CHILD LABOR 1

Child Labor
Bernina Contreras
Sonoma State University
Chicano Latino Studies 403
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Did you ever imagine that the vegetables and fruits you eat were harvested by

children who were sixteen and under, even as young as eight years old? Child labor in

the USA is a big issue. Hundreds of thousands of children work in agriculture long

hours in brutal conditions to make sure the rest of us eat well. If it were not for the

organizations against child labor, the laws protecting children, and the new equipment

and requirements for jobs, children right now would not be able to go to school, spend

time with their friends, or play a friendly game of basketball. But there are still

children who continue to work in agriculture and the government do not enforce the

laws to protect these children from exploitation, depriving them of education as any

American child (Thalit, 2015).

These children are working a full day up to nine or ten hours a day in 100

degrees heat. According to U.S. federal law, children can work in the fields at far

younger ages, for longer hours, and under more hazardous conditions than other

children. Child farmworkers risk their education, their health, and, sometimes, even

their lives. Schoolchildren typically work weekends, summers, and before and after

school. But migrant children often leave school before classes end for the summer in

order to migrate, only to return weeks or months after classes begin (Neff, 2011).

Frongillo, Herrera and Rivera presented study on food insecurity and its

substantial detrimental effects on children. The researchers investigated food insecurity

in children and mothers and how it relates to their daily activities, school absenteeism,

and stunting. Their conceptual framework was that the infant food imbalance leads to

alterations in the daily activities of the child, which in turn leads to differences in the

child's behavior, social interactions and schooling.

Children have been studied as a population vulnerable to food imbalance in the

last 10 years. Worldwide, 171 million children are atrophied, millions do not attend
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school. All children attended public schools, which means that families did not have

sufficient income to pay for the private school, which is considered as a major quality

(Frongillo, Herrera & Rivera, 2014).

They conducted their study on a sample of 131 mother-child pairs from poor

areas in Venezuela. Sixty of these 131 mothers were interviewed by telephone. Personal

interviews of children and mothers were conducted in person by two trained

nutritionists and the lead author. The research showed that childrens reports of food

insecurity were associated with doing activities that include household chores related to

food responsibilities, such as harvesting, shopping, and cooking, and also taking care of

the siblings (Frongillo, Herrera & Rivera, 2014).

By the way, Hall presents an investigation about women and children working in

commercial agriculture in canning factories. This article is focused on the time period

from 1890 to 1930. Hall explains how government intervention is trying to make

changes for childrens and womens wages. Also, he argues that state agencies have

made efforts to abolish child labor. However, the investigation made by Hall has not

improved womens and childrens wage labor because today children are still working

in the fields in bad conditions, exposing them to dangerous situations (Hall, 2016).

International concerns on human and childrens rights constitute one of the

most fundamental attributes of a countrys image, for example in Sweden. Already in

1979, Sweden, as the first country in the world, decided to prohibit all corporal

punishment of children. Later on, Sweden became one of the first states to ratify the

Convention and did so without any reservations. Nevertheless, in contradiction to what

one would expect from a country that has been prominent in the promotion of childrens

rights. This critique has primarily concerned insufficient legislation on childrens rights.

The United Nations Convention on the Rights of the Child is legally binding to States
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Parties, but due to the structure of the Swedish legal system, the Convention has not

automatically gained legal status. To sum up, the legal system in Sweden is dualist in

terms of the relationship between international and domestic law, meaning that these

two realms are considered to be two separated legal systems (Kistenbroker, 2012).

This problem not only happen in Sweden, is very common in many countries.

As we know, Child Labor is a threat to the health of children. The Department

of Child Labor estimates that more than four million children are legally employed and

between one and two million children work under illegal conditions. Poverty, massive

immigration and relaxation in the application of the federal law on child labor are the

three factors that are primarily responsible for the resurgence of child labor (Landrigan

& McCammon, 1997).

