Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances. In its previous comments, the Committee had noted that a National Action Plan (2006–09) to combat the sexual exploitation of children and young persons for commercial purposes (NAP to combat sexual exploitation) was adopted, one of whose objectives was to amend the national legislation on commercial sexual exploitation. It had requested the Government to provide information on any measures taken or progress realized in this regard.

The Committee notes the various measures taken in the framework of the implementation of the NAP to combat sexual exploitation. It particularly notes the adoption of Royal Decree No. 95/2009 of 6 February which better regulates the administration of justice and aims to improve the system of legal registry, with a view to ensuring that the functions attributed to the administration of justice in penal and civil matters are efficiently accomplished. The Royal Decree No. 709/2006 of 9 June provides for the functions of the attorney in charge of cases involving foreigners, particularly the prosecution for crimes against foreigners’ rights, including the prosecution of crimes committed against workers’ rights and crimes of forced prostitution when the victim is a foreigner. The Committee also notes that a draft organic law to amend the Penal Code was prepared. According to the Government, with regard to the trafficking of persons, this draft law includes a new crime which is independent from the crime of clandestine immigration and provides for effective sanctions and harsher sentences if the victim is a minor. With regard to prostitution and pornography involving children, the draft law includes criminal offences of: soliciting children to participate in pornographic performances; profiting from the participation of children in such performances and in prostitution; and engaging in sexual relations with a minor. The draft law also provides for the special protection of women and children in situations of armed conflict by expressly punishing the persons who engage them in sexual slavery or forced or induced prostitution. The Committee requests the Government to provide information on the developments in amendments to the Penal Code or to provide, in that event, a copy of the new text of the Penal Code as soon as it is adopted. It also requests the Government to provide information on the application of the abovementioned legislation, as well as on its impact with regard to the commercial sexual exploitation of children.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing children from being employed in the worst forms of child labour, removing them from such labour and ensuring their rehabilitation and integration into society. In its previous comments, the Committee requested the Government to provide information on the implementation of the NAP to combat sexual exploitation, and on the results obtained. It had also requested the Government to provide copies of the studies on commercial sexual exploitation.

The Committee takes note of the various activities undertaken within the framework of the NAP to combat sexual exploitation. In particular, it notes: (i) the implementation of the FARO programme of investigation and other measures of investigation aimed at the safe use of the Internet; (ii) the elaboration of a basic protocol for intervention against the abuse of children; (iii) the execution of awareness-raising campaigns, including those against sexual tourism, addressed to the general public and to tourism operators with a view to enhancing the knowledge on, and preventing sexual exploitation; (iv) the dissemination of the Code of Conduct throughout tourism enterprises and the establishment of a certificate for such enterprises free of sex tourism; (v) the preparation of the draft amendments to the Penal Code; (vi) the strengthening of public and private institutions that work to combat child sexual exploitation with regard to monitoring the use of illegal content on the Internet; (vii) the start of Internet pornography detection systems at the international level by security and police forces; (viii) the denunciation of content, web pages and illicit advertisements from certain organizations; (ix) the establishment of official phone lines and web pages specialized in complaint reception; (x) the start by the national police corps of a plan for the protection of children and young persons against sexual exploitation, in the framework of which 3,000 children at risk have been identified since 2006; (xi) the periodic monitoring of risk zones by the citizen security squads of the Ministry of the Interior; (xii) the monitoring of the application of the legislation concerning the participation of minors in public performances; and (xiii) the translation and publication of a method elaborated by Save The Children for the detection and attention of children and young persons who are victims of trafficking. With regard to the victims of the worst forms of child labour, the Committee also observes that the Global Plan against the trafficking of persons for sexual exploitation, approved by the Government in December 2008 and which entered into force on 1 January 2009, provides for linguistic, social and legal assistance, as well as for financial assistance to ensure their sustenance for 30 days or their return to their countries of origin. The Committee requests the Government to continue providing information on any measures taken with a view to preventing the engagement of children in the worst forms of child labour, withdrawing them from these forms of labour and ensuring their rehabilitation and social integration. The Committee also requests the Government to provide statistics on the number of children who have effectively been prevented or withdrawn from worst forms of child labour, and benefited from the measures of rehabilitation and social integration. The Committee further requests the Government to communicate a copy of the studies on commercial sexual exploitation recently carried out.

