Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Other comments on C138

Observation

Direct Request

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Article 2(3) of Convention. Age of completion of compulsory schooling. In its previous comments, the Committee noted that the 2006 Education Act provides that schooling is compulsory only up to the age of 12 years. The Committee requested the Government to take the necessary measures to match the age of completion of compulsory schooling with the minimum age for admission to employment or work, which is 14 years. It also requested the Government to pursue its efforts to raise the school attendance rate and reduce the school drop-out rate in order to prevent work by children under 14 years of age.

The Committee once again notes with regret that the Government’s report does not contain any information on the measures taken to align the age of completion of compulsory schooling (12 years) with the minimum age for admission to employment or work (14 years). The Committee notes that, even though article 121 of the Constitution of Nicaragua provides that primary education is free and compulsory, section 19 of the 2006 Education Act specifies that schooling is only compulsory until the sixth year of primary school (around 12 years of age). The Committee recalls that if compulsory schooling comes to an end before the age at which children are legally entitled to work, a vacuum may arise which regrettably opens the door for the economic exploitation of children (see the 2012 General Survey 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 measures to guarantee compulsory schooling up to the minimum age for admission to employment or work, namely 14 years. It once again requests the Government to provide information in its next report on any progress achieved in this regard.

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