Child labour in show business in Europe: legal status and protection of the rights of child actors, singers and models

Child labour in show business in Europe: legal status and protection of the rights of child actors, singers and models

25.02.2024

Oleg M. Yaroshenkoa, Tetyana Ye. Kaganovskab,

Natalya M. Vapnyarchukc, Andrey M. Sliusara,

Valeriy O. Velychkod

 

Child labour in show business in Europe:

legal status and protection of the rights of child actors, singers and models**

 

DOI: 10.26350/18277942_000164

 

Summary: 1. Introduction. 2. Material and Methods. 3. Results. 4.Discussion. 5. Conclusions

 

 

  1. Introduction

 

Modern society is increasingly interested in human rights and social responsibility. Protecting the rights of children in the entertainment industry is becoming part of the social agenda and public debate. Child labor is the involvement of children in work regularly. Recently, in most countries, child labor has been seen as a form of exploitation and is recognized as illegal. In the past, child labor was widespread, but with the emergence and recognition of the concepts of labor protection and children's rights, the scale of child labor is gradually decreasing.

The UN and the International Labour Organization consider child labor to be exploitation. Article 32 of the Convention on the Rights of the Child[1] guarantees the right "to be protected from economic exploitation and from performing any work that is likely to be hazardous to health or to interfere with the child's education or to be harmful to the child's health or physical, mental, spiritual, moral or social development". The issue of legal regulation and labor protection of minors is very relevant in the context of modern society, as cases of abuse of law by employers when employing minors are of great concern. It should be noted that in the legislation of most countries of the world, the regulation of labor of minors is allocated to a separate institution, the norms of which must comply with international standards and provide special protection and security for this category of employees.

The relevance of the topic lies in the fact that the labor relations of minors in the field of show business are insufficiently regulated given the specifics of this type of social activity. The European Union and its member states have committed themselves to complying with international standards for the protection of children's rights, such as the UN Convention on the Rights of the Child. This includes measures aimed at children working in the entertainment industry. Legislative initiatives can be taken at the European Union (EU) and national level to strengthen legal safeguards and protection for children involved in show business. Industry associations and organizations can contribute to the creation and improvement of professional standards to protect the rights of child actors, singers, and models.

Increasing attention to the psychosocial well-being of children involved in the entertainment industry is becoming a key issue and EU authorities can take this aspect into account when developing and improving policies. In the context of these factors, the EU authorities and national governments continue to work actively to develop and improve policies and legislation aimed at protecting the rights of children in the entertainment industry. The lack of regulation of this institution is one of the reasons for the unfair use of children's creative labor by employers in this area. Given the dependence of the level of child labor on socio-economic factors, it should be noted that the problem of child labor is particularly relevant. Many scientific works, including such scholars as H. Miao[2], M.A. Masterson[3], N.P.R. Yuliartini[4], R. Rodrigues[5], M. Liebel[6] are devoted to this issue. The purpose of the article is to study the issue of protection of the rights of minors as subjects of labor relations in show business, to determine the regulatory framework for such labor in the European Union, and to outline the prospects for the development of the protection of labor rights of children in creative and creative professions.

 

  1. MaterialandMethods

 

The reliability of the research results is ensured through the use of a combination of philosophical, general scientific, and special legal methods. The methodological design of the study is based on a systematic analysis, which helped to identify the areas of research into the legal mechanism for the protection of children's labor rights. The systemic-functional method made it possible to define the content of children's labor rights and to study the mechanism of their protection as an integral dynamic system that is in the process of constant development. The dialectical method made it possible to establish the legal basis for the mechanism of protection of children's labor rights in the field of show business and also made it possible to consider the problems of protection of labor rights of minors in the creative and entertainment spheres in their development and interconnection. With the help of the logical-systemic method, the author formulates and deepens the conceptual framework used in the study.

The formal-dogmatic method was used to carry out a substantive analysis of the concept of the legal status of child labor and to define and characterize the procedures for protecting children's labor rights. The structural-functional method made it possible to analyze the status and functions of the entities ensuring the protection of children's labor rights in the European Union. The comparative legal method was used to study the best practices of foreign countries in the field of protection of the labour rights of minors in the field of show business. The methods of classification, grouping, and the system-functional method were used to study modern approaches and principles of ensuring the exercise of labor rights of minors, and international standards and guarantees in the field of regulation of labor relations involving minor employees were identified.

The theoretical and prognostic method is used to substantiate the role of the State in supervising and controlling compliance with labor legislation for underage workers and international legal protection of the rights of underage workers as a guarantee of labor rights at the national level. The techniques of this method are analysis and synthesis, induction and deduction, as well as generalization, comparison, analogy, and modeling; formally dogmatic (technical and legal), its purpose is to analyze current legislation and the practice of its application by state authorities, to identify external, obvious aspects of legal phenomena without penetrating the internal essential parties and connections. This method is used to analyze the essence and content of the current legislation of European countries and the practice of its application. The application of the methods of analysis, modeling, and synthesis made it possible to formulate proposals for improving and developing the sphere of protection of labor rights of children in creative and entertainment professions.

