Country profile COK
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| List of hazardous activities prohibited for children | 2012-12-12 | C138 & C182 | Employment Relations Act - Article 73-6 | [{"link_name":"Employment Relations Act","source_link":"https://www.intaff.gov.ck/wp-content/uploads/2020/07/Employment-Relations-Act-2012-Final.pdf"}] | No | 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. | According to Article 73-6 of the Employment Relations Act of 2012, “hazardous occupation” is prescribed by the Regulations to be dangerous machinery or a hazardous occupation. The said regulations could, however, not be retrieved. |
| Minimum age for hazardous work | 2012-12-12 | C138 & C182 | Employment Relations Act - Article 73-2 | [{"link_name":"Employment Relations Act","source_link":"https://www.intaff.gov.ck/wp-content/uploads/2020/07/Employment-Relations-Act-2012-Final.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. | According to Article 73-2 of the Employment Relations Act of 2012, an employer must not require an employee aged under 18 years to work in a hazardous occupation. |
| Minimum age for admission to apprenticeship | No information | C138 | No information | [{"link_name":"No information","source_link":"No information"}] | 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. | No information |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2012-12-12 ; 2012-12-12 | C138 | Education Act - Article 23 ; Employment Relations Act - Article 30 | [{"link_name":"-Education Act","source_link":"https://planipolis.iiep.unesco.org/sites/default/files/ressources/cook_islands_education_act_2012.pdf"},{"link_name":"-Employment Relations Act","source_link":"https://www.intaff.gov.ck/wp-content/uploads/2020/07/Employment-Relations-Act-2012-Final.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. | Article 23 of the Education Act specifies that each parent or guardian of a child resident in the Cook Islands must ensure that the child continues to be enrolled at a primary or secondary school until the child turns 16 years of age. This is three years above the minimum age for admission to work. In addition, Article 30 of the Employment Relations Act specifies that school-aged persons can only be employed under specific circumstances. |
| Light work - Determination of types and conditions of activities | 2012-12-12 | C138 | Employment Relations Act - Article 30 | [{"link_name":"Employment Relations Act","source_link":"https://www.intaff.gov.ck/wp-content/uploads/2020/07/Employment-Relations-Act-2012-Final.pdf"}] | Yes | 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. | According to Article 30 of the Employment Relations Act of 2012, light work means work that does not threaten the child’s health and safety, or hinder the child’s education or vocational orientation and training. It also specifies the hours and duration under which they may be carried out. |
| Minimum age for light work | 2012-12-12 | C138 | Employment Relations Act - Article 30 | [{"link_name":"Employment Relations Act","source_link":"https://www.intaff.gov.ck/wp-content/uploads/2020/07/Employment-Relations-Act-2012-Final.pdf"}] | 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 Article 30 of the Employment Relations Act of 2012, "an employer must not employ a school-aged person (at least 13 years of age) for work other than light work," implying that light work is permitted under 13 years of age, however no minimum age for light work is set. |
| Minimum age for admission to work | 2012-12-12 | C138 | Employment Relations Act - Article 30 | [{"link_name":"Employment Relations Act","source_link":"https://www.intaff.gov.ck/wp-content/uploads/2020/07/Employment-Relations-Act-2012-Final.pdf"}] | 13 | 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 Article 30 of the Employment Relations Act of 2012, "an employer must not employ a person who is under 13 years of age." |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2004-06-01 | C182 | Crimes Amendment Act | [{"link_name":"Crimes Amendment Act","source_link":"https://www.paclii.org/ck/legis/num_act/caa2004162/"}] | No | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | The Crimes Amendment Act of 2004 does not explicitly cover the use, procuring, or offering of children for the production and trafficking of drugs or other illicit activities in the sections available. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2004-06-01 | C182 | Crimes Amendment Act - Sections 109B and 109I | [{"link_name":"Crimes Amendment Act","source_link":"https://www.paclii.org/ck/legis/num_act/caa2004162/"}] | 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. | The following sections of the Crimes Amendment Act prohibit the use, procuring, or offering of a child for the purpose of prostitution and/or for the production of pornography: Section 109I addresses trafficking for exploitation, which includes sexual exploitation. Section 109B defines "exploitation" to include sexual exploitation, which encompasses prostitution and pornography. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | N/A | C182 | N/A | [{"link_name":"N/A","source_link":"No information"}] | N/A | 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. | Defence is the responsibility of New Zealand, in consultation with the Cook Islands and at its request. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2004-06-01 | C182 | Crimes Amendment Act - Sections 109B and 109I | [{"link_name":"Crimes Amendment Act","source_link":"https://www.paclii.org/ck/legis/num_act/caa2004162/"}] | 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. | According to section 109I of the Crimes Amendment Act of 2004, every person who intentionally engages in trafficking a child or is involved in the arranging of trafficking a child shall be liable to imprisonment for a term not exceeding 30 years or to a fine not exceeding $800,000 or to both. Section 109B further provides for the definition of a “child” as a person under the age of 18 years; “exploitation” as all forms of sexual exploitation (including sexual servitude and exploitation of another person’s prostitution), forced labour or services, slavery or practices similar to slavery, servitude and the removal of organs; and “trafficking in persons” as the recruitment, transportation, transfer, harbouring or receipt of a person for the purpose of exploitation. |
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) | 15-AUG-2018 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| No information | [{"link_name":"Source","source_link":"No information "}] | No information | No information | No information |