Clause (d). Children at special risk. 1. Children of migrant families. In its previous comments, the Committee noted the Government’s information that it had implemented several programmes, including programmes of assistance to vulnerable families and programmes to prevent the maltreatment of children. It requested the Government to provide information on the impact of these programmes on the children of migrant families, in particular so that they could attend school without any problems of exclusion and thus not find themselves in one of the worst forms of child labour. The Committee notes once again that the Government’s report contains no information on this matter. It accordingly once again requests the Government to provide information on the impact of the programmes of assistance to vulnerable families and programmes to prevent the maltreatment of children or the children of migrant families and, in particular, on the effect that these programmes may have had so that these children can attend school without social exclusion problems, therefore eluding the worst forms of child labour.

2. Roma children. In its previous comments, the Committee noted the information sent by the Government to the effect that, on 15 December 2005, it signed an agreement with Romania with a view to resolving the problems of Roma children who are in Spain unaccompanied by adults. In view of the fact that such children are particularly vulnerable and are liable to be exposed to risks, and to the worst forms of child labour in particular, the Committee requested the Government to take the necessary steps to protect them from the worst forms of child labour and to ensure their rehabilitation and integration into society.

In this regard, the Government points out Royal Decree No. 2393/2004 of 30 December, concerning the approval of the regulation of Organic Law No. 4/2000 of 11 January, on the rights and freedoms of foreigners in Spain and their social integration. Section 92 of this Decree provides that the state corps and security forces must inform the child protection services and the office of the public ministry in charge of minors when they detect unaccompanied minors. The general state Administration then initiates the adequate administrative steps for family reunification when it is relevant. The Committee requests the Government to provide information on the measures effectively taken to protect Roma children from the worst forms of child labour and to ensure their rehabilitation and social integration as well as, more particularly, their access to education, by indicating the number of children covered.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously noted the statistical data for 1997–2004 on the offences of inducement to child prostitution, the corruption of minors and child pornography. It encouraged the Government to step up its efforts to ensure protection for children under the age of 18 against these worst forms of child labour and to continue to provide information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of offences, the investigations held, the legal action taken, and the sentences and penalties applied.

The Committee notes the extracts of the court decisions rendered pursuant to the provisions of the Convention with regard to child pornography. It also takes note of the charts of statistics on the inspection activities relating to child labour which took place between 2006 and 2008, which concern the violations and sanctions imposed for violations of the provisions on minimum age and on the types of work prohibited to minor children for reasons of occupational health and safety. The Committee requests the Government to communicate detailed information on the violations detected and the penalties imposed, including penal sanctions, for violations of the provisions giving effect to the Convention, for the period of time covered until the Government’s next report.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the detailed information sent by the Government and notes the adoption of Basic Education Act No. 2/2006 of 3 May 2006.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances. The Committee takes due note of the information provided by the Government concerning the measures it has taken to combat commercial sexual exploitation. It notes the adoption of a National Action Plan (2006–09) to combat the sexual exploitation of children and young persons for commercial ends, one of whose objectives is to amend the national legislation on commercial sexual exploitation. The Committee requests the Government to provide information on any measures taken or any progress made in this respect.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing children from being employed in the worst forms of child labour, removing them from such labour and ensuring their rehabilitation and integration into society. With reference to its previous comments, the Committee notes the measures taken by the Government and the various social partners under the National Action Plan (2006–09) to combat the sexual exploitation of children and young persons for commercial ends. It also notes the Government’s information that the association ECPAT-ESPAÑA-FAPMI and the Sol Meliá and Barceló hotel groups have signed the ECPAT International code of conduct to protect children against sexual exploitation in tourism and the travel industry. It further notes that several studies on commercial sexual exploitation are under way in Spain. The Committee requests the Government to provide information on the implementation of the Nation Action Plan to combat the sexual exploitation of children and young persons for commercial ends, and on the results obtained in: (a) preventing children from becoming victims of commercial sexual exploitation; (b) providing the necessary and appropriate direct assistance for the removal of the child victims of this worst form of child labour and for their rehabilitation and social integration. Please also provide copies of the studies on commercial sexual exploitation.