 

  1. Results

 

Regarding the labor of minors, the International Labour Organization has paid considerable attention to the implementation of this right, having adopted several conventions and recommendations to ensure the right to work and its protection for this category of workers. The International Labour Organisation particularly regulates the age at which a person may be employed. Thus, the Minimum Age Convention, No. 138, stipulates that the minimum age for employment shall not be lower than the age of completion of compulsory schooling, and in any case shall not be lower than 15 years. At the same time, the International Labour Organization Recommendation concerning Minimum Age for Admission to Employment No. 146 emphasizes that States should take measures to ensure that a satisfactory level of conditions is achieved and maintained for children and adolescents under 18 years of age. And these conditions must be strictly monitored.

The International Labour Organisation's legislative activities are aimed at eradicating child labor, which disrupts the normal development of children. This organization pays particular attention to the worst forms of child labor. The leadership of the above-mentioned organization has proposed a system of standards, the main purpose of which is to create and guarantee that children in all countries, regardless of their level of development, are protected from the worst forms of labor. These standards are set out in the Worst Forms of Child Labour Convention No. 182. The main way to combat underage labor is to improve the legislation and practice of the member states of the International Labour Organization and to ensure proper and unquestioning compliance with conventions and recommendations governing social and labor relations[7].

The most important international legal document regulating the protection of children is the Convention on the Rights of the Child[8], adopted by the UN General Assembly on 20 November 1989, which sets out the basic provisions for the protection and realization of children's rights. Thus, part 2 of Article 2 stipulates that States Parties shall take all appropriate measures to ensure the protection of the child from all forms of discrimination or punishment based on the status, activities, opinions, or beliefs of the child, parents, guardians or other family members; obliges to provide the child with such protection and care as is necessary for his or her well-being.

The European Social Charter (revised) of 3 May 1996 is of great importance for the development of labor law in the European Union[9]. Thus, Article 7 of the European Social Charter (Revised) defines the fundamental rights of children and adolescents concerning their social protection, in particular, paragraph 1 provides for the minimum age of employment, which, as a general rule, is 15 years, except when children are employed to perform work recognized as light work that is not harmful to their health, morals, and education. In turn, paragraph 2 of the said article stipulates that the minimum age for employment where working conditions are recognized as dangerous or harmful is not less than 18 years. About working hours, Article 7(4) of the European Social Charter (Revised) provides for a limitation of such hours for persons under 18 years of age, by their developmental needs and vocational training requirements. For example, students deliver newspapers from 6 a.m. on school days. The Committee of Independent Experts concluded that the students' right to favorable conditions for education was violated[10].

Paragraph 5 of this article defines the right of young workers and apprentices at work to fair wages and other fair benefits, and paragraph 6 provides that the time spent by adolescents, with the consent of the employer, on vocational training is counted as working time during normal working hours. Among the guarantees provided to underage workers by the European Social Charter (revised) are Article 7, paragraphs 7, 8, and 9. Thus, paragraph 7 contains a provision that workers under the age of 18 have the right to an annual paid holiday of at least four weeks; paragraph 8 prohibits the employment of workers under the age of 18 in night work, except for certain jobs specified by national laws or regulations; paragraph 9 contains a provision on regular medical examinations of workers under the age of 18.

However, it should be noted that the Charter's provisions lack a prohibition to engage children and adolescents in work that is dangerous for their moral development, related to cinema, entertainment, and advertising, and may negatively affect their development. It is worth noting that the provisions of the European Social Charter (revised) determine the image of the European Union at the international level, and the provisions specified therein must be strictly observed by the Union, as the list of rights must be implemented in the course of domestic and foreign policy by the countries of the European Union. Having analyzed the international standards of legal regulation of the labor of minors, it should be noted that the right of minors to work is also enshrined at the national level of all states.

International norms set a low age of labor capacity, for example, 15 years for industrial work and 14 years for domestic and agricultural work. In countries such as Belgium, Italy, and Japan, children are allowed to work from the age of 14, and in some countries even from the age of 12 for so-called "light labor" (Iran, Portugal, India, Mexico, etc.). In our opinion, the above-mentioned age for admission to work is low, which violates the rights of minors to education, normal development, and childhood[11].

A minor should be employed only with the consent of his or her parents or persons in loco parentis. In some countries, parental consent is required to enter into all or some types of employment contracts before a person reaches the age of majority. This is justified by the fact that adolescents need the protection of their interests, labor protection, and proper guarantees, which should primarily be relied upon by their parents.

