intercourse with a wife of 15 years who under the Penal Code cannot consent to sexual
intercourse.
29. Labour legislation is guided by the principal legislation, the Employment Act. The
Employment Act regulates employment of young persons under Part IV where it expressly
prohibits employment of persons under the age of 14 years in any public or private
agricultural, industrial or non-industrial undertaking or any branch thereof. This prohibition
does not apply to domestic chores or vocational and training institutions provided that the
work in vocational or training institutions is approved and supervised by a public authority;
and is an integral part of the educational or vocational training programme.
30. The Employment Act also prohibits a person between the age of 14 and 18 years from
undertaking hazardous work. Hazardous work has been defined as an occupation or activity
that is likely to be harmful to health, safety, education, morals or development of such a
person; or prejudicial to the attendance at school or other training programme.
31. Every employer of a person below the age of 18 years of bound by law to keep a register of
such employees.
32. A person contravening the prohibition regarding employment of young persons may be
punished by a fine of K100,000 and imprisonment for 5 years.
Article 3: Non-Discrimination
Every child shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in this Charter
irrespective of the child's or his/her parents' or legal guardians' race, ethnic group, colour, sex, language, religion,
political or other opinion, national and social origin, fortune, birth or other status.
Article 26: Protection Against Apartheid and Discrimination
1. States Parties to the present Charter shall individually and collectively undertake to accord the highest priority
to the special needs of children living under Apartheid and in States subject to military destabilization by the
Apartheid regime.
2. States Parties to the present Charter shall individually and collectively undertake to accord the highest priority
to the special needs of children living under regimes practising racial, ethnic, religious or other forms of
discrimination as well as in States subject to military destabilization.
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