Country profile PER
Context
Context
| Year | Age group | Proportion | Gender | Indicator | Source |
|---|---|---|---|---|---|
| 2020 | 5-17 | 9.15 | Male | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2020 | 5-17 | 7.53 | Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2020 | 5-17 | 8.35 | Male & Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2015 | 5-17 | 14.3 | Male | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2015 | 5-17 | 14.7 | Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2015 | 5-17 | 14.5 | 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 |
|---|---|---|---|---|---|---|---|---|
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2023-07-08 | C182 | Penal code - Articles 46-D, 128, 296, 296-A, and 297 | [{"link_name":"Penal code","source_link":"https://diariooficial.elperuano.pe/Normas/obtenerDocumento?idNorma=2"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Articles 46-D, 128, 296, 296-A, and 297 of the Penal Code together prohibit the use of children for the production and trafficking of drugs and illicit activities |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2023-07-08 | C182 | Penal code - Articles 46-D, 129-H to 129-N | [{"link_name":"Penal code","source_link":"https://diariooficial.elperuano.pe/Normas/obtenerDocumento?idNorma=2"}] | 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 46-D, 129-H to 129-N of the Penal Code together prohibit the procuring or offering of a child for the purpose of prostitution and/or for production of pornography. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | No information | C182 | Law No. 29248 Military Service - Articles 2 and 6 | [{"link_name":"Law No. 29248 Military Service","source_link":"https://cdn.www.gob.pe/uploads/document/file/306136/L_29248.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. | Articles 2 and 6 of the Law on military service prohibit military service for children under 18 years. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2022 | C182 | Act No. 27337 of 2022 which approves the new Code of Children and Young Persons (CNA) - Article 4 | [{"link_name":"Act No. 27337 of 2022 which approves the new Code of Children and Young Persons (CNA)","source_link":"https://www.mimp.gob.pe/files/direcciones/dga/nuevo-codigo-ninos-adolescentes.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 4 of the CNA prohibits Commercial Sexual and labour Exploitation of Children. This is reinforced by articles 129 in the penal code and by the Law Against Human Trafficking and Illegal Smuggling of Migrants. |
| List of hazardous activities prohibited for children | 2022 | C138 & C182 | Supreme Decree No. 009-2022-MIMPapproving the list of hazardous or harmful work and activities for the physical or moral health of adolescents | [{"link_name":"-Supreme Decree No. 009-2022-MIMPapproving the list of hazardous or harmful work and activities for the physical or moral health of adolescents","source_link":"https://cdn.www.gob.pe/uploads/document/file/3448376/ds-009-2022-mimp.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:4363294,102805"}] | 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 adoption of Supreme Decree No. 009-2022-MIMP sets out a detailed list of work and activities considered hazardous, including night work. In its Direct Request (CEACR) - adopted 2023 on C138, 'The Committee notes with interest that: (1) section 58 of the new CNA prohibits the employment of persons under the age of 18 years in hazardous work; and (2) the adoption of Supreme Decree No. 009-2022-MIMP sets out a detailed list of work and activities considered hazardous, including night work. ' |
| Minimum age for hazardous work | 2022 | C138 & C182 | Act No. 27337 of 2022 which approves the new Code of Children and Young Persons (CNA) - Section 58 | [{"link_name":"-Act No. 27337 of 2022 which approves the new Code of Children and Young Persons (CNA)","source_link":"https://www.mimp.gob.pe/files/direcciones/dga/nuevo-codigo-ninos-adolescentes.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:4363294,102805"}] | 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 58 of the new CNA prohibits the employment of persons under the age of 18 years in hazardous work. In its Direct Request (CEACR) - adopted 2023 on C138, 'The Committee notes with interest that: (1) section 58 of the new CNA prohibits the employment of persons under the age of 18 years in hazardous work; and (2) the adoption of Supreme Decree No. 009-2022-MIMP sets out a detailed list of work and activities considered hazardous, including night work. ' |
| Minimum age for admission to apprenticeship | 2005 | C138 | Law 28518, Law on Vocational Training Modalities - Article 11.2 | [{"link_name":"Law 28518, Law on Vocational Training Modalities","source_link":"https://diariooficial.elperuano.pe/Normas/obtenerDocumento?idNorma=36"}] | 14 | 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. | Article 11.2 of Law No. 28518, the Law on Vocational Training Modalities, stipulates that an apprentice must have completed primary education and be at least 14 years of age. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 1993 ; 2003-07-29 | C138 | Peruvian Constitution - Article 17 ; General Education Law 28044 - Articles 12 and 36 | [{"link_name":"-Peruvian Constitution","source_link":"https://www.oas.org/juridico/spanish/per_res17.pdf"},{"link_name":"-General Education Law 28044","source_link":"https://www.gob.pe/institucion/congreso-de-la-republica/normas-legales/118378-28044"}] | No | 4 | C138 requires member States to align the age of completion of compulsory education with the minimum age for admission to employment or work. | According to Article 17 of the Peruvian Constitution, early childhood, primary, and secondary education are compulsory. This is confirmed by Articles 12 and 36 of the General Education Law according to which secondary education would last until approximately 17 years. This is above the minimum age of admission to work set at 14 according to the Code for Children and Young persons. |
| Light work - Determination of types and conditions of activities | N/A | C138 | N/A | [{"link_name":"N/A","source_link":"N/A"}] | 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 types and conditions of light work which may be carried out by children is not determined. |
| Minimum age for light work | 2022 | C138 | Act No. 27337 of 2022 which approves the new Code of Children and Young Persons (CNA) - Section 51 | [{"link_name":"Act No. 27337 of 2022 which approves the new Code of Children and Young Persons (CNA)","source_link":"https://www.mimp.gob.pe/files/direcciones/dga/nuevo-codigo-ninos-adolescentes.pdf"}] | 12 | 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. | Under Section 51 of the CNA, the minimum age for light work is set at 12 years. |
| Minimum age for admission to work | 2022 | C138 | Act No. 27337 of 2022 which approves the new Code of Children and Young Persons (CNA) - Section 51 | [{"link_name":"Act No. 27337 of 2022 which approves the new Code of Children and Young Persons (CNA)","source_link":"https://www.mimp.gob.pe/files/direcciones/dga/nuevo-codigo-ninos-adolescentes.pdf"}] | 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. | Under Section 51 of the Children and Young Persons Act (CNA), the minimum age for work is set at 14 years, with the exception of light work at 12 years, and 15 years for non-industrial agricultural work, 16 years for industrial, commercial and mining work, and 17 years for work in industrial fishing. |
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) | 10-JAN-2002 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 13-NOV-2002 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| In its Direct Request (CEACR) - adopted 2023 on C138, the committee noted that although the implementation of the National Strategy for the Prevention and Eradication of Child Labour 2020–21 (ENPETI) ended in 2021, its strategic axes of intervention continue to be used as a reference for the work plans of the National Steering Committee for the Prevention and Elimination of Child Labour (CPETI) and the Regional Directorate for the Prevention and Eradication of Child Labour (CDRPETI). | [{"link_name":"-ENPETI","source_link":"https://oiss.org/wp-content/uploads/2018/12/9-estrategia20122021_peru.pdf"},{"link_name":"-CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=NORMLEXPUB:13100:0::NO::P13100_COMMENT_ID%2CP13100_COUNTRY_ID:4363294%2C102805"}] | 2012-2021 | National Strategy for the Prevention and Eradication of Child Labour 2012–21 (ENPETI) | Ministry of Labor and Employment Promotion |