Best interest principle at stake? the law and practice of employment of children in Uganda: a case study of child domestic workers

Abstract

Child domestic work in Uganda is a prevalent phenomenon. Due to their vulnerability, children are often the most preferred option as employees within the domestic work sector. With this reality also comes the realisation that such children are prone to child labour. This is because domestic work from the get go is a private affair – high walls and high gates. Child domestic work moves beyond the generalisation of “domestic chores” to a pervasive form of hazardous employment which is injurious to children’s health, education, moral and social development. Basing on this reality, there is a growing need to protect child domestic workers. This can be achieved by ensuring that the current domestic, regional and international framework on child domestic work is founded on the best interest and holistic approaches to better protect child domestic workers. This principle is not only widely encompassing of child protection but also specifically drafted to cater for the needs of a child. The best practices from other states show a child centred approach in protection of child domestic workers. Much as the legislative and policy framework in Uganda is comprehensive, there is need to emphasise the implementation process through multifaceted approaches in the best interest of the child. This can only be achieved with taking serious positive and targeted steps in protecting these children in theory and practice.