The Use of Children in Illicit Activities as a Worst Form of Child Labour: A Comment on Article 3(c) of ILO Convention 182
This chapter clarifies the sources of the debate on social clauses and their current outlines relating to child labour, and outlines some of the doubts or unanswerable questions presented. In order to understand the term 'social clause', it should be noted that any social clause tries to connect trade with labour standards including, of course, child labour standards. Moreover, child labour standards are binding under agreements signed by most of the General Agreement on Trade and Tariffs (GATT) contracting Parties. Thus, their respect, promotion and implementation bind all World Trade Organization (WTO) Member States. Under a different approach, through Generalized System(s) of Preferences (GSP), developed countries have established a preferential custom tariffs system in order to foster developing countries' access to international trade. Under GSPs, special tariff treatments are granted to developing countries only if they fulfil precise social standards concerning labour, environment and 'transparency in governance'.