Child labor, in both its legal and illegal forms, is widespread and needs to be re-

examined. Modern child labor has both positive and negative aspects. On the positive

side, legal work such as childcare, teenager delivering pizzas, lawn work, and odd jobs

can encourage the development of discipline, teaching a child or teenager the meaning

of money. On the negative side, illegal work such as manufacturing, construction and

agriculture (Landrigan & McCammon, 1997).

According to the laws, Child labor laws were designed to protect the most

vulnerable and hazardous and unhealthy workers. However, children are not protected

by the Hazardous Occupations Orders because the family farms are exempt. A child of

any age can be employed by his or her parent or person who remains in the parent's

place. Agriculture is the most dangerous industry, almost half of all work-related deaths

among children occur in agriculture, with a risk of fatal injuries. Before initiating these

policy changes, those involved and affected by these changes must be aware of their

potential effectiveness. Marlengas research showed that in agricultural work there were
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1193 cases of children injured in the United States and Canada. Marlenga et al also

reported that 33 percent of the children were under the age of sixteen and 36 percent of

the children were between the ages of sixteen and seventeen when injured in this type of

work for doing banned work in the agricultural area. This study estimates by 2010 will

reduce this type of cases of children injured in the agricultural area. Marlenga and the

other researchers argue that children should be protected by the Hazardous Occupations

Orders. In order to complete my research project, Marlengas article provided me with

the information about how the law should protected children from injuries (Marlenga,

Berg, Linneman, Brison & Pickett, 2007).

By the way, Rauscher argues about the deaths that occurred in the United States

in field work. She gives us a rough estimate of how many children die each year

according to the statistics produced by her investigation. Unfortunately, the loss of life

among minor children between 2001 and 2012 was 406 deaths per year. Rauscher

argues that the deaths occurred especially among Latinos because they are the people

who work the most in agriculture. In addition, most fatality cases occur because Latinos

worker dont have a safe place to work and stay in bad conditions (Rauscher &

Douglas, 2016).

Migrant population is the most undereducated major subgroup in US. Migrant

students have a lot of problems in order to adapt to the new school thats why they are

constantly moving in and out of school districts. Teachers have a big responsibility,

helping them to feel comfortable. This research illustrates some cultural conflicts

between the school and migrant families. Most of the teachers dont understand migrant

students behavior and attitudes. Teachers indicated that they need to construct

understandings. Culture is viewed as the particular way in which a social group lives out

and make sense of its given circumstances and conditions in life (Romanowski, 2003).
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According to Thalis Note, child exploitation continues for the following two

reasons: the application, or lack of, legislation and cultural relativism as a force that

prevents the passage. Every American has the idyllic image of the child who works on

the farm. That it is the little boy or girl in the field, working with his brothers and

parents breathing fresh air on the farm and learning about the benefits from hard work.

This generalized general acceptance and promotion of children that agriculture in the

United States has led to federal legislation that has not protect these children. Because

the work of children in the fields is somehow different from the sweat and tension of

children in textile factories. Employment of children under the age of sixteen is

generally prohibited, except in agriculture (Thali, 2015).

Victor B. Saenz argues in his article that Latino male students are vanishing

from the American education. Most of the time, males carry for their families

overlooking their studies. Latino males are more likely to drop out of high school to join

the workforce. Low education levels can translate into higher concentrations in low-

skilled jobs such as construction or agriculture. From an economic perspective, this

situation decreases the labor productivity of a country. From a social perspective, males

are inadequate models for young men. Finally, these aspects affect families and

communities because are the keys to secure and prosperous. Again this article will

provide me some information that I will be need to complete my research project, and

have more information why the Latinos men dont want to finish school and why they

prefer to work in the agriculture (Saenz, 2010).

Here in Sonoma County there are families who force their children to work in

the fields and as a person, witnessing that the children are working against their will, I

can report with the Child Protective Services (CPS), so that they can help these

children. In addition, we can count on the help of Maria Avino, who is a counselor and
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teacher and works for Restorative program, Christina Zapata, who can provide services

such as Alternative Family Services, Humanity counseling education services, Foster

care system, adoption, mental health, she sorks for the children's program until the age

of 21. Finally, the program of raises collective program, where children can find

emotional support and counseling.

In order to protect children from any kind of abuse or discrimination, I have

found information about programs to help them build their dreams and become part of

American community, such as laws to protect from abuse, programs that provide

information and opportunities.

One of these programs it the Migrant Education Advisor Program, or MEAP, is

a collaborative advising program the Office of Migrant Education, the Masters in

Counseling Program at Sonoma State University, and participating school districts. One

of the services provided by MEAP is academic advising. Middle and high school

students are helped by bilingual students so that they will have knowledge about what

they need to ensure graduation from high school and other advices. Other services are:

career guidance, social and emotional support, and parent education (SSU.MEAP,

2017).

Other program is The Association of Farmworker Opportunity Programs

(AFOP), previously mentioned. Since 1997, AFOPs Children in the Fields Campaign

have been dedicated to ensuring that farmworker children are protected and given an

opportunity to succeed in life. By educating the public, advocating for educational

programs for farmworker children, and supporting fair living wages for all farmworkers,

the Children in the Fields Campaign strives to get farmworker children out of the fields

and back into schools (AFOP, 2017).

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The Children in the Fields Campaign has partnered with the Child Labor

Coalition, the National Consumers League, and other concerned parties to protect

farmworker children. Together, they work to publicize the plight of this hidden

population and advocate for federal policies that would strengthen the child labor

safeguards in agriculture so that they are just as protective as those in other industries

(AFOP, 2017).

In 2009, the Children in the Fields Campaign launched a new phase to increase

grassroots efforts in five key states and garner support for better protection of

farmworker children under the law, providing them with equal opportunities for

success. Regional Coordinators in the farmworker communities of California, North

Carolina, Michigan, Ohio, and Texas have formed community coalitions and

farmworker youth councils to raise awareness about the persistent issue of child labor in

our agricultural system (AFOP, 2017).

The voices of farmworker children are rarely heard and their struggles are rarely

understood. The Children in the Fields Campaign is working to help them share their

stories and become leaders in their own communities through farmworker youth photo

exhibits, student-led conferences, and educational materials (AFOP, 2017).

In addition, AFOP hosts an annual Migrant and Seasonal Farmworker Children

Essay and Art Contest. Children across our nation submit descriptive essays and

powerful posters about how working in the fields and migrating with the seasons,

affected their future goals (AFOP, 2017).

Winning essays and artwork are compiled into a booklet and presented to key members

of Congress. The goal is to raise awareness of the discriminatory agricultural exemption

in the current federal child labor law (AFOP, 2017).

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Other program is called Migrant Education Program Region One. In Region 1 we

have a slogan that states: "Nuestro Propsito: Servir a los estudiantes migrantes!

Simply translated, our purpose is to serve the migrant students in our region. Our job is

to ensure that the federal goals are implemented locally to in a way that provides the

greatest benefit to the migrant students and their families in the countries that we serve:

Santa Clara, San Benito, San Mateo, Alameda, San Francisco, and Santa Cruz. The

general purpose of the Migrant Education Program is to ensure that migrant children

fully benefit from the same free public education provided to other children. To achieve

this purpose, the Migrant Education Program helps local operating agencies address the

special educational needs of migrant children to better enable migrant children to

succeed academically. More specifically, Section 1301 of Title I - Part C states that the

purposes of the Migrant Education Program are to:

1. Support high-quality and comprehensive educational programs for migrant

children in order to reduce the educational disruption and other problems that

result from repeated moves.

2. Ensure that migrant children who move among the States are not penalized in

any manner by disparities among the States in curriculum, graduation

requirements, and State academic content and student academic achievement

standards.

3. Ensure that migrant children are provided with appropriate educational services

(including supportive services) that address their special needs in a coordinated

and efficient manner.

4. Ensure that migrant children receive full and appropriate opportunities to meet

the same challenging State academic content and student academic achievement

standards that all children are expected to meet.

