Legal Curriculum on Restavèk Children in Haiti
- Estimates put the number of restavèk children in Haiti between 150,000 and 500,000, and about 3,000 in the Dominican Republic.
- Haiti ratified the Convention on the Rights of the Child in 1995, ILO Convention 182 in 2007, ILO Convention 138 in 2009 and the Trafficking Protocol in 2011.
- Haiti signed the Optional Protocol on the sale of children in 2002 but never ratified it.
- Haiti's Labor Code sets the minimum age for domestic labor at 12, which the document says violates ILO Convention 138.
- Haiti has no criminal domestic anti-trafficking law, and the 2003 child protection act is the main protection for children from trafficking.
- IBESR is understaffed and lacks basic equipment, and the US State Department reported no prosecutions or convictions in the last year.
The document was prepared by three law students under Clinical Professor Susan M. Akram of Boston University School of Law as background for stakeholder meetings planned for September 2012. It describes the restavèk practice, in which poor families send children to work as domestic servants for other households, and cites estimates of 150,000 to 500,000 such children. It reviews the international treaties Haiti has signed or ratified on children's rights, child labor, trafficking and adoption, and the Haitian laws on employment, child welfare, criminal law and adoption.
It finds that Haiti has laws that could address the practice but cannot enforce them, since the responsible agency, IBESR, is understaffed and under-equipped. It notes that Haiti has no criminal anti-trafficking statute and that current adoption law does not cover restavèk placements. Each section ends with questions on how legal workers, NGOs and the law school could strengthen enforcement and draft new legislation.
How to cite
Boston University School of Law, 2012, Legal Curriculum on Restavèk Children in Haiti, accessed via HaitiDocs, https://www.haitidocs.org/doc/bu-law-2012-legal-curriculum-restavek-children-haiti
- Rights holder
- Boston University School of Law