Country profile CPV
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 | 2016-03-10 | C138 & C182 | Act No. 113/VIII/2016 National List of Dangerous Work for Children | [{"link_name":"Act No. 113/VIII/2016 National List of Dangerous Work for Children","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/101425/LEY%20113%20CABO%20VERDE.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. | The national list of hazardous types of work prohibited for children in different industries was adopted by Act No. 113/VIII/2016 on 10 March 2016. |
| Minimum age for hazardous work | 2016-03-10 | C138 & C182 | Act No. 113/VIII/2016 National List of Dangerous Work for Children - Article 2 | [{"link_name":"-Act No. 113/VIII/2016 National List of Dangerous Work for Children","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/101425/LEY%20113%20CABO%20VERDE.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:4288496,103096"}] | 16 | 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. | The list of hazardous types of work prohibited for children in different industries and which was adopted by Act No. 113/VIII/2016 on 10 March 2016 only applies to children under 16 years of age (Article 2: scope of application). In its CEACR Observation of 2022 on C138, the Committee urges the Government to take the necessary measures to ensure that the review of the list of hazardous types of work raises the general minimum age for admission to hazardous work to 18 years, and to ensure that no child under the age of 18 shall be authorised to engage in hazardous work, other than in the exceptional cases allowed by Article 3(3) of the Convention. |
| 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? | 2007-10-16 | C138 | Labour Code - Article 261-1 | [{"link_name":"Labour Code","source_link":"https://correios.cv/static/managed/C%C3%B3digo_laboral_Cabo-Verdiana.pdf"}] | Yes | 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. | According to Article 261-1 of the Labour Code, no minor may work until they have completed compulsory schooling and in no case before they have reached the age of 15, thereby ensuring alignment between the minimum age for admission to work and the age of completion of compulsory education. |
| Light work - Determination of types and conditions of activities | 2007-10-16 | C138 | Labour Code - Article 261 | [{"link_name":"Labour Code","source_link":"https://correios.cv/static/managed/C%C3%B3digo_laboral_Cabo-Verdiana.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. | The national legal framework of Cabo Verde does not determine types and conditions under which light work may be allowed. However, it is worth noting that, according to Article 261 of the Labour Code, Allinea 3, the hiring of a minor to carry out the tasks referred to in the previous paragraph is subject to approval by the Directorate-General for Labour, which may order the deletion of certain clauses of the contract, add or correct others and may also, in a reasoned order, refuse approval when it considers that the interests of the minor are not duly safeguarded. Executing the contract without the competent approval from the Directorate-General for Labour is a punishable offence. When both parents are responsible for parental authority, the absence of one of them constitutes grounds for illegitimacy in order to obtain any of the effects provided for in this article. |
| Minimum age for light work | 2007-10-16 | C138 | Labour Code - Article 261 | [{"link_name":"Labour Code","source_link":"https://correios.cv/static/managed/C%C3%B3digo_laboral_Cabo-Verdiana.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 261 of the Labour Code, Paragraph 2, the hiring of a minor for acting, cinema, ballet, music and other activities of a spiritual nature does not constitute a violation provided that the minor's occupation is duly accompanied by their parents or whoever legally represents them, and does not harm their health, schooling, education or affect their physical, mental or moral development. No minimum age for admission to light work is set. |
| Minimum age for admission to work | 2007-10-16 | C138 | Labour Code - Article 261-1 | [{"link_name":"Labour Code","source_link":"https://correios.cv/static/managed/C%C3%B3digo_laboral_Cabo-Verdiana.pdf"}] | 15 | 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 261-1 of the Labour Code, no minor may work until they have completed compulsory schooling and in no case before they have reached the age of 15. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 1993-07-12 | C182 | Drug Trafficking Law - Article 8 | [{"link_name":"Drug Trafficking Law","source_link":"https://sherloc.unodc.org/cld/uploads/res/document/law-78-iv-93-dated-12-july_html/Law_78_IV_93_dated_12_July.pdf"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | The drug trafficking law prohibits the production and trafficking of drugs and Article 8 provides grounds for worsening the penalties if the agent employs the collaboration, in any form, of minors. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2021 | C182 | Act No. 117/IX/2021 - section 150-A | [{"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:4288498,103096:NO"}] | 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. | In its CEACR Observation of 2022 on C182, the Committee notes the amendment of the Cabo Verdean Penal Code through Act No. 117/IX/2021 of 2021 to include separate provisions on sex crimes, including a new section 150-A on child pornography which covers not only digital pornography offences, but pornography in all its forms. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1993-05-24 ; 2015-11-11 | C182 | Military Service Law - Article 2 ; Penal Code - Article 268-C | [{"link_name":"-Military Service Law","source_link":"https://fa.gov.cv//wp-content/uploads/2022/09/Decreto-Legislativon6_93_24_Lei-de-Servico-Militar.pdf"},{"link_name":"-Penal Code","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/110518/Decreto-Legislativo%20n%204_2015%20cabo%20verde.pdf"}] | 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. | Article 2 on Compulsory military service of the Military Service Law states that without prejudice to the provisions of Article 8, all Cape Verdean citizens between the ages of 18 and 35 shall be subject to compulsory military service and compliance with the military obligations arising from this law. Article 268-C of the Penal Code criminalises the recruitment or enlistment of children under 18 years old in armed forces, military forces, or paramilitary forces of a State, or in armed groups distinct from the armed forces, military forces, or paramilitary forces of a State, or their use to participate in hostilities. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2015-11-11 | C182 | Penal Code - Section 271A | [{"link_name":"Penal Code","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/110518/Decreto-Legislativo%20n%204_2015%20cabo%20verde.pdf"}] | 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. | Section 271A of the Penal Code criminalises the sale and trafficking of persons, including minors, for purposes of sexual or labour 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) | 23-OCT-2001 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 07-FEB-2011 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| This Plan is a strategic and guiding document whose main objective is to prevent and combat sexual violence against children and adolescents and places centrality on strategies and actions with children and adolescents. The expansion of the network of caregivers for children and adolescents and a greater number of day and leisure centers have contributed to ensuring that children remain away from spaces that could violate their rights. Fernando Elísio Freire guarantees that in the near future, the Government will develop and create children's emergency centers also on the islands of Sal, Santo Antão and Santiago Norte. | [{"link_name":"National Plan to Prevent and Combat Sexual Violence Against Children and Adolescents","source_link":"https://www.governo.cv/apresentado-o-plano-de-acao-nacional-de-prevencao-e-combate-a-violencia-sexual-contra-criancas-e-adolescente-a-tolerancia-tem-que-ser-zero-fernando-elisio-freire/"}] | 2022-2024 | National Plan to Prevent and Combat Sexual Violence Against Children and Adolescents | The Ministry of Family |
| The 2021–25 CPLP Action Plan was approved at the 14th meeting of CPLP Ministers of Labour and Social Affairs on 30 March 2021, with the main objective of combating child labour in CPLP Member States through: (i) improving the understanding of child labour to inform the development of policies and programmes; (ii) strengthening the capacity of relevant stakeholders in each Member State; (iii) increasing political dialogue with a view to adopting public policies that will effectively support the fight against child labour; (iv) fostering and strengthening multilateral technical cooperation among CPLP Member States and with the ILO; and (v) promoting the exchange of experiences and work done among the CPLP Member States. In addition, the Committee notes that, according to information available to the ILO, various awareness-raising activities are being implemented in the framework of the EU-funded Trade for Decent Work (T4DW) project, such as the publication of a children's comic book on child labour and a march alluding to the World Day against Child Labour, in partnership with the Cabo Verdean Institute for Children and Adolescents (ICCA), which is one of the main organizations driving the development of policies to protect the rights of children in the country. | [{"link_name":"-CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4288494,103096"}] | 2021-2025 | Community of Portuguese-speaking Countries (CPLP) Action Plan against Child Labour | Community of Portuguese-speaking Countries (CPLP), namely Angola, Brazil, Guinea-Bissau, Mozambique, Portugal, Sao Tome and Principe and Timor-Leste |