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5. Design programs to help migrant children overcome educational disruption,

cultural and language barriers, social isolation, various health-related problems,

and other factors that inhibit their ability to do well in school, and to prepare

them to make a successful transition to postsecondary education or employment.

6. Ensure that migrant children benefit from State and local systemic reforms

(MEP, 2017).

But, the most important for me is the Office of Migrant Education. The mission of the

Office of Migrant Education (OME) is to provide excellent leadership, technical

assistance, and financial support to improve the educational opportunities and academic

success of migrant children, youth, agricultural workers, fishers, and their families. The

OME administers grant programs that provide academic and supportive services to the

children of families who migrate to find work in the agricultural and fishing industries.

The OME also administers several contracts and special initiatives. (OME, 2017).

Funds support high quality education programs for migratory children and help

ensure that migratory children who move among the states are not penalized in any

manner by disparities among states in curriculum, graduation requirements, or state

academic content and student academic achievement standards (OME, 2017). Funds

also ensure that migratory children are provided with appropriate education services

(including supportive services) that address their special needs. Also that such child

receives full and appropriate opportunities to meet the same challenging state academic

content and student academic achievement standards that all children are expected to

meet (OME, 2017). Federal funds are allocated by formula to SEAs (State Education

Agencies), based on each states per pupil expenditure for education and counts of

eligible migratory children, age 3 through 21, residing within the state (OME, 2017).
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States use program funds to identify eligible children and provide education and support

services. These services include: academic instruction; remedial and compensatory

instruction; bilingual and multicultural instruction; vocational instruction; career

education services; special guidance; counseling and testing services; health services;

and preschool services (OME, 2017).

The goal of the Migrant Education Program is to ensure that all migrant students

reach challenging academic standards and graduate with a high school diploma (or

complete a GED) that prepares them for responsible citizenship, further learning, and

productive employment. The Government Performance and Results Act (GPRA) of

1993 was enacted by Congress to provide for the establishment of strategic planning

and performance measurement in the Federal Government (made up of an annual

performance plan and an annual performance report) (OME, 2017).

In December 2010, the Office of Migrant Education initiated a collaborative

process, in order to develop a focused set of new Migrant Education Program GPRAs

that align closely with the program goal. The office consulted with the Data Quality

Initiative, the Migrant Education Program Coordination Workgroup, the Interstate

Migrant Education Council, and the National Association of State Directors of Migrant

Education during this collaborative process, which concluded with four Migrant

Education Program GPRAs in December 2012 (OME, 2017).

The new Migrant Education Program (MEP) GPRAs for 2013 are:

1. The percentage of MEP students that scored at or above proficient on their

states annual Reading/Language Arts assessments in grades 3-8.

2. The percentage of MEP students that scored at or above proficient on their

states annual Mathematics assessments in grades 3-8.

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3. The percentage of MEP students who were enrolled in grades 7-12, and

graduated or were promoted to the next grade level.

4. The percentage of MEP students who entered 11th grade that had received full

credit for Algebra I. (OME, 2017).

The College Assistance Migrant Program (CAMP) assists students who are

migratory or seasonal farmworkers (or children of such workers) enrolled in their first

year of undergraduate studies at an IHE (Institute of Higher Education). The funding

supports completion of the first year of studies. Competitive five-year grants for CAMP

projects are made to IHEs or to nonprofit private agencies that cooperate with such

institutions. The program serves approximately 2,000 CAMP participants annually

(OME, 2017).

Services include outreach to persons who are eligible, counseling, tutoring, skills

workshops, financial aid stipends, health services, and housing assistance to eligible

students during their first year of college. Limited follow-up services are provided to

participants after their first year (OME, 2017).

The High School Equivalency Program (HEP) helps migratory and seasonal farm

workers (or children of such workers) who are sixteen years of age or older and not

currently enrolled in school to obtain the equivalent of a high school diploma and,

subsequently, to gain employment or begin postsecondary education or training. The

program serves more than 5,000 students annually. Competitive awards are made for up

to five years of funding (OME, 2017).