As stated in part 3 of Article 6 of the UN Recommendations on the Status of the Artist, taking into account the specifics of the child artist, Member States are encouraged to take into account the provisions of the UN Declaration of the Rights of the Child. However, there is an exception to the general rule. In particular, according to Art. 8 of the International Labour Organization Convention No. 138 concerning Minimum Age for Admission to Employment, the competent authority, after consultation with the relevant employers' and workers' organizations, where they exist, may, by issuing permits, make exceptions in individual cases to the prohibition of employment or other work to participate in artistic performances. Permits issued in this way limit the duration of working hours and set out the conditions under which employment or other work may be performed.

At the same time, according to part 1 of Article 7 of the Convention, such work must not be harmful to the health or development of children and must not interfere with their attendance at school, their participation in vocational guidance or training programs approved by the competent authorities, or their ability to benefit from the training they have received. Thus, minors and underage persons may be engaged to perform the duties of performing artists under contracts in the field of musical show business, if the conditions of their engagement do not contradict the norms established by Part 1 of Article 7 of this Convention. A similar provision is contained in Article 5 of Council of Europe Directive 94/33/EC on the Protection of Young People at Work.

The existence of legal safeguards relating to child labor is of paramount importance. It is important to note this issue when it comes to regulating the participation of minors in the entertainment and creative sphere. Issues such as licensing of child labor, working hours, and friendships are essential to prevent any kind of abuse or exploitation and also have the ultimate goal of ensuring the general welfare of children and protecting their interests, which is what regulators do in their respective areas of expertise[12].

It is necessary to analyze German labor law in this area. As there is a nationwide ban on the employment of minors in Germany, an employer needs an exceptional permit from the relevant regulatory authority to film with children. The permit is limited and can be revoked at any time. It determines the duration and place of work, as well as rest breaks and maximum hours of presence on the set. Employment of children under the age of three is strictly prohibited. The duration of working hours directly depends on the age of the minor child. For example, children aged three to six can work up to two hours a day. Children aged six and over and young people who have not completed full-time compulsory education may work up to three hours a day. However, they need to obtain approval from the school administration, the youth protection service, and a pediatrician. Children who have completed full-time compulsory education but are under the age of eighteen are allowed to work a maximum of eight hours per day (five days per week) and must have at least twelve hours of rest per day[13].

In Germany, the Federal Employment of Minors Act also provides for certain time limits in terms of minors' participation in program content: children aged 3 to 6 are allowed to participate in program content for 2 hours between 8.00 and 17. Children aged 6 years and older are allowed to participate in program content for up to 3 hours between 8 a.m. and 10 p.m. The monitoring of these provisions is the responsibility of the relevant authority at the level of the various federal states (e.g. industrial inspection, trade supervision authority).

In the Netherlands, the basic principle is that children under the age of 13 are not allowed to work at all, but there may be an exception only if they want to participate in films, television programs, fashion shows, music shows, or concerts to protect them as artistic and talented children and the cultural and (artistic) sector. In this case, the producer must apply for the exemption to the Social and Labour Inspectorate, by the established procedure, including providing evidence and elaborating on the type of program in which the child will participate, as well as providing data on the risks associated with participation and measures to prevent these risks; the method of selection and participation in the program and how rehearsals will be organized; the specifics of the work and rest periods; the exact schedule and location where the work is performed; how mentoring/friendship will be organised, etc[14].

There are also restrictions on the duration and frequency of work (annually/weekly/daily), as well as hours of rest, depending on the age of the child. For children aged 13 to 16, there is no general prohibition on work, but the working conditions must be adjusted to the specifics of the situation. In this case, the Special Regulation on Child Labour applies specific rules that protect the interests of children.

Let's look at the UK experience and start with legislation. The Children and Young Persons Act of 1963 is the main regulatory act in the field of protection of the rights of minors working in the field of entertainment and theatre. This document is designed to protect underage workers from exploitation and ensure their rights, safe working conditions, and proper working conditions in the entertainment industry. The Act sets out rules for employers, including the rules for issuing licenses to employ minors in entertainment or creative work. It also establishes medical protection for children and the right to rest. Children aged 13-14 have the right to work no more than 5 hours a day during holidays and no more than 2 hours during school. There are also restrictions on children working at night and on weekends and rest between shifts.

The Children's Performances and Events Regulations 2014 set out the conditions for performances at concerts and creative events by minors in the UK. It also regulates the appropriate working hours, rest periods, and supervision of minors during performances to ensure that their rights are respected. The Act also sets out rules relating to the upbringing and development of children, defining certain regulated boundaries for different age groups of children. The document prohibits children from participating in creative performances and concerts that may pose a threat to their mental or emotional health. Ensuring that children have access to adequate rest after work, including sufficient time to recover and develop their abilities[15].

In terms of bodies and institutions, the National Society for the Prevention of Cruelty to Children is responsible for protecting the rights of minors in the creative and show business sectors in the UK. In their work, they seek to provide psychological support to children and parents, lobby for improved legislation, and actively engage with other organizations to improve the protection of children's rights in this area. They also conduct monitoring and research in this area and act as an intermediary between the entertainment and creative industries and children's labor rights[16].

