The Exception to the Minimum Age to Work in Bolivia and the Principle of the Best Interests of the Child

Abstract

Convention 138 of the International Labour Organization states that, in exceptional cases, fourteen years should be adopted as the minimum age for admission to employment in developing countries. On the other hand, the current law of childhood and adolescence in Bolivia establishes the minimum age to work in fourteen years and, exceptionally, ten years for self-employment and twelve years for paid employment. The purpose of this research is to examine the exception to the minimum age for work contained in the law of the child and adolescent to determine whether this normative provision violates the principle of the best interests of the child. Therefore, the investigation makes use of the legal dogmatic method, through the interpretation of the article that contains the exception and the weighting of the rights involved. The conclusions obtained show that there is a violation of the principle of the | 41 best interests of the child since the right to education, development, and health are not exercised jointly with the right to work. Also, the best interest of the child in this particular case answers to the right to health, education, and development.