The purposes of HEP (High School Equivalency Program) are to help migrant and

seasonal farmworkers and members of their immediate family: (1) obtain a general

education diploma that meets the guidelines for high school equivalency (HSE)
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established by the State in which the HEP project is conducted; and (2) gain

employment or be placed in an institution of higher education (IHE) or other

postsecondary education or training (OESE) (OME, 2017).

Finally, there are some suggestions for teachers that I would like to share:

It is necessary that schools and teachers integrate the work we do in class and

the lives that live outside the class.

Teachers should develop strategies that will help make transitions (moving from

a school to another) smoother.

The teachers must provide a safe and positive learning environment.

They can initiate information sessions for migrant parents. (OME, 2017).

As far as Im concerned regarding this issue that this is not only happening in USA, but

in most of other countries. Government must view children as assets for their future, but

because of the economic crisis sometimes it isnt possible. However, here in USA, as a

great power, child labor must not exist. Reading some experiences in the web, theres

one which caught my attention. Theres one child that grew up with his mother and

stepfather. The stepfather doesnt want to send him to the school because of the strong

belief that cows lived even without going to the school (MEC, 2013). So, I

immediately realize that not only government has to do something in order to change it,

but some families have to change their thoughts.

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Annotated Bibliography

About Migrant Education Program. Retrieved February 05, 2017, from

http://www.sccoe.org/depts/students/migrantED/Pages/about.aspx

Communications, A. (2017, January 26). Association of Farmworker Opportunity

Programs. Retrieved February 05, 2017, from http://afop.org/

Frongillo, E. , Herrera, H. , & Rivera, J. (2014). Food insecurity in children but not

in their mothers is associated with altered activities, school absenteeism, and

stunting 1, 2. The Journal of Nutrition, 144(10), 1619-1626.

Hall, Greg. (2016). "Light Work". Journal of the West, 55(1), 81-105.
CHILD LABOR 15

Kistenbroker, Hillary. (2012). Implementing article 32 of the convention on the rights of

the child as a domestic statute: Protecting children from abusive labor practices.

Case Western Reserve Journal of International Law, 44(3), 921-954

Landrigan, P. , & McCammon, J. (1997). Child labor still with us after all these years.

Public Health Reports (Washington, D.C. : 1974), 112(6), 466.

Marlenga, Barbara. , Berg, R. , Linneman, J. , Brison, R. , & Pickett, W. (2007).

Changing the child labor laws for agriculture: Impact on injury. American

Journal of Public Health, 97(2), 276.

Migrant Education Advisor Program, The. (2017). Retrieved from

https://www.sonoma.edu/counseling/files/meap.pdf

Neff, Zama. (2011) Child Farmworkers in the United States: A Worst Form of Child

Labor. Retrieved February 05, 2017, from

https://www.hrw.org/news/2011/11/17/child-farmworkers-united-states-worst-

form-child-labor

Office of Migrant Education. (2017). Retrieved February 05, 2017 from

https://www2.ed.gov/about/offices/list/oese/ome/index.html

Rauscher, Kimberly, and Douglas Myers. "Occupational Fatalities Among Young

Workers in the United States: 2001-2012." American Journal of Industrial

Medicine, 59.6 (2016): 445-452.

Romanowski, M. (2003). Meeting the Unique Needs of the Children of Migrant

FarmWorkers. The Clearing House, 77(1), 27-33. Retrieved from

http://www.jstor.org/stable/30189868
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Thali, Meret. (2015). Missing childhood: How cultural norms and government system

continue to support child labor in agriculture. Drake Journal of Agricultural

Law, 20(3), 45 3-481.

Saenz, Victor B. and Ponjuan, Luis.The Vanishing Latino Male in Higher Education.

(2010, November 03). Retrieved March 18, 2017, from

http://diversity.utexas.edu/projectmales/research/jhhe-saenz-ponjuan-jan-2009-

final/