Clause (d). Children particularly at risk. 1. Children of immigrant families. In its previous comments, the Committee noted the Government’s information that it had implemented several programmes, including programmes of assistance to vulnerable families and programmes to prevent the maltreatment of children. It asked the Government to provide information on the impact of these programmes on the children of migrant families, particularly in terms of enabling them to attend school free from any problems of social exclusion and so avoid exposure to one or another of the worst forms of child labour. The Committee notes that the Government’s report contains no information on this matter and requests it to provide information on the impact of these programmes on the children of migrant families.

2. Roma children. The Committee takes due note of the information sent by the Government to the effect that on 15 December 2005 it signed an agreement with Romania with a view to resolving the problems of Roma children who are in Spain unaccompanied by adults. In view of the fact that such children are particularly vulnerable and are liable to be exposed to risks, and to the worst forms of child labour in particular, the Committee requests the Government to take the necessary steps to protect them from the worst forms of child labour and to ensure their rehabilitation and integration into society. It asks the Government to provide information on this matter.

Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the statistical data for 1997–2004 on the offences of incitation to child prostitution, the corruption of minors and persons with disabilities or who are unfit, and child pornography. It encourages the Government to step up its efforts to ensure protection for children under the age of 18 against these worst forms of child labour and to continue to provide information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of offences, the investigations held, the legal action taken, and the sentences and penalties applied.

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.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report and requests it to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children for sexual exploitation. The Committee notes that Spain has ratified the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and the Optional Protocol to the United Nations Convention against Transnational Organized Crime to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. The Committee notes that section 318bis(1) of the Penal Code, as amended by Act No. 11 of 29 September 2003, provides for a penalty for any person who, directly or indirectly, causes, collaborates in or facilitates the "illicit trafficking or clandestine immigration of persons" from Spain, in transit through the country or as a destination. Section 318bis(2) provides for a more severe penalty where the "illicit trafficking or clandestine immigration" is for the sexual exploitation of persons. Furthermore, section 318bis(3) also provides for a more severe penalty if the victim is a minor, or in other words a person under 18 years of age. Section 515(6) of the Penal Code also provides that illicit associations shall be liable where they cause the "illicit trafficking of persons". The Committee notes that the terminology used in section 318bis and 515 of the Penal Codes lends itself to confusion. Section 318bis(1) and (2) refer to "illicit trafficking or clandestine immigration" and section 515(6) to "illicit trafficking", whereas Article 3(a) of the Convention covers the sale and trafficking of children under 18 years of age, among other reasons for sexual exploitation. The Committee therefore requests the Government to indicate whether the terms used in 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.

2. Sale and trafficking of children for economic exploitation. The Committee further observes that the national legislation does not appear to contain provisions prohibiting the sale and trafficking of children for economic exploitation. It reminds the Government that Article 3(a) of the Convention also covers the sale and trafficking of young persons under 18 years of age for this purpose. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to secure the prohibition of the sale and trafficking of young persons under 18 years of age for economic exploitation, and to adopt appropriate penalties.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that Spain has ratified the Optional Protocol to the Convention on the Rights of the Child on children in armed conflict. Under section 12.1 of Act No. 13/1991 of 20 December respecting military service and section 26 of Decree No. 1107/1993 of 9 July approving the regulations on recruitment, the age for the commencement of military service is 19 years. However, under section 26(a) of Decree No. 1107/1993, this age may be lowered to 18 years.

Clause (b). 1. Use, procuring or offering of a child for prostitution. Under section 187.1 of the Penal Code, as amended by Act No. 11 of 29 September 2003, any person who incites, causes, collaborates in or facilitates the prostitution of a young person commits a criminal offence. Section 188.3 of the Penal Code, as amended by Act No. 11 of 29 September 2003, provides for a penalty for any person who, through recourse through violence, intimidation or deception, initiates or maintains a young person in a situation of prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. Section 189.1(a) of the Penal Code, as amended by Act No. 11 of 29 September 2003, provides for a penalty for any person who uses young persons for the purposes of or in exhibitionist or pornographic performances, both public and private, or to produce pornography of any type or who finances such activities. Under section 189.2 of the Penal Code, a more severe penalty is provided for where any person found guilty of the crime set out in section 1 belongs to an organization or association engaged in this type of activity.

Clause (c). Use, procuring or offering of a child for illicit activities. Section 368 of the Penal Code provides for a penalty for any person found guilty of encouraging, preparing or undertaking the trafficking of or, in any manner whatsoever, causing or collaborating in or facilitating the illegal consumption of toxic drugs, narcotics or psychotropic substances, or of being in possession of such substances for this purpose. Under section 369.9 of the Penal Code, a more severe penalty shall be imposed upon persons found guilty of making use of a young person under 16 years of age to commit the offence indicated in section 368. The Committee recalls that, under Articles 1 and 3(c) of the Convention, the prohibition of the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, as defined in the relevant international treaties, applies to young persons under 18 years of age. The Committee therefore requests the Government to take the necessary measures to ensure that section 369.9 of the Penal Code is amended so that it applies to young persons under 18 years of age.

Clause (d). Hazardous work. The Committee notes that section 6.2 of the Act respecting the conditions of employment of workers of 1995, prohibits workers under 18 years of age from carrying out night work or activities determined by the Government to be unhealthy, arduous, harmful or hazardous both for their health and for their vocational and human development, upon the proposal of the Ministry of Labour and Social Security, and after consulting the most representative trade union organizations. It also notes that section 6.3 of the Act on the conditions of employment of workers prohibits workers under 18 years of age from working overtime.

Article 4, paragraphs 1 and 3. Determination and revision of the list of the types of hazardous work. The Committee notes the information provided by the Government that the Decree of 26 July 1957 includes a list of types of hazardous work for young persons under 18 years of age. Section 1 of the Decree provides that, among other activities, it is prohibited to employ young persons under 18 years of age on: (a) the activities and in the industries enumerated in the list annexed to the Decree; (b) greasing, cleaning, examining and repairing machines or mechanisms of a hazardous nature while they are in operation; (c) the operation of presses, chisels, band and circular saws, mechanical drills and, in general, any machine which uses tools or which, at an excessive working speed, represents  a clear danger of accidents; (d) work carried on at over 4 metres of height from the ground or the floor; (e) any type of work that is not adapted to the health of the workers by reason of the excessive physical exercise involved or possible harmful effects; and (f) transporting, pushing or dragging loads of a weight requiring much strength.

The Committee notes that the Decree containing the list of types of hazardous work referred to above was adopted in 1957, well before the adoption of the Convention. It draws the Government’s attention to Article 4, paragraph 3, of the Convention, which provides that the list of the types of work determined must be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide information on the measures adopted or envisaged for the revision, as necessary, of the list of types of hazardous work determined, and on the consultations held on this subject with the organizations of employers and workers concerned.

Article 4, paragraph 2. Identificaiton of where the types of hazardous work exist. The Committee notes that the Government has not provided any information in relation to this paragraph. It requests the Government to take the necessary measures to identify, after consultation with the organizations of employers and workers concerned, where the types of hazardous work exist and to report on the outcome.

Article 5. Monitoring mechanisms. 1. Ministry of Justice, services for the administration of justice and the central juvenile judge. In its report, the Government indicates that, in penal matters, supervision and monitoring of the protection of children is the responsibility of the Ministry of Justice, through the services for the administration of justice and the central juvenile judge of the national court. It requests the Government to provide information on the procedures adopted by the Ministry of Justice, the services for the administration of justice and/or the central juvenile judge for young persons of the national court for the effective implementation and enforcement of the provisions of the Penal Code giving effect to the Convention.

2. Labour and social security inspectorate. In the field of labour, sections 7 to 9 of Act No. 31/1995 of 8 November respecting the prevention of occupational risks issues regulations governing the procedures for the relevant public administration in this field. The labour and social security inspectorate is responsible for the supervision and enforcement of labour standards relating to young persons, and its responsibilities and functions are established by Act No. 42/1997 of 14 November. The labour and social security inspectorate is responsible, among other matters, for verifying: (a) the age of admission to employment; (b) whether the activities carried out by young persons are prohibited for young persons between 16 and 18 years of age, namely hazardous types of work; and (c) whether young persons under 18 years of age work at night or perform overtime hours. Labour and social security inspectors are authorize to: (a) enter workplaces freely and at any time; (b) undertake any investigation or examination of proof that they consider necessary to ascertain compliance with the legal provisions relating to labour; and (c) take various measures, such as ordering the immediate cessation of work or activities due to failure to apply occupational health and safety standards to workers. The Committee requests the Government to provide information on the activities of the inspection services and extracts from reports indicating the nature of violations relating to young persons under 18 years of age engaged in the worst forms of child labour.

Article 6, paragraphs 1 and 2. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication that the General Secretariat of Social Affairs of the Ministry of Labour, through the General Directorate of Social Action for Young Persons and the Family, is responsible for the formulation of programmes for the protection of children. A Programme for the prevention and protection of children against ill treatment and work was developed for the first time in 1997. This Programme is based on a "research-action" methodology, the objective of which is to assist the young persons for whom, by reason of their age, work is more hazardous for their development, and also those working in the family context. The Committee notes that the Government established several programmes of action with this objective in 2002. The Committee requests the Government to provide information on the activities and results achieved by the programmes of action with have been established, particularly with regard to the elimination of the worst forms of child labour. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations with a view to the adoption of programmes of action, and also to indicate the extent to which the views of other concerned groups have been  taken into consideration.

Article 7, paragraph 1. Penalties. The Committee notes that section 318bis of the Penal Code provides for a sentence of between four and eight years of imprisonment for any person who, directly or indirectly, initiates, collaborates in or facilitates the illicit trafficking or clandestine immigration of persons. This penalty is between five and ten years of imprisonment where the objective of the illicit trafficking or clandestine immigration is the commercial sexual exploitation of person. Furthermore, the sentence is increased by half again where the victim is a young person. It also notes that sections 517 and 518 of the Penal Code provide for penalties of between one and three years of imprisonment and a fine of between 12 and 14 monthly wages for illicit associations which initiate the illicit trafficking of persons. Under section 187.1 of the Penal Code, any person who causes the prostitution of a young person is liable to a sentence of between one and four years of imprisonment and a fine of between 12 and 24 monthly wages. Section 188.3 of the Penal Code provides for a sentence of between two and four years of imprisonment and a fine of between 12 and 24 monthly wages for any person found guilty of having recourse to violence, intimidation or deception with a view to initiating a young person in prostitution or maintaining her or him in this situation. Moreover, section 189.1(a) of the Penal Code provides for a penalty of between one and three years of imprisonment for any person who uses young persons for the purposes of or in exhibitionist or in pornographic performances, or to produce pornography, or who finances this type of activity. The Committee notes that sections 368 and 369 of the Penal Code provide for a sentence of detention of a higher level of between six months and 20 years of imprisonment and a quadruple fine for any person found guilty of using a young person under 16 years of age to cultivate, prepare, traffic or cause, in any manner whatsoever, or collaborate in or facilitate the illegal consumption of toxic drugs, narcotics or psychotropic substances, or of being in possession of such substances. With regard to types of hazardous work, section 8.4 of Legislative Decree No. 5/2000 of 4 August approving the amended text of the Act respecting social violations and penalties provides that the violation of norms contained in the labour legislation respecting work by young persons constitutes a very serious offence. According to the Government’s information, the penalty imposed is a fine of between 3,500.07 and 90,151.82 euros. Furthermore, section 13.2 of Decree No. 5/2000 provides that failure to comply with specific standards respecting the protection of the health and safety of young persons also constitutes a grave offence. According to the Government, penalty imposed is a fine of between 60,050.61 and 601,012.10 euros. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Assistance for the removal of children from the worst forms of child labour. While noting that the national legislation contains certain provisions giving effect to the Convention on this point, the Committee however notes that, in its concluding observations on the Government’s second periodic report in June 2002 (CRC/C/15/Add.185, paragraphs 49 and 50), the Committee on the Rights of the Child expressed its concern at reports of child prostitution in the suburbs of large cities and in holiday resorts involving vulnerable children living on the fringes of society. The Committee on the Rights of the Child recommended the Government to: (a) protect all persons under 18 from all forms of sexual exploitation, even when children have consented, under pressure of money, threats or, allegedly, "freely" to such acts; (b) organize campaigns for protection against sexual abuse, prostitution and child pornography; and (c) implement the National plan of action against the commercial sexual exploitation of children (2002-03). The Committee requests the Government to provide information on the effect given to the recommendations made by the Committee on the Rights of the Child for the protection of young persons under 18 years of age against commercial sexual exploitation. It also requests the Government to provide a copy of the National plan of action against the commercial sexual exploitation of children (2002-03), as well as information on its implementation and the results achieved, particularly with regard to the rehabilitation and social integration of child victims of prostitution.

