Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 3 of the Convention. The worst forms of child labour. Clause (a). The sale and trafficking of children for economic and sexual exploitation. With reference to its previous comments, the Committee notes the Government’s information according to which sections 318bis and 515 of the Penal Code also apply to the sale and trafficking of young persons under 18 years of age for sexual exploitation. It also notes that sections 312 and 313 of the Penal Code apply to the sale and trafficking of young persons under 18 years of age for economic exploitation.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes with interest that, under the terms of section 370(1) of the Penal Code, as amended by Act No. 5/2003 of 25 December 2003, a more severe penalty may be imposed on persons found guilty of using a young person under 18 years of age to commit the offence established in section 368 of the Penal Code (having cultivated, prepared, trafficked or, in any manner, having caused, collaborated in or facilitated the illegal consumption of toxic drugs, narcotics or psychotropic substances, or having been in possession of such substances for this purpose).

Article 4, paragraphs 1 and 3. Determination and revision of the list of types of hazardous work. In its previous comments, the Committee requested the Government to provide information on any revision of the list of types of hazardous work included in the Decree of 26 July 1957. In this respect, the Committee notes the information provided by the Government according to which the above list, although adopted well before the present Convention, namely in July 1957, is sufficiently detailed and exhaustive to give effect to the Convention. The Committee also notes the Government’s indication that Act No. 31/1995 of 8 November respecting the prevention of occupational accidents protects the health and safety of young workers. Furthermore, it notes the information provided by the Government concerning the functioning of the consultations held in Spain with employers’ and workers’ organizations.

Article 5. Mechanisms for monitoring the application of the provisions of the Convention. Ministry of Justice and services for the administration of justice. The Committee notes the Government’s indications that, with regard to child pornography, the General Directorate of the Police depends on the Criminal Brigade on New Technologies to investigate and take action on this matter. It also notes that the Civil Guard has a department specializing in computerized crime. Accordingly, since the adoption of Act No. 11/1999 of 30 April, the unit responsible for crimes related to new technologies (General Brigade of the Judicial Police) has been working in close collaboration with the Group for the Protection of Young Persons Used in New Technologies.

Article 6, paragraphs 1 and 2. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indications that the Secretariat of State for Social Affairs of the Ministry of Labour, through the General Directorate for Social Action for Young Persons and the Family, has financed a number of programmes for the elimination of the various forms of exploitation of girls, boys and young persons. In this respect, it notes, among others, a programme of awareness raising and the detection of child labour.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. With regard to the application in practice of the penalties envisaged by the national legislation relating to the worst forms of child labour, the Committee notes the court decisions transmitted by the Government relating to the following sections of the Penal Code: 187.1 and 188.3 (incitation to prostitution), 189.1 (use of young persons in pornographic performances or for the production of pornography), 318bis (sale and trafficking of children) and 368 and 369.0 (use of a young person under 18 years of age for the sale of drugs).

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Assistance for the removal of children from the worst forms of child labour. In its previous comments, while noting that the national legislation contains certain provisions giving effect to the Convention on this point, the Committee referred to the concluding observations on the Government’s second periodic report made by the Committee on the Rights of the Child in June 2002 (CRC/C/15/Add.185, paragraphs 49 and 50), in which it expressed its concern at reports of child prostitution involving socially marginalized children in the suburbs of large cities and in coastal resorts. In this respect, the Committee notes the detailed information provided by the Government, particularly with regard to the National Plan of Action against the Commercial Sexual Exploitation of Children and Young Persons (2002-03) and the National Plan against the Sexual Exploitation of Young Persons. It also notes that the Ministry of Labour and Social Assistance, among other measures, in June 2002 financed an awareness-raising campaign led by UNICEF (Spanish Committee) against sexual tourism. This awareness-raising campaign, in which the participants included the General Tourism Office, the World Tourism Organization (WTO), ECPAT, the Federation of Associations for the Prevention of Maltreated Children (FAPMI), the national police and Interpol, the Institute for Quality in Tourism, the ILO and the Spanish Agency for International Cooperation (AECI), has been extended to 2005. The Committee also notes that a National Plan of Action against the Commercial Sexual Exploitation of Children and Young Persons (2006-09), which forms part of the National Strategic Plan on Children and Young Persons (2006-09), is currently under preparation. The Committee requests the Government to continue providing information on the measures adopted for the elimination of the sexual exploitation of children and to provide with its next report a copy of the National Plan of Action against the Commercial Sexual Exploitation of Children and Young Persons (2006-09).

Clause (c). Access to free basic education and vocational training for all children removed from the worst forms of child labour. With reference to its previous comments, the Committee once again requests the Government to provide information on the impact of the Overall Plan for Spanish Cooperation (2001-04) with regard to access to free basic education and vocational training for all children who have been removed from the worst forms of child labour.

Clause (d). Identification of children at special risk. Children of migrant families. In its previous comments, the Committee noted that the social changes which have occurred in Spanish society, principally due to migration movements, required special attention to be paid to education so as to prevent and resolve problems of social exclusion, discrimination, racism, failure at school and absenteeism. Considering that the children of migrant families are at special risk, the Committee requested the Government to provide information on the measures adopted to ensure that the children of migrant families can attend school without problems of social exclusion. In this respect, the Committee notes the Government’s indications that it has implemented various programmes, including programmes of assistance to vulnerable families and programmes for the prevention of the maltreatment of children. The Committee requests the Government to provide information on the impact of these programmes on the children of migrant families, particularly so that they can attend school without problems of social exclusion and thereby not be exposed to one of the worst forms of child labour.

Article 8. Enhanced international cooperation and assistance. Further to its previous comments concerning the Government’s policy for international development cooperation, the Committee notes that the Spanish Agency for International Cooperation (AECI) is collaborating with ILO/IPEC in the implementation of programmes for the elimination of the worst forms of child labour in Latin America (elimination of prostitution and the sexual exploitation of young persons, elimination of work by children in rubbish dumps, quarries, brick works and mines), including Time-Bound Programmes (TBPs).

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government that it is difficult to quantify the number of cases of the sexual exploitation of young persons under 18 years of age as there is no unified and centralized register of the maltreatment of children. However, the activities carried out by the Children’s Observatory are designed to establish a strategy for the detection of maltreatment. The Committee also notes the statistical data of the Secretariat of State for Security of the Ministry of the Interior, based on interventions carried out between 1997 and 2000 by the state security forces and relating to the crimes of incitation to prostitution, corruption of young persons and child pornography. The Committee also notes that the Group for the Protection of Young Persons Used in New Technologies has undertaken 17 activities against child pornography on the Internet and has investigated over 240 web sites with this type of content, certain of which have links with Spain. It requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties.