Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee takes note of the Government’s first report. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee observes the Government’s indication that the Penal Code was amended in 2002 to prohibit cross-border trafficking for sexual exploitation. Chapter 4, section 1(a) of the Penal Code provides for criminal responsibility for anyone who: (i) by the use of unlawful coercion, deception or of any other similar improper means, induces another to go to or to be transported abroad for the purpose of sexual offences, prostitution or other forms of exploitation for sexual purposes; (ii) for such a purpose and by the use of such improper means as mentioned transports, harbours or receives someone who has arrived to a country under such conditions; and (iii) commits any such act against a victim who has not attained 18 years of age, even if no improper means have been used. According to Chapter 4, section 3 of the Penal Code, it is prohibited to induce someone to go or remain in a place abroad where that person may be in danger of being exposed to persecution or exploited for casual sexual relations or otherwise fall into distress. The Committee notes that the trafficking of children for labour exploitation is not expressly prohibited. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children for labour or sexual exploitation constitutes one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on the types of activities which are likely to place a person in a distressful situation, pursuant to Chapter 4, section 3 of the Penal Code. It also asks the Government to provide information on any envisaged amendment to the Penal Code that would expressly prohibit the sale and trafficking of children under 18 years of age for labour exploitation.

2. Forced or compulsory labour. The Committee notes the Government’s indication that Chapter 2, article 8 of the Constitution states that "all citizens shall be protected against deprivation of liberty in their relations with the public administration". The Government states that the "travaux préparatoires" of the Constitution make clear that the abovementioned provision is to be construed as unequivocally prohibiting conditions resembling slavery or forced labour, even though the provision is not expressly formulated as a prohibition to this effect. The Committee also notes that, according to Chapter 4, section 3 of the Penal Code, it is prohibited to cause, by unlawful coercion or deceit, the entry of someone into work service or other similar condition of restraint. The Committee requests the Government to provide information on the meaning of the terms "work service" used in Chapter 4, section 3 of the Penal Code and its application in practice.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes the Government’s indication in its second report to the Committee on the Rights of the Child (CRC/C/65/Add.3, 11 February 1998, paragraph 209) that Swedish men are liable for compulsory military service from the calendar year in which they reach 18 years up to and including the year in which they reach 47 years. The Committee also notes the Government’s indication that, according to section 2 of the Total Defence Duty Act, Swedish citizens incur a duty of service within the total defence system from the beginning of the calendar year in which they attain 16 years of age. According to section 3 of the abovementioned Act, a person liable for total defence service is duty bound to serve in the total defence system to the extent which his/her physical strength and state of health permit. The Government adds that service of this kind is performed as compulsory military service, civil defence service or general compulsory service (section 4 of the abovementioned Act). The Government also states that, by virtue of section 5 of the same Act, military service is compulsory only for Swedish men and applies from the calendar year in which the person liable for total defence service attains the age of 19. The Government adds that work to which a person is liable for total defence service as part of general compulsory service may not, without that person’s consent, be combined with the use of arms against another (Chapter 6, section 2). The Committee asks the Government to supply a copy of the relevant provisions of the Total Defence Duty Act.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, according to Chapter 6, section 8(1) of the Penal Code, a person who promotes or improperly exploits financially the casual sexual relations for payment of another person commits an offence. Chapter 6, section 8(2) of the abovementioned Code also states that a person who, holding the right to use premises, grants the right to use them to another person knowing that the premises are wholly or substantially used for casual sexual relations for payment and omits to do what can reasonably be expected to terminate the granted right, will be considered to have promoted such activities and consequently be prosecuted. Chapter 6, section 10 of the Penal Code provides that a person who, by promising or giving recompense, obtains or tries to obtain casual sexual relations with a person under 18 years commits an offence.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that Chapter 6, section 7(1) of the Penal Code states that a person who induces a child to undertake or participate in an act with sexual implications commits an offence. According to Chapter 6, section 7(2) of the Penal Code, it is also prohibited to induce, by coercion, seduction or other improper influence, a person aged 15 to 18 to undertake or participate in an act with sexual implications if the act is an element in the production of pornographic pictures or constitutes pornographic posing in circumstances other than those relating to the production of a picture. Section 10(a) of Chapter 16 of the Penal Code states that it is an offence to: (i) portray a child in a pornographic picture; (ii) disseminate, transfer, grant use, exhibit or in any other way make such a picture of a child available to some other person; (iii) acquire or offer such a picture of a child; (iv) bring about contact between a buyer and a seller of such pictures of children or take any other similar step to facilitate dealing in such pictures; or (v) possess such a picture of a child. Under Chapter 16, section 10 of the Penal Code, the term child refers to a person whose pubertal development is not complete or, a person who appears to be, from the picture, under 18 years of age. It is also prohibited to disseminate, even by negligence, a picture of the kind described above for the purpose of making money (Chapter 16, section 10(a