Country profile BOL
Context
Context
| Year | Age group | Proportion | Gender | Indicator | Source |
|---|---|---|---|---|---|
| 2019 | 5-17 | 13 | Male | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2019 | 5-17 | 11.7 | Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2019 | 5-17 | 12.3 | Male & Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2019 | 5-17 | 14 | Male | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2019 | 5-17 | 13.2 | Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2019 | 5-17 | 13.6 | Male & Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Minimum age for hazardous work | 2014-07-17 | C138 & C182 | Code for Children and Young Persons - Section 136 | [{"link_name":"Code for Children and Young Persons","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/98215/BOL98215.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Section 136 of the Code for Children and Young Persons prohibits all persons under 18 years of age from carrying out hazardous types of work. |
| Minimum age for admission to apprenticeship | 1942-12-08 | C138 | General Labour Act - Sections 28–30 and Section 58 | [{"link_name":"-General Labour Act","source_link":"https://www.oas.org/dil/Migrants/Bolivia/Ley%20general%20del%20trabajo%20del%208%20de%20diciembre%20de%201942.pdf"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4347717,102567"}] | No | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | In its CEACR Observation of 2023 on C138, the Committee notes with deep concern that the Government’s report still does not provide any new information on the steps taken to prohibit children under 14 years of age from engaging in apprenticeships, and only refers to information already provided in previous reports. The Committee therefore once again recalls that Sections 28–30 of the General Labour Act do not prescribe a minimum age for signing an apprenticeship contract and that Section 58 of the Act explicitly prohibits work for children under the age of 14 years, except for cases of apprenticeships, while none of these provisions make any reference to Section 129(1) of the Code for Children and Young Persons on the minimum age for admission to work. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2010-12-20 | C138 | Education Act No. 070 - Section 1(8) | [{"link_name":"Education Act No. 070","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/85856/BOL85856.pdf"}] | No | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Section 1(8) of Education Act No. 070 of 20 December 2010 provides that education is compulsory up to the baccalaureate. Under the terms of this Act, the age of completion of compulsory education is 17 years, while the minimum age for admission to employment or work specified by the country when ratifying the Convention is 14 years. |
| Light work - Determination of types and conditions of activities | 2014-07-17 | C138 | Code for Children and Young People - Article 129 | [{"link_name":"Code for Children and Young People","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/98215/BOL98215.pdf"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Article 129 of the Code for Children and Young People has not specifically been amended by Law No. 1139 of 20 December 2018 to provide information of light work that would be permitted to children under 'exceptional circumstances'. These would include work that "does not undermine their right to education, is not dangerous, unhealthy, harmful to their dignity and integral development, or expressly prohibited by the law. |
| Minimum age for light work | 2014-07-17 | C138 | Code for Children and Young People | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4347717,102567:NO"}] | N/A | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | According to CEACR Observation 2023 on C138, the Committee requests the Government, in consultation with the social partners concerned, to take the necessary steps to ensure that the Code for Children and Young Persons is amended so that a minimum age for admission to light work is clearly provided, which should be no less than 12 years, in accordance with Article 7(1) and (4) of the Convention. No minimum age for admission to light work is set in the national legal framework. |
| Minimum age for admission to work | 2018-12-26 | C138 | Law No. 1139 of 20 December 2018 amending the Code for Children and Young People - Section 129(2) | [{"link_name":"-Law No. 1139 of 20 December 2018","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/108365/1139.pdf"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4347717,102567"}] | 14 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | According to CEACR Observation 2023 on C138, "taking into consideration Decision No. 0025/2017 of the Constitutional Court of 21 July 2017 and Law No. 1139 amending the Code for Children and Young Persons, the minimum age for admission to work has been raised to 14 years, in line with the Convention. However, the Committee notes that Law No. 1139 does not explicitly amend Section 129(2), which sets the minimum age for admission to work to 10 years for own-account workers, and to 12 years for children in an employment relationship. ... The Committee requests the Government to confirm that Section 129(2) of the Code for Children and Young Persons is effectively inapplicable." |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | No information | C182 | No information | [{"link_name":"No information","source_link":"No information"}] | No | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | No information |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 1972-08-23 | C182 | Penal Code - Section 321(I) | [{"link_name":"Penal Code","source_link":"https://tsj.bo/wp-content/uploads/2019/11/codigo-penal-y-procedimento-penal.pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | According to Section 321(I) of the Penal Code: "Whoever by means of deception, abuse of a situation of need or vulnerability, of a relationship of dependence or power, violence, threat or any other means of intimidation or coercion, in order to satisfy the desires of others or for profit or benefit, promotes, facilitates or contributes to the prostitution of a person of either sex, or forces them to remain in it, shall be punished with deprivation of liberty for 10 to 15 years. II. The penalty shall be deprivation of liberty for 12 to 18 years when the victim is under 18 years of age or a person suffering from any type of disability. III. The custodial sentence shall be 15 to 20 years if the victim is under 14 years of age, even with his or her consent and without the circumstances provided for in paragraph I, or if the perpetrator or participant is the ascendant, spouse, cohabitant, sibling, guardian, curator or custodian of the victim. The same penalty shall be imposed on the perpetrator or participant who uses drugs, medicines or other substances to force, coerce or subdue the victim. IV. A prison sentence of 8 to 12 years shall be imposed on anyone who, on their own account or on behalf of third parties, ostensibly or covertly maintains a house or establishment where sexual exploitation and/or commercial sexual violence is promoted. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 2009-02-07 ; 1907 | C182 | Constitution - Articles 108, Article 249 ; Law of National Military Service - Article 36 | [{"link_name":"-Constitution","source_link":"https://www.oas.org/dil/esp/constitucion_bolivia.pdf"},{"link_name":"-Law of National Military Service","source_link":"https://www.lexivox.org/norms/BO-L-19070116.html"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | In compliance with Article 108 numeral 12 and 13, Article 249 of the Political Constitution of the Plurinational State of Bolivia approved in 2009, the Military service is compulsory for all Bolivians. In Bolivia, the minimum age for military service is outlined in the Law of National Military Service. According to Article 36 of this law, the minimum age for combat is set at 18 years. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 1972-08-23 | C182 | Penal Code - Section 281bis, Section 281ter | [{"link_name":"-Penal Code","source_link":"https://tsj.bo/wp-content/uploads/2019/11/codigo-penal-y-procedimento-penal.pdf"},{"link_name":"-CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:3336369,102567"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | In its CEACR Direct Request on C182 of 2017,the Committee notes that Section 281bis of the Penal Code, as amended by Act No. 3325 of 18 January 2006, makes it an offence for any person to engage in or facilitate the sale or trafficking of persons, within or outside the national territory, with a view to slavery or practices similar to slavery, economic or commercial sexual exploitation and the sale or illegal supply of organs. The penal sanctions are increased if the victim is a person under 18 years of age. It further noted that Section 281ter of the Penal Code, also amended by Act No. 3325 of 18 January 2006, establishes sanctions for the trafficking of migrants. |
| List of hazardous activities prohibited for children | 2014-07-17 | C138 & C182 | Code for Children and Young Persons - Section 136 | [{"link_name":"Code for Children and Young Persons","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/98215/BOL98215.pdf"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Section 136 of the Code for Children and Young Persons provides the list of hazardous types of work which are prohibited for children and young persons under 18 years of age. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 06-JUN-2003 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 11-JUN-1997 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| According to the ILO CEACR Direct Request on Convention 138, 2021, " the Government states that the Plurinational Comprehensive Protection System for Children and Young Persons (SIPPROINA) has formulated and adopted a 'Public policy for children and young persons: Basic proposal' whose prime objective is the comprehensive development of children and young persons and includes protection against child labour and forced labour. The Government also indicates that it is developing a public policy to tackle the underlying causes of child labour, which will be based on three strategies: (i) prevention; (ii) access to the justice system; and (iii) the protection of children and young persons engaged in child labour." | [{"link_name":"CEACR Direct Request","source_link":"https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4124595,102567"}] | No information | Public policy for children and young persons: Basic proposal | Ministry of Labour, Employment and Social Welfare (MTEPS) |