Country profile SLV
Context
Context
| Year | Age group | Proportion | Gender | Indicator | Source |
|---|---|---|---|---|---|
| 2020 | 5-17 | 5.65 | Male | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2020 | 5-17 | 1.45 | Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2020 | 5-17 | 3.564 | Male & Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2019 | 5-17 | 6.48 | Male | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2019 | 5-17 | 7.3 | Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2019 | 5-17 | 6.88 | 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 admission to apprenticeship | 1972-06-23 | C138 | Labour Code - Article 37 | [{"link_name":"Labour Code","source_link":"https://wwwex.ilo.org/dyn/natlex2/r/natlex/fe/details?p3_isn=49592"}] | 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. | According to Article 37, the age for entry into apprenticeship is 14 years and the performance of hazardous types of work in the context of apprenticeship is prohibited. However, the Bill does not contain provisions establishing the conditions under which apprenticeship may be carried out within the meaning of the Convention. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 1996-12-12 | C138 | The General Education Law (Decree No. 917) - Article 20 | [{"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:4288402,102835"},{"link_name":"-The General Education Law (Decree No. 917)","source_link":"https://www.mined.gob.sv/wp-content/plugins/download-manager/viewer/viewer.php?dl=https://www.mined.gob.sv/wp-content/uploads/download-manager-files/LEY%20GENERAL%20DE%20EDUCACION.pdf"}] | 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. | Article 20 of the Education law specifies that Basic Education is compulsory and comprises nine years of study from the first to the ninth grades and is organized in three cycles of three years each, starting normally at seven years of age, typically ending compulsory schooling around 15 years, which is above the minimum age for admission to employment. According to the ILO CEACR Direct Request on Convention 138, 2022, "The Committee requested the Government to continue taking the necessary measures to raise the school attendance rate of children below the minimum age for admission to employment, which is 14 years, particularly in rural areas. " |
| Light work - Determination of types and conditions of activities | 1993-10-11 ; 1983 ; 2023-01-01 | C138 | Constitution - Article 38(10) ; Family Code - Section 377 ; Growing Together Act for the Comprehensive Protection of Early Childhood, Children and Adolescents - Article 87 | [{"link_name":"-Growing Together Act for the Comprehensive Protection of Early Childhood, Children and Adolescents","source_link":"https://www.unicef.org/elsalvador/media/4611/file/Ley%20Crecer%20Juntos.pdf"},{"link_name":"-Constitution","source_link":"https://www.asamblea.gob.sv/sites/default/files/documents/decretos/171117_072857074_archivo_documento_legislativo.pdf"},{"link_name":"-Family Code","source_link":"https://www.oas.org/dil/esp/codigo_de_familia_el_salvador.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. | The situations covered by Article 38(10) of the Constitution and Section 377 of the Family Code, namely work by children under 14 years is allowed by derogation and taking into account specific circumstances, where it is indispensable for the subsistence of the child and her or his family and does not prevent the child from fulfilling compulsory schooling. Furthermore, Article 87 of the states that "Exceptionally, the employment of persons under the age of fourteen may be authorised, provided that the following conditions are met: a) That it is essential for their subsistence or that of their family, i.e. in emergency situations, without implying negligence or carelessness on the part of their parents or guardians in relation to work. b) It does not involve any of the worst forms of child labour, especially those provided for in Convention No. 182 of the International Labour Organisation, respecting the rules on working hours, schedules and working conditions provided for in the Constitution, Law and International Treaties. c) It allows for the full exercise of their rights, particularly those relating to education, play and recreation." |
| Minimum age for light work | 1972-06-23 | C138 | Labour Code | [{"link_name":"Labour Code","source_link":"https://wwwex.ilo.org/dyn/natlex2/r/natlex/fe/details?p3_isn=49592"}] | 16 | 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. | The employment of minors aged 16 and over is authorised provided that their health, safety and morality are guaranteed and that they receive instruction and vocational training in the field of work. |
| Minimum age for admission to work | 1972-06-23 ; 2023-01-01 | C138 | Labour Code - Articles 114 and 116 ; Growing Together Act for the Comprehensive Protection of Early Childhood, Children and Adolescents - Article 87 | [{"link_name":"-Labour Code","source_link":"https://wwwex.ilo.org/dyn/natlex2/r/natlex/fe/details?p3_isn=49592"},{"link_name":"-Growing Together Act for the Comprehensive Protection of Early Childhood, Children and Adolescents","source_link":"https://www.unicef.org/elsalvador/media/4611/file/Ley%20Crecer%20Juntos.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. | Article 114 of the Labour Code provides that minors under fourteen years of age and those who, having reached that age, are still subject to compulsory education, may not be engaged in any work. It is worth noting that, Article 87 of the Growing Together Act for the Comprehensive Protection of Early Childhood, Children and Adolescents also sets the minimum age for admission to work to 14 years. Article 116 of the Labour Code outlined that the working day of minors under sixteen years of age shall not exceed six hours a day and thirty-four hours a week, in any kind of work. Likewise, they may work up to two hours of overtime in a day, and perform work requiring great physical effort. Minors under eighteen years of age may not work at night. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2020-01-01 | C182 | Growing Together Act for the Comprehensive Protection of Early Childhood, Children and Adolescents - Article 86. h) | [{"link_name":"Growing Together Act for the Comprehensive Protection of Early Childhood, Children and Adolescents","source_link":"https://www.unicef.org/elsalvador/media/4611/file/Ley%20Crecer%20Juntos.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 86. h) prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 1983 ; 1997 | C182 | Special Law Against Trafficking in Persons - Article 5 ; Penal Code - Article 173 | [{"link_name":"-Special Law Against Trafficking in Persons","source_link":"https://www.acnur.org/fileadmin/Documentos/BDL/2016/10431.pdf"},{"link_name":"-Penal Code","source_link":"https://www.oas.org/dil/esp/codigo_penal_el_salvador.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. | As per Article 5 of the Special Law Against Trafficking in Persons the following are modalities of human exploitation: a) Servitude: state of dependency or subjection of the will, in which the trafficker induces or obliges the victim of human trafficking to perform acts, work, or provide services. b) Sexual exploitation: all actions aimed at inducing or forcing a person to perform acts of a sexual or erotic nature to obtain an economic or other type of benefit for oneself or a third party. This includes acts of prostitution and pornography. c) Commercial sexual exploitation in the tourism sector: the use of persons in activities for sexual purposes, using tourism services and facilities for that purpose. d) Forced labor: labor or service exacted from a person, under threat or coercion. e) Slavery: state or condition of a person, over whom the will or absolute control of another person is exercised, to the point that he/she is treated as an object. Besides, Article 173 of the Penal Code states that anyone who produces, reproduces, distributes, publishes, imports, exports, offers, finances, sells, trades, or disseminates in any way images, or uses the voice of a person under eighteen years of age, or of a person who is incapacitated or mentally disabled, whether directly, digitally, audiovisually, virtually, or by any other means, in which such persons are depicted engaging in sexual, erotic, or clearly sexual activities, whether explicit or implicit, real or simulated, shall be punished with imprisonment of six to twelve years. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1983-12-16 ; 2023-01-01 | C182 | Constitution - Article 215 ; Growing Together Act for the Comprehensive Protection of Early Childhood, Children and Adolescents - Article 86. g) | [{"link_name":"-Constitution","source_link":"https://www.asamblea.gob.sv/sites/default/files/documents/decretos/171117_072857074_archivo_documento_legislativo.pdf"},{"link_name":"-Growing Together Act for the Comprehensive Protection of Early Childhood, Children and Adolescents","source_link":"https://www.unicef.org/elsalvador/media/4611/file/Ley%20Crecer%20Juntos.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 215 of the Constitution outlined that the military service is compulsory for all Salvadorans between eighteen and thirty years of age. In case of necessity, all Salvadorans apt to act in military tasks shall be soldiers. A special law shall regulate this matter. Furthermore, Article 86. g) of the Growing Together Act for the Comprehensive Protection of Early Childhood, Children and Adolescents protects children and adolescents from forced or compulsory recruitment in armed conflicts. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 00/00/1983 | C182 | Special Law Against Trafficking in Persons - Articles 3 and 54 | [{"link_name":"Special Law Against Trafficking in Persons","source_link":"https://www.acnur.org/fileadmin/Documentos/BDL/2016/10431.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. | This law defines and prohibits trafficking in person for sexual and labour exploitation. According to Article 3, for this law, the following definitions shall apply a) Human exploitation: when a person disposes of the physical integrity of another person to carry out activities of sexual exploitation in its different modalities; commercial sexual exploitation in the tourism sector; slavery; servitude; forced labor; exploitation of begging; forced pregnancy; forced marriage or union; fraudulent adoption; as well as to extract, traffic, fertilize or illegally obtain organs, tissues, fluids, cells, human embryos or for the use of persons in clinical or pharmacological experimentation; as well as the use of children or adolescents in criminal activities. b) Victim of trafficking in persons: the person who, directly or indirectly, has suffered any of the effects of the crime of trafficking in persons and related activities, including damage, physical or psychological injury, impairment of self-image, emotional suffering or impairment of fundamental rights; regardless of whether the perpetrator of the criminal act is identified, apprehended, prosecuted or convicted. The direct victim of this crime is the person who personally suffers the effects of the crime. Indirect victims are the persons in the family nucleus and their dependents. c) Dependents: are all those persons that the victim is responsible for or is obliged to support, whether or not they are members of the family nucleus. d) Trafficker: any person who participates in any of the activities listed in Article 54 of this