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Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Minimum Age Convention, 1973 (No. 138) - Nepal (Ratification: 1997)

Other comments on C138

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Article 8. Artistic performances. The Committee previously noted that children’s participation in artistic performances is regulated by the Education Directives 2068 (2012) of the Ministry of Education and that the approval of the District Education Office is required and had requested the Government to indicate whether such permission is granted on the basis of individual permits.
The Committee notes that the Government refers to section 28 of the Act Relating to Children, 2018, indicating that the participation of children in public artistic events requires the informed consent of the child and the child’s parent or guardian. The Government also states that the Children’s Regulations 2022 further sets out the regulatory framework, including: (1) the consent from parents (Rule 6); (2) that participation be voluntary, age-appropriate, and non-disruptive to education, health or development (Rule 7); (3) that the organizers must obtain event-specific approval from the local government through a formal application process (Rule 8); and (4) that there be adult supervision, safe transport and rest opportunities, among others (Rule 9).
The Committee recalls that, by virtue of Article 8 of the Convention, children below the minimum age of admission to employment or work, who are employed in artistic activities, shall do so on the basis of individual permits granted by the competent authority rather than the sole consent of the parent or legal guardian. Therefore, the Committee requests the Government to clarify if the employment of children in artistic performances shall be permitted only after the delivery of an individual permit bythe competent authority, in addition to the parental consent. It requests the Government to clearly identify all applicable legislative provisions that regulate the participation of children in artistic performances, and to provide a copy of all relevant legislation in English.
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