Clause (c). Ensure access to free basic education and vocational training for all children removed from the worst forms of child labour.  The Committee notes that the Overall plan for Spanish cooperation (2001-04) sets the objective of providing universal basic schooling by 2015 and providing basic social services and assistance for the most underprivileged. It requests the Government to provide information on the impact of the plan to ensure access to free basic education and vocational training for all children removed from the worst forms of child labour.

Clause (d). Identification of children at special risk. Children of migrant families. The Committee notes the information provided by the Government that the social changes which have occurred in Spanish society, principally due to migration movements, require special attention to be paid to education so as to prevent and resolve problems of social exclusion, discrimination, racism, failure at school and absenteeism, all of which have a greater impact on persons in a disadvantaged social, cultural, economic, personal and family situations. The Committee considers, in the same way as the Government, that the children of migrant families are at special risk, particularly of being engaged in one of the worst forms of child labour. It therefore requests 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 and, accordingly, are not engaged in one of the worst forms of child labour.

Article 8. Enhanced international cooperation and/or assistance. 1. International cooperation. The Committee notes that Spain has been contributing to the ILO/IPEC programme since 1996. It also notes the Government’s indication that the Spanish International Cooperation Agency (AECI) has developed important action for children and young persons, both through bilateral and international measures, and in collaboration with the supranational institutions of the United Nations. Finally, the Committee notes that Spain is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children.

2. Measures to combat poverty. The Committee notes that, according to the Government, its international development cooperation policy accords special attention to the protection of boys, girls and young persons. Section 7 of Act No. 23/98 respecting international development cooperation provides that the Spanish development policy, with its objective of combating poverty, shall endeavour to defend the most vulnerable groups of the population, including young persons, with special emphasis on the elimination of the economic exploitation of children, refugees, indigenous persons and minorities. The Committee requests the Government to provide information on the impact of its international development cooperation policy on the elimination of the worst forms of child labour.

3. Extra-territorial offences. The Committee notes that section 190 of the Penal Code provides for the prosecution of Spanish nationals and residents of Spain if they commit an offence in another country relating to the commercial sexual exploitation of children. Sentences handed down by foreign courts relating to offences of prostitution and the corruption of young persons may accordingly be executed in Spain. The Committee requests the Government to indicate whether section 190 of the Penal Code has already been applied and, if so, to indicate the country concerned.

Part III of the report form. Decisions involving questions of principle relating to the worst forms of child labour. The Committee notes the Government’s information that certain courts have handed down sentences relating to child labour. For example, Ruling No. 2500/2001 by the Supreme Court of Justice of Catalonia of 16 March provides that, taking into account the age of the young victim, namely 16 years, and the dangerous nature of the machine, the necessary safety measures had not been taken. The Committee requests the Government to continue providing information on the decisions handed down by courts of law which involve questions of principle relating to the application of the Convention.

Parts IV and V. Application of the Convention in practice. The Committee notes from the reports of the labour and social security inspection services that, of the 357,089 inspections carried out in 2000, a total of 46 offences were reported relating to the protection of the health and safety of young persons under 18 years, affecting 59 workers; of the 370,824 inspections carried out in 2001, some 52 offences were reported relating to the protection of the health and safety of young persons under 18 years of age, affecting 65 workers; and that, of the 380,194 inspections carried out in 2002, some 58 offences were reported relating to the protection of the health and safety of young persons under 18 years of age, concerning 74 workers. The Committee notes that these statistics do not specifically concern the worst forms of child labour. It therefore requests the Government to provide 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. To the extent possible, all information provided should be disaggregated by sex.