law. e) Misleading advertising: advertising that by any means induces to error as a consequence of the presentation of the advertising message, of the information conveyed or by the omission of information in the message itself, with the purpose of attracting or recruiting persons, in order to subject them to any type of human exploitation or to induce the commission of the crime of trafficking in persons and related activities. f) Illegal advertising: advertising that violates the dignity of the person or that violates the principles and rights recognized in the Constitution, and that is used to directly or indirectly encourage the commission of the crime of trafficking in persons and related activities. g) Restitution of rights: includes the return of the victim to the enjoyment of his or her fundamental human rights, especially family life when this does not imply risk, the return to the place of residence when safe, and reintegration to work, including formal and continuing education; and access to the relevant mechanisms to make effective reparation for the damage caused by the crime; Modalities of human exploitation. |
| List of hazardous activities prohibited for children | 2011-07-08 | C138 & C182 | Agreement 241 of 2011 - Article 1 | [{"link_name":"Agreement 241 of 2011","source_link":"https://www.mtps.gob.sv/download/acuerdo-no-241-listado-de-actividades-y-trabajos-peligrosos-en-los-que-no-podran-ocuparse-ninos-ninas-y-adolescentes/"}] | 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. | Article 1 of this bill provides that hazardous activities and jobs shall be considered all those that by their nature or the conditions in which they are carried out, may cause death or harm the physical integrity, health, safety, or morality of children and adolescents. These types of work are the following: i. All mechanical work involves activities such as greasing, overhauling, or repairing machines or mechanisms in motion. ii. Those that require the use of automatic, circular, or band saws. iii. Those who carry out demonstrations for sale or have to carry any type of weapons, especially firearms in any of their categories, ammunition and other accessories, or any other device that uses the deflagration of gunpowder... among other activities listed. |
| Minimum age for hazardous work | 1972-06-23 | C138 & C182 | Labour Code - Article 105 and 627 | [{"link_name":"Labour Code","source_link":"https://wwwex.ilo.org/dyn/natlex2/r/natlex/fe/details?p3_isn=49592"}] | 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. | Article 105 provides that the employment of minors under eighteen years of age in dangerous or unhealthy work is prohibited. However, the work of minors from the age of sixteen may be authorized, provided that their health, safety and morals are fully guaranteed and that they have received adequate and specific professional instruction or training in the corresponding branch of activity. The types of employment or work to which this Article applies shall be determined by the regulations of this Code, after consultation with the Superior Labor Council. The prohibitions and restrictions relating to the employment of minors shall not apply to work carried out in general, professional, or technical schools or other training institutions. (8); Article 627: Violations of the provisions of Books I, II, and III of this Code and other labor laws for which no special sanction has been established shall cause the offender to incur a fine of up to five hundred colones for each violation, without thereby failing to comply with the provisions of the rule infringed. In calculating the amount of the fine, the seriousness of the infraction and the economic capacity of the offender shall be taken into account. |
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) | 12-OCT-2000 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 23-JAN-1996 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| Crecer Juntos is the State's response to the challenge of guaranteeing the necessary conditions to provide children with quality services, appropriate to their particularities and based on a rights-based approach, a multidimensional vision of development and the shared responsibility of all sectors in the provision of care, stimulation, education, health, nutrition, protective environments for their rights and special protection. | [{"link_name":"National Policy to Support Early Childhood Development (Crecer Juntos)","source_link":"https://siteal.iiep.unesco.org/sites/default/files/sit_accion_files/politica_crecer_juntos_2020-2030.pdf"}] | 2020-2030 | National Policy to Support Early Childhood Development (Crecer Juntos) | The National Council for Children and Adolescents (CONNA) |
| Seeks to protect children from violence and harm, including the worst forms of child labor. Other objectives include reducing poverty and improving health services and access to quality education for children, including children with disabilities. The National Council for Children and Adolescents (CONNA) reported that in 2022 it implemented several specialized plans under the National Policy for the Comprehensive Protection of Children and Adolescents, including Open Arms, which provided returning migrant children and their families with guaranteed support services to help prevent child labor. | [{"link_name":"National Policy for the Comprehensive Protection of Children and Adolescents in El Salvador (PNPNA)","source_link":"https://www.pddh.gob.sv/portal/wp-content/uploads/2019/09/2013.-Poltica-Nacional-de-Proteccion-Integral-de-la-Ninez-y-de-la-Adolescencia.pdf"}] | 2013-2023 | National Policy for the Comprehensive Protection of Children and Adolescents in El Salvador (PNPNA) | The National Council for Children and Adolescents (CONNA) |