A/HRC/45/8/Add.1 26. Togolese law prohibits the employment of children in the worst forms of child labour, including trafficking, prostitution, pornography, and the use of children in armed conflict. If a child has been trafficked with the purpose of subjecting that child to the worst forms of child labour, the Penal Code provides for a prison term of 20 to 30 years and a fine of 20 million to 50 million CFA francs. 27. Under the Penal Code, the recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation is considered as trafficking in persons. If the victim of the offence is a child, defined as being under the age of 18 years, the offence of trafficking in persons is constituted even in the absence of the means referred to in article 317 which defines “trafficking in persons”. 28. Act No. 2005-009 on the smuggling of children was repealed by the new Penal Code of 2015, which makes reference to trafficking in persons and smuggling of migrants in its article 317 and subsequent articles. 29. The Labour Code, the Organization of Civil Status Act and the Law on the Protection of People with HIV/AIDS all include provisions for child protection. The Organization of Civil Status Act mandates the registration of children at birth. To encourage birth registration, the Government extended the registration deadline from 30 to 45 days after the birth of a child, in 2009. 30. The minimum age for employment in hazardous work, such as some types of industrial and technical employment, is 18, with two exceptions for children aged 16 and 17. Under Order No. 1464/MTEFP/DGTLS of 12 November 2007, which determines the types of work prohibited for children, domestic work is considered to be a hazardous type of work prohibited for children under 18 years of age. 31. Article 35 of the Constitution recognizes the right of children to education and requires the “creation of conditions favourable to accomplish this objective”. School is obligatory for children until the age of 15 years, and the State is required to progressively ensure that public education is free. Togo has a Sectorial Plan for Education 2010–2020 in place, which defines guiding principles and priority themes for education. The objective of the Plan was to achieve universal primary education by 2020. 32. The national collective bargaining agreement sets minimum wages for different labour categories, ranging from unskilled to professional positions. The minimum wage is CFAF 35,000 ($60) per month. The Government set the poverty level at the internationally recognized level of $1.25 per day (equivalent to CFAF 735), that is, $38 per month (equivalent to CFAF 22,344). 33. According to domestic law, the working hours of all employees, in any enterprise, except in the agricultural sector, are not to exceed 40 hours per week. At least one 24-hour rest period per week is compulsory, and workers are to receive 30 days of paid leave each year. Working hours for employees in the agricultural sector are not to exceed 2,400 hours per year (46 hours per week). The law requires overtime to be compensated, and there are restrictions on excessive overtime work. Under section 154 of the Labour Code, the daily rest period for children must be at least 12 consecutive hours. IV. Issues of concern as related to child labour A. Terminology 34. Under international law, an important distinction must be made between child work, child labour and child slavery, particularly with regard to article 3 (d) of the Worst Forms of Child Labour Convention, 1999 (No. 182). The legitimacy of child work is determined under the ILO conventions according to the child’s age and the nature of the work. The Minimum Age Convention, 1973 (No. 138) provides that from the age of 16, children are permitted to work on condition that their health, safety or morals are fully protected and that they have received adequate instruction or vocational training (art. 3 (3)). Children from 13 to 15 years of age can undertake “light” work, defined as work which is (a) not 6