Country profile GTM
Context
Context
| Year | Age group | Proportion | Gender | Indicator | Source |
|---|---|---|---|---|---|
| 2013 | 7-17 | 11.4 | Male | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2013 | 7-17 | 4.6 | Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2013 | 7-17 | 8.1 | Male & Female | Proportion of children engaged in economic activity, 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 |
|---|---|---|---|---|---|---|---|---|
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2009-03-20 | C182 | Law against Sexual Violence, Exploitation, and Human Trafficking - Article 47 | [{"link_name":"Law against Sexual Violence, Exploitation, and Human Trafficking","source_link":"https://www.ciprodeni.org/wp-content/uploads/2018/08/LeyContraViolenciaSexualTrataPersonas.pdf"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Article 47 of the law against sexual violence, exploitation and human trafficking prohibits and details penalties for trafficking persons, including recruiting minors for criminal activities. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2009-03-20 ; 2003 | C182 | Law against Sexual Violence, Exploitation, and Human Trafficking - Articles 38, 39 and 40 ; Decree Number 27-2003 on the Law on Comprehensive Protection of Children and Adolescents - Article 57 | [{"link_name":"-Law against Sexual Violence, Exploitation, and Human Trafficking","source_link":"https://www.ciprodeni.org/wp-content/uploads/2018/08/LeyContraViolenciaSexualTrataPersonas.pdf"},{"link_name":"-Decree Number 27-2003 on the Law on Comprehensive Protection of Children and Adolescents","source_link":"https://oig.cepal.org/sites/default/files/2003_d27-2003_gtm.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. | Articles 38, 39 and 40 of the Law against Sexual Violence, Exploitation, and Human Trafficking criminalizes the production of child pornography, and sexual activities with minors in exchange for benefits. Besides, Article 57 of the Decree Number 27-2003 on the Law on Comprehensive Protection of Children and Adolescents states that, children and adolescents have the right to be protected against all forms of sexual exploitation or abuse, including: a) Incitement or coercion to engage in any sexual activity; b) Their use in prostitution, pornographic shows or material; c) Sexual promiscuity; d) Sexual harassment by teachers, guardians and those responsible for their care. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1990 ; 1993 ; 2003 | C182 | Constitutive Law of the Guatemalan Army, Decree No. 72-90 - Article 69; Constitution - Article 245 ; Law for the Comprehensive Protection of Children and Adolescents | [{"link_name":"-Constitutive Law of the Guatemalan Army, Decree No. 72-90","source_link":"https://archivos.juridicas.unam.mx/www/bjv/libros/5/2048/8.pdf"},{"link_name":"-Constitution","source_link":"https://www.cijc.org/es/NuestrasConstituciones/GUATEMALA-Constitucion.pdf"},{"link_name":"-Law for the Comprehensive Protection of Children and Adolescents","source_link":"https://oig.cepal.org/sites/default/files/2003_d27-2003_gtm.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 69 of the Constitutive Law of the Guatemalan Army sets the age of enrolment in the army to 18. In addition the Constitution (Article 245) prohibits illegal armed groups. Article 57 of the Law for the Comprehensive Protection of Children and Adolescents states the Right to Protection in Armed Conflict namely that in the event of armed conflict, children and adolescents have the right not to be recruited, and the State must ensure compliance with the applicable norms of international humanitarian law. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2009-03-20 ; 2003 | C182 | Law against Sexual Violence, Exploitation, and Human Trafficking - Articles 23 and 47 ; Decree No. 27-2003 on the Law on Comprehensive Protection of Children and Adolescents - Article 50 | [{"link_name":"-Law against Sexual Violence, Exploitation, and Human Trafficking","source_link":"https://www.ciprodeni.org/wp-content/uploads/2018/08/LeyContraViolenciaSexualTrataPersonas.pdf"},{"link_name":"-Decree No.27-2003","source_link":"https://oig.cepal.org/sites/default/files/2003_d27-2003_gtm.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. | Article 47 of the Law against Sexual Violence, Exploitation and Human trafficking, defines the crime of human trafficking, including exploitation for prostitution, forced labour, slavery, and other forms of exploitation. In addition Article 23 punishes whoever, through any action or omission, causes a minor physical harm, psychological harm, illness, or places the child at serious risk of suffering them, shall be punished with imprisonment from two to five years, without prejudice to the sanctions applicable for other crimes. Beside, it is worth noting that Article 50 of the Decree No. 27-2003 on the Law on Comprehensive Protection of Children and Adolescents states that children and adolescents have the right to protection against abduction, trafficking, sale and trafficking for any purpose or in any form. |
| List of hazardous activities prohibited for children | 2006-05-30 | C138 & C182 | Regulation for the Implementation of ILO Convention No. 182 on the Worst Forms of Child Labour and Immediate Action for their Elimination (Acuerdo Gubernativo 250-2006) | [{"link_name":"Acuerdo Gubernativo 250-2006","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/73767/gtagx250-2006.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 Regulation for the Implementation of ILO Convention No. 182 on the Worst Forms of Child Labour and Immediate Action for their Elimination (Acuerdo Gubernativo 250-2006) implements the provisions of C182, and includes the identification and prohibition of hazardous activities for children under 18 in Guatemala. |
| Minimum age for hazardous work | 1971-05-05 | C138 & C182 | Labour Code | [{"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:4302474,102667:NO"}] | No | 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 CEACR Observation adopted in 2022 on C138, Section 148(a) of the Labour Code (under the terms of which the minimum age for hazardous types of work shall be determined by the regulations for the respective occupation or the labour inspectorate) needs to be amended in order to set the general minimum age at 18 years for all hazardous types of work, in accordance with Government Decision No. 250-2006, |