The Equity trade union represents and protects the interests and rights of underage actors and performers, in particular. Their activities are also aimed at providing legal support. Equity actively interacts with employers and other specialized organizations to ensure fair working conditions, including financial remuneration and adequate working hours. Another aspect of their activities is the comprehensive development of their members to improve the quality of their work, which is aimed at protecting the labor rights of employees[17].

The Children's Commissioner for England is an independent organization dedicated to safeguarding and promoting the proper rights and interests of children in all areas of life, including work in the entertainment industry. They examine the conditions for children's participation in entertainment, lobby for changes to existing and updated legislation in this area, and actively work with the government to improve the protection of minors in this area. The Ombudsman for Children's Rights also provides public information, public education, advice, and legal assistance in resolving complaints and issues related to the protection of the labor rights of minors in the entertainment sector[18][19].

In the United Kingdom, Ofcom is responsible for monitoring and controlling telecommunications and for enforcing standards for the protection of minors in television programs. Ofcom issues or revokes licenses and permits and imposes fines and other sanctions for violations of the rules established in this area. It also monitors compliance with rules, regulations, and standards. Ofcom actively cooperates with industry associations and human rights advocates to set standards and restrictions aimed at protecting children in television programs. France also has legislation and relevant bodies and organizations dedicated to protecting the rights of underage actors, singers, and models in show business and ensuring their safety, well-being, and normal physical and mental development[20].

The French Labour Code regulates working conditions, including for minors in the creative and entertainment industries, by setting out the appropriate working hours, rest, leisure, and training rules. The Code sets the following age limits for minors. The maximum working time for children under 15 is 2 hours per day during school hours and 7 hours during holidays. For children aged 15-16, the maximum working hours are 8 hours per day 35 hours per week during holidays and weekends, and 7 hours per day during school hours. At the age of 16-18, you can work up to 8 hours a day and 35 hours a week. It is prohibited to work at night and during school hours. This law is undoubtedly key and aims to protect the physical and mental health of minors working in creative professions through special requirements for working hours, breaks between shifts, and the need for rest. The French Labour Code also regulates the standards for the upbringing and training of minors working in creative professions and sets out requirements for medical protection, occupational safety, and proper mental and physical development[21].

The next key piece of legislation in this area is the French Cinema and Audiovisual Code, which regulates the conditions for the conduct of cinema and audiovisual activities, including by minors. This regulatory act governs the procedure for obtaining permission for minors to participate in the filming process, including the rules for obtaining permission from their parents or legal guardians. The French Cinema and Audiovisual Arts Code sets out the rules and regulations for filming, including the establishment of appropriate working hours, consideration of the physical and emotional state of the minor actor, and the provision of psychological support and medical care.

The Film France CNC plays an important role in the development and regulation of the French film and audiovisual sector, as well as in creating safe working conditions for underage actors. It is responsible for the licensing procedures and standards related to the participation of underage actors. The Film France CNC issues authorizations, sets standards for filming procedures and conditions, and constantly interacts with other bodies and organizations in the industry to set ethical and professional standards. In addition, Film France CNC advises and provides legal support to child actors and implements initiatives to support the development of the cinema and audiovisual industry with the interests of child actors in mind[22].

The Ombudsman for Children's Rights is a body that protects the rights of minors in all areas, including creative activity and show business. It responds to complaints and promotes the protection of the rights and interests of minors[23]. The Commissioner for Children's Rights investigates and resolves conflicts and lobbies for improvements in legislation. The National Union of Artists and Technicians is a trade union that protects the rights of underage actors and film industry workers. It advocates for proper and decent working conditions, including regulation of required working hours, decent financial compensation, and the right to rest and education.

The French Union of Performing Artists is a professional union of artists and musicians, including minors. The organization interacts with government agencies and employers to protect the rights and interests of its members. The French Union of Performing Artists seeks to create and maintain appropriate working conditions, working hours, rest, and financial remuneration. The French Union of Performing Artists seeks to ensure that minors have access to quality education and comprehensive development in the field of creativity and the arts. It aims to prevent exploitation and protect their physical and moral well-being. The French Union of Performing Artists promotes legislative changes aimed at improving the working conditions of artists and musicians, including minors. In addition, the French Union of Performing Artists provides psychological support to child actors who face stress in their professional and creative activities[24].

Scandinavian countries, such as Sweden, Norway, and Denmark, have high standards of social protection and pay great attention to the rights and well-being of children. In the area of underage work in show business, there are also separate standards aimed at protecting the rights and ensuring a work-study balance for underage workers in creative and entertainment professions.

The main authority in Norway is Arbeidstilsynet. It oversees and enforces Norwegian labor law, including the rights and working conditions of minors working in show business. Arbeidstilsynet regulates norms and standards, working hours, and working conditions, ensuring the safety and proper protection of children in this field. The organization conducts educational events and training for employees and employers to raise awareness of occupational health and safety regulations and standards. In Norway, the Arbeidsmiljøloven is a regulation that regulates working conditions and sets limits on the length of the working day, especially for children and sets standards for working conditions and health and safety.

In Sweden, the Barnombudsman protects children's rights in this area. The Ombudsman for Minors protects the rights and interests of children, including those working in show business. He also works on raising awareness and educating the population and society about the problems faced by children in modern society, including the issue of participation in leisure activities. The main regulatory act in this area is the Arbetstidslagen. This document regulates working hours, setting the maximum length of the working day and week for underage workers, particularly in the creative sector[25].

In Denmark, the body that oversees child labor and ensures compliance with standards is BørneArbejdsKontoret. The Børne ArbejdsKontoret monitors the implementation of legislation on working conditions for underage workers, provides advice, and investigates violations, working in cooperation with other specialized bodies and NGOs in the field. The Bekendtgørelse om Børns Arbejde (Child Labour Act) contains the rules and restrictions for child labor in Denmark. It defines the types of work that are dangerous for minors and restricts their participation in such activities. It also sets out the conditions for minors' participation in labor and even special requirements for minors of different age groups[26].

The above examples demonstrate the different approaches and mechanisms used in individual EU countries to monitor and enforce the rights of minors in the field of work in the creative and creative industries.

 

  1. Discussion

 

The study of the psychological aspects of minors' work in entertainment and show business, in particular, is an urgent problem. Children's participation in filming or performing at concerts can cause stress and tension, which negatively affects the mental state of minors who face demands, criticism, public condemnation, excessive attention, and overwork due to a busy work schedule. Evaluation and condemnation by society, in turn, can affect the self-perception and self-esteem of minors. Increased attention and popularity can create social pressure and limit the personal space of a minor whose psyche is not yet fully formed due to their age.

Children involved in show business should have special rights, including a full education for their holistic and comprehensive development. Flexible working hours and individualized training programs for minors working in show business should address the challenges of learning on the job. Minors working in the entertainment industry should have adequate rights to rest and leisure, including adequate working hours and rest periods, taking into account their physiological and mental characteristics. Ensuring an effective balance between work and leisure includes full-quality rest and the opportunity to engage in hobbies and creative pursuits. Minors in this area should be protected from any form of exploitation by establishing fixed maximum working hours and restrictions on the use of their creative and stage image. Filming and promotional materials should be ethical and in line with the moral principles of society and current legislation. Minors in show business should be protected from violence and discrimination, which should be fully enshrined in state regulations and anti-violence policies[27].

Parents and guardians play a key role in ensuring the safety and well-being of minors working in the creative professions. They should be properly informed about the working conditions and monitor them promptly to ensure that the minor is not subjected to exploitation, discrimination, or violence. Parents should investigate and determine the working conditions, including the safety and daily routine of the child in show business. They should also advocate for access to adequate education and psychological support. Parents should also filter the media protect their child from negative influences and be prepared to defend the rights of the minor against exploitation and discrimination. In general, the role of parents is to create an appropriate and safe environment for the development and protection of minors in this area.

The prospects for the development of the protection of minors' rights in show business cover several key aspects, taking into account current challenges and trends. Given the growth of digital content and the involvement of minors in the work of digital platforms, attention should be paid to strengthening online security measures and protecting children from the negative aspects of the online space[28]. Effective measures need to be developed to monitor and control the online environment in which minors participate, including educational initiatives on safe Internet use, content filtering, and identification of possible risks of online interaction[29].

The development prospects lie in the need to adopt new or improve existing regulations at the European Union and state level aimed at protecting the rights of children working in show business. In particular, the development of an appropriate modern regulatory framework, as well as a separate regulatory act that takes into account the specifics of the activities of minors in the entertainment sector, ensuring their safety and rights. The development of education in the field of labor rights and protection of minors' interests should help to raise awareness among parents, guardians, agents, and minors themselves about their rights and ways to protect them. Attention should be paid to the moral and psychosocial well-being of minors, in particular by defining and enforcing laws that guarantee their mental safety and support[30].

The development of professional standards for underage actors, performers, and models should contribute to the creation of a safe and sustainable working environment. Defining and implementing professional standards for minors plays an important role in ensuring their physical safety and moral well-being. In addition, for the effective protection of the rights of children in the creative professions in the show business industry, it is important to interact with associations and unions representing the interests of children in the creative professions. Such interaction promotes unity in addressing the protection of the rights and working conditions of minors. International cooperation, in particular between countries and organizations, should contribute to the development of a global strategy for the protection of the rights of minors. This will allow for the exchange of experience and the consideration of cultural and legal differences, contributing to more effective and adapted measures, as well as the establishment of international standards in the field of the rights and obligations of minors in show business. In general, the development of the protection of labor rights of minors in show business includes legislative, educational, social, psychological, and professional measures to create a safe and favorable environment for the development of young talents.

 

  1. Conclusions

 

Modern civil society is showing increasing interest in human rights and social responsibility in general. The protection of the rights of minors in show business is becoming part of the general social agenda and public debate. The relevance of this topic lies in the fact that the labor relations of children in the field of creative and entertainment activities are insufficiently regulated, taking into account the specifics of this area. The growth of the digital industry and the diversity of content on the Internet underscore the need to protect the rights of minors. This applies to both their participation in online projects and protection from possible negative influence both online and offline in the acting, music, or modeling business.

Minors in the creative professions should have special rights, including the right to receive a full education, which is important for their development. Flexible schedules and individual study programs should take into account the specifics of children's work and study. Children involved in show business should have the right to rest: clearly defined working hours appropriate to their age and adequate rest periods that take into account their physiological and mental characteristics. Ensuring a work-life balance includes adequate quality rest and time to develop their talents and abilities. Children should be protected from exploitation, and there should be restrictions on the use of their image and involvement in certain activities that contradict the moral principles of society. Filming and advertising materials must comply with moral principles and current legislation. Legislation should guarantee the protection of children from violence and discrimination.

It is necessary to improve the legal framework of the European Union and states for minors in this area to ensure their safety and rights, as well as to develop a separate regulatory act that will regulate labor relations in this area. In general, the development of professional standards for children in show business is intended to create safe working conditions and adequate protection of their rights. Cooperation with specialized organizations and international cooperation should help to develop a global strategy for the protection of children's labor rights, taking into account cultural and legal specificities. The overall approach will include legislative, educational, and professional measures designed to create a safe environment for the development of young talent.

The scientific novelty of the results obtained is that the presented work is the first study in the national science of the problems related to the observance of children's labor rights in show business. The practical significance of the study lies in the fact that the conclusions and proposals formulated in the research paper will contribute to improving the mechanism for protecting the rights of the child as one of the most vulnerable categories of the population when covering issues related to children in the entertainment sector.

 

References

 

A. Falch-Eriksen – M. Skivenes, Right to protection, in:Children’s Rights in Norway: An Implementation Paradox? Oslo, 2019, pp. 107-135.

A. Omarova – S. Vlasenko, International standards of juvenile justice: Its creation and impact on Ukrainian legislation, in Access to Justice in Eastern Europe, 5(1) (2022), pp. 116-126.

A.P. Getman – O.M. Yaroshenko – O.H. Sereda – L. Maliuha – I.P. Zhygalkin, Social dialogue at the national and European levels as a factor in the formation of a common labor and social policy, in Society Register, 7(3) (2023), pp. 51-72.

E.A. Faulkner – C. Nyamutata, The decolonisation of children’s rights and the colonial contours of the convention on the rights of the child, in The International Journal of Children's Rights, 28(1) (2020), pp.66-88.

  1. Ahsany– A. F.Alamsyah– S. Al-Fatih, Legal protection of labor rights during the coronavirus disease 2019 (COVID-19) pandemic, in Jurnal Pembaharuan Hukum, 7(2)(2020), pp. 100-115.

H. Clark – A. M. Coll-Seck – A. Banerjee – S. Peterson – S. L. Dalglish – S. Ameratunga – A. Costello, A future for the world's children? A WHO–UNICEF–Lancet Commission, in The Lancet, 395(10224) (2020), pp.605-658.

H. Miao, An analysis of child labor rights in the African region, in: 2022 2nd International Conference on Economic Development and Business Culture (ICEDBC 2022). Amsterdam, 2022, pp. 1176-1181.

https://www.coe.int/en/web/european-social-charter/the-revised-european-social-charter (Accessed 15. 11. 2023).

https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child (Accessed 15. 11. 2023).

I. Geovani S. Nurkhotijah H. Kurniawan F. Milanie R.N. Ilham, Juridical analysis of victims of the economic exploitation of children under the age to realize legal protection from human rights aspects: research study at the office of social and community empowerment in Batam City, in International Journal of Educational Review, Law and Social Sciences (IJERLAS), 1(1) (2021), pp. 45-52.

J. Palacios – S. Adroher – D.M. Brodzinsky – H.D. Grotevant – D.E. Johnson – F. Juffer – M. Tarren-Sweeney, Adoption in the service of child protection: An international interdisciplinary perspective, in Psychology, Public Policy, and Law, 25(2) (2019),pp.57.

J. Simon – A. Luetzow – J.R. Conte, Thirty years of the convention on the rights of the child: Developments in child sexual abuse and exploitation, in Child Abuse & Neglect, 110 (2020), pp. 104399.

M. Freeman – P.E. Veerman, The ideologies of children's rights (Vol. 23). Netherlands, 2021.

M. Liebel, Children’s rights from below, in: Childhoods of the Global South. Bristol, 2023, pp. 23-24.

M.A. Masterson, When play becomes work: Child labor laws in the era of "kidfluencers", in University of Pennsylvania Law Review, 169 (2020), pp. 577.

N.P.R. Yuliartini, Legal protection of women and children from violence in the perspective of regional regulation of Buleleng Regency number 5-year 2019, in Jurnal Pendidikan Kewarganegaraan Undiksha, 9(1) (2021), pp. 89-96.

O.M. Yaroshenko– N.O. Melnychuk– S.V. Moroz– O.O. Havrylova– Y.P. Yaryhina, Features of remote work in Ukraine and the European Union: Comparative legal aspect, in Hasanuddin Law Review, 7(3) (2021), pp. 136-149.

O.M. Yaroshenko– О.Yе. Lutsenko – N.O. Melnychuk– L.V. Mohilevskyi – N.M. Vapnyarchuk, The impact of digitalization on labor relations in Ukraine, in InterEULawEast, 10(1) (2023), pp. 67-82.

O.V. Petryshyn – O.S. Hyliaka, Human rights in the digital age: Challenges, threats, and prospects, in Journal of the National Academy of Legal Sciences of Ukraine, 28(1) (2021), pp. 15-23.

R. Rodrigues, Legal and human rights issues of AI: Gaps, challenges and vulnerabilities, in Journal of Responsible Technology, 4 (2020), pp.100005.

S. H. Cho – X. Fang – S. Tayur – Y. Xu, Combating child labor: Incentives and information disclosure in global supply chains, in Manufacturing & Service Operations Management, 21(3) (2019), pp. 692-711.

S. Ramaswamy – S. Seshadri, Children on the brink: Risks for child protection, sexual abuse, and related mental health problems in the COVID-19 pandemic, in Indian Journal of Psychiatry, 62(3) (2020), pp.S404-S413.

 

Abstract: The right to work is one of the fundamental socio-economic rights of a person and a citizen, it is inalienable and is recognized and enshrined in international legal acts of both universal and regional character and is guaranteed by the Fundamental Laws of all states without exception. In the current conditions of society's development, there is a problem with protecting the labor rights of certain categories of workers, namely minors. A special feature is that the world society is concerned about the spread and widespread use of underage labor, in particular in the fields of show business, creativity, and entertainment. The relevance of the topic lies in the fact that labor relations in show business are insufficiently regulated and studied with due regard for the specifics of this type of social activity. The purpose of the article is to study the issues of protection of the rights of minors as subjects of labor relations in show business, to determine the regulatory framework for such labor in the European Union, and also to outline the prospects for the development of the protection of labor rights of children in creative and creative professions.

 

Keywords: right to work - labour relations in show business - labour of minors - underage workers - protection of labour rights of minors.



aDepartment of Labor Law, Yaroslav Mudryi National Law University, Kharkiv, Ukraine

b V.N. Karazin Kharkiv National University, Kharkiv, Ukraine

cScientific Research Institute of State Building and Local Government, National Academy of Legal Sciences of Ukraine, Kharkiv, Ukraine

dDepartment of State Building, Yaroslav Mudryi National Law University, Kharkiv, Ukraine

** Il contributo è stato sottoposto a double blind peer review.

[1] https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-right  s-child (Accessed 15. 11. 2023).

[2] H. Miao, An analysis of child labor rights in the African region, in: 2022 2nd International Conference on Economic Development and Business Culture (ICEDBC 2022). Amsterdam, 2022, pp. 1176-1181.

[3] M.A. Masterson, When play becomes work: Child labor laws in the era of "kidfluencers", in University of Pennsylvania Law Review, 169 (2020), pp. 577.

[4] N.P.R. Yuliartini, Legal protection of women and children from violence in the perspective of regional regulation of Buleleng Regency number 5-year 2019, in Jurnal Pendidikan Kewarganegaraan Undiksha, 9(1) (2021), pp. 89-96.

[5] R. Rodrigues, Legal and human rights issues of AI: Gaps, challenges and vulnerabilities, in Journal of Responsible Technology, 4 (2020), pp.100005.

[6] M. Liebel, Children’s rights from below, in: Childhoods of the Global South. Bristol, 2023, pp. 23-24.

[7] O.M. Yaroshenko– О.Yе. Lutsenko – N.O. Melnychuk– L.V. Mohilevskyi – N.M. Vapnyarchuk, The impact of digitalization on labor relations in Ukraine, in InterEULawEast, 10(1) (2023), pp. 67-82.

[8] https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child (Accessed 15. 11. 2023).

[9] https://www.coe.int/en/web/european-social-charter/the-revised-european-social-charter (Accessed 15. 11. 2023).

[10] S. H. Cho – X. Fang – S. Tayur – Y. Xu, Combating child labor: Incentives and information disclosure in global supply chains, in Manufacturing & Service Operations Management, 21(3) (2019), pp. 692-711.

[11] H. Miao, An analysis of child labor rights in the African region, in: 2022 2nd International Conference on Economic Development and Business Culture (ICEDBC 2022). Amsterdam, 2022, pp. 1176-1181.

 

[12] F.Ahsany– A. F.Alamsyah– S. Al-Fatih, Legal protection of labor rights during the coronavirus disease 2019 (COVID-19) pandemic, in Jurnal Pembaharuan Hukum, 7(2)(2020), pp. 100-115.

[13] M. Liebel, Children’s rights from below, in: Childhoods of the Global South. Bristol, 2023, pp. 23-24.

[14] I. Geovani S. Nurkhotijah H. Kurniawan F. Milanie R.N. Ilham, Juridical analysis of victims of the economic exploitation of children under the age to realize legal protection from human rights aspects: research study at the office of social and community empowerment in Batam City, in International Journal of Educational Review, Law and Social Sciences (IJERLAS), 1(1) (2021), pp. 45-52.

 

[15] S. Ramaswamy – S. Seshadri, Children on the brink: Risks for child protection, sexual abuse, and related mental health problems in the COVID-19 pandemic, in Indian Journal of Psychiatry, 62(3) (2020), pp.S404-S413.

[16] J. Palacios – S. Adroher – D.M. Brodzinsky – H.D. Grotevant – D.E. Johnson – F. Juffer – M. Tarren-Sweeney, Adoption in the service of child protection: An international interdisciplinary perspective, in Psychology, Public Policy, and Law, 25(2) (2019),pp.57.

[17] O.M. Yaroshenko– N.O. Melnychuk– S.V. Moroz– O.O. Havrylova– Y.P. Yaryhina, Features of remote work in Ukraine and the European Union: Comparative legal aspect, in Hasanuddin Law Review, 7(3) (2021), pp. 136-149.

[18] A. Falch-Eriksen – M. Skivenes, Right to protection, in:Children’s Rights in Norway: An Implementation Paradox? Oslo, 2019, pp. 107-135.

[19] A.P. Getman – O.M. Yaroshenko – O.H. Sereda – L. Maliuha – I.P. Zhygalkin, Social dialogue at the national and European levels as a factor in the formation of a common labor and social policy, in Society Register, 7(3) (2023), pp. 51-72.

[20] R. Rodrigues, Legal and human rights issues of AI: Gaps, challenges and vulnerabilities, in Journal of Responsible Technology, 4 (2020), pp.100005.

[21] J. Simon – A. Luetzow – J.R. Conte, Thirty years of the convention on the rights of the child: Developments in child sexual abuse and exploitation, in Child Abuse & Neglect, 110 (2020), pp. 104399.

[22] M.A. Masterson, When play becomes work: Child labor laws in the era of "kidfluencers", in University of Pennsylvania Law Review, 169 (2020), pp. 577.

[23] A. Omarova – S. Vlasenko, International standards of juvenile justice: Its creation and impact on Ukrainian legislation, in Access to Justice in Eastern Europe, 5(1) (2022), pp. 116-126.

[24] E.A. Faulkner – C. Nyamutata, The decolonisation of children’s rights and the colonial contours of the convention on the rights of the child, in The International Journal of Children's Rights, 28(1) (2020), pp.66-88.

[25] M. Freeman – P.E. Veerman, The ideologies of children's rights (Vol. 23). Netherlands, 2021.

[26] H. Clark – A. M. Coll-Seck – A. Banerjee – S. Peterson – S. L. Dalglish – S. Ameratunga – A. Costello, A future for the world's children? A WHO–UNICEF–Lancet Commission, in The Lancet, 395(10224) (2020), pp.605-658.

[27] M. Freeman – P.E. Veerman, The ideologies of children's rights (Vol. 23). Netherlands, 2021.

[28] O.V. Petryshyn – O.S. Hyliaka, Human rights in the digital age: Challenges, threats, and prospects, in Journal of the National Academy of Legal Sciences of Ukraine, 28(1) (2021), pp. 15-23.

[29] I. Geovani S. Nurkhotijah H. Kurniawan F. Milanie R.N. Ilham, Juridical analysis of victims of the economic exploitation of children under the age to realize legal protection from human rights aspects: research study at the office of social and community empowerment in Batam City, in International Journal of Educational Review, Law and Social Sciences (IJERLAS), 1(1) (2021), pp. 45-52.

[30] N.P.R. Yuliartini, Legal protection of women and children from violence in the perspective of regional regulation of Buleleng Regency number 5-year 2019, in Jurnal Pendidikan Kewarganegaraan Undiksha, 9(1) (2021), pp. 89-96.

 

YAROSHENKO OLEG M.



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