Eradication of Child Labour and the Protection of Work by Young Persons 2024–28. The Committee also notes that, in its observations, CTA Autonomous and the CGT RA refer to the Child Labour Indicator Survey (2017–22) of the Argentine Social Debt Observatory (ODSA), which shows that in 2022 child labour in the country was at pre-pandemic levels, when it reached 14.7 per cent. The Committee encourages the Government to continue its efforts to eradicate child labour, including within the framework of the IV National Plan for the Prevention and Eradication of Child Labour and the Protection of Work by Young Persons 2024–28. It requests the Government to provide information on the measures adopted in this respect and on the impact of those measures and the training carried out. 

Article 2(3). Compulsory schooling.  The Committee notes the Government’s indication, in response to its previous comments, that early participation in productive activities is a complex and multifaceted social problem determined by many factors, including macroeconomic conditions, labour market characteristics, social protection coverage, household characteristics and conditions, and educational opportunities.

The Committee also notes that CTA Autonomous and the CGT RA observe that, for children who work, the problems persist in accessing, staying in and completing schooling years and levels. CTA Autonomous also indicates that: (1) while 14 per cent of children between 5 and 17 years have some kind of gap in their education, this rate rises to 35 per cent for children who work; and (2) among children who work, school repetitions, late arrivals and frequent absences at school occur more often than for those not engaged in productive work, irrespective of whether the work is for the market, household consumption or domestic or intensive care work.

The Committee notes with concern that children under the minimum age are engaged in work which prevents them from attending school regularly, achieving a good educational performance and benefiting from the education received. Therefore, the Committee requests the Government to take all the necessary measures to ensure that all children under the minimum age for admission to employment can effectively complete compulsory schooling. The Committee requests the Government to provide concrete and up-to-date information on the situation of children under the minimum age for admission to employment who are carrying out work that prevents them from attending school. 

Article 7(1). Light work. The Committee notes the lack of information provided on this point and it therefore once again requests the Government to provide information on the measures taken to: (i) identify the causes that lead children, even under the minimum age to undertake light work, to carry out activities that exceed the maximum number of hours established by the national legislation; and (ii) ensure that only children over 14 years of age undertake light work and that in no case does such work exceed the number of hours permitted by national laws and regulations (up to 15 hours a week).

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