| Minimum age for admission to apprenticeship | 1987 | C138 | Law 1265/1987 | - | 15 years | 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. | The minimum age for admission to apprenticeship is set at 15 years. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 1991-01-12 ; 2006 | C138 | Constitution - Article 74 ; Regulation for the Implementation of ILO Convention No. 182 on the Worst Forms of Child Labor and Immediate Action for their Elimination | [{"link_name":"-Constitution","source_link":"https://guatemala.justia.com/nacionales/constitucion-de-la-republica-de-guatemala/titulo-ii/capitulo-ii/seccion-cuarta/#articulo-74"},{"link_name":"-Regulation for the Implementation of ILO Convention No. 182 on the Worst Forms of Child Labor and Immediate Action for their Elimination","source_link":"https://bvssan.incap.int/local/Legislacion/LDT002.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 74 of the Constitution, education constitutes a right and an obligation. All Guatemalans are to receive Initial, Pre-primary, Primary, and Basic Education. Thereby bringing the age of compulsory education to 14-15 in line with the minimum age for admission to work. In addition the "Regulation for the Implementation of ILO Convention No. 182 on the Worst Forms of Child Labor and Immediate Action for their Elimination" (Acuerdo Gubernativo 112-2006) also explicitly mentions that any work that makes the it impossible to accomplish the right to compulsory education is prohibited for children under 18. |
| Light work - Determination of types and conditions of activities | 1971-05-05 | C138 | Labour Code - Article 150 | [{"link_name":"Labour Code","source_link":"https://www.wipo.int/edocs/lexdocs/laws/es/gt/gt015es.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 150 of the Labour Code the conditions for light work in Guatemala are: a) That the minor is going to work as an apprentice or needs to contribute to the family economy due to the extreme poverty of the parents or guardians responsible for their care. b) That the work is light in terms of duration and intensity, and compatible with the minor's physical, mental, and moral health. c) That the requirement of compulsory education is met in some form. Each authorization must clearly specify the minimum protection conditions under which minors will work. |
| Minimum age for light work | 2019 | C138 | Ministerial Agreement 260-2019 | [{"link_name":"Ministerial Agreement 260-2019","source_link":"N/A"}] | 15 | 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 Ministerial Agreement 260-2019, minimum age for admission to light work is set at 15 years. |
| Minimum age for admission to work | 2019 | C138 | Ministerial Decree 260-2019 | [{"link_name":"Ministerial Decree 260-2019","source_link":"https://fr.scribd.com/document/493414931/Acuerdo-Ministerial-260-2019-Edad-Minima-de-Admision-de-Empleo"}] | 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. | The minimum age for admission to work is set at 15 years. |
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) | 11-OCT-2001 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 27-APR-1990 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| Guatemala is a Pathfinder Country of the Alliance 8.7, a global partnership committed to eradicating forced labour, modern slavery, human trafficking, and child labour. As part of this initiative, Guatemala has developed a roadmap towards achieving Sustainable Development Goal (SDG) 8.7. This roadmap outlines the strategic objectives and actions necessary to make significant progress in these areas. The main objectives of Guatemala's roadmap are: Promote a culture of prevention and eradication of child labour in all its forms and protection of adolescent workers of minimum working age. Protect the labour rights of adolescent workers of minimum working age. Strengthen mechanisms for monitoring and reporting to combat child labour in all its forms and protect adolescent workers of minimum working age. Coordinate and articulate the administrative functions of public and private entities to promote and strengthen mechanisms and actions for preventing and eradicating child labour and its worst forms and protecting adolescent workers of minimum working age. | [{"link_name":"SDG 8.7 Roadmap","source_link":"https://www.alliance87.org/sites/default/files/2023-08/HOJA%20DE%20RUTA%20PARA%20LA%20PREVENCIO%CC%81N%20Y%20ERRADICACIO%CC%81N%20DEL%20TRABAJO%20INFANTIL%20FINAL%20PARA%20PUBLICAR%20-%20GUATEMALA.pdf"}] | 2022 to 2025 | SDG 8.7 Roadmap | Gabinete Específico de Desarrollo Social (Specific Cabinet for Social Development) |
| the Public Policy for the Comprehensive Protection of Children and Young Persons 2017–2032, provides, in its focus area 3 (Special protection), for the protection of children and young persons against exploitation and trafficking and, to that end, includes the strengthening of the Secretariat to Combat Sexual Violence, Exploitation and Trafficking of Persons (SVET) as the coordinating entity for prevention, care and restitution of rights of children and young persons that are victims of crimes of that sort. The Policy also provides for the establishment of a Specialized Centre for Care and Restitution of Rights of Children and Young Persons that are victims of sexual violence, exploitation and trafficking of persons. The mandate of the policy is held by Secretariat of Social Welfare of the Presidency of the Republic. This entity, along with the Social Movement for the Rights of Children and Youth, plays a key role in the implementation and monitoring of the policy and action plan aimed at ensuring the human rights of children and adolescents in Guatemala. They work towards creating sustainable actions for the protection and fulfillment of these rights at both national and municipal levels. | [{"link_name":"Public Policy for the Comprehensive Protection of Children and Young Persons","source_link":"https://siteal.iiep.unesco.org/sites/default/files/sit_accion_files/politica_publica_y_plan_de_accion_para_la_proteccion_integral_a_la_ninez_y_la_adolescencia_2017-2032.pdf"}] | 2017-2032 | Public Policy for the Comprehensive Protection of Children and Young Persons 2017–2032 | Secretariat of Social Welfare of the Presidency of the Republicand the Social Movement for the Rights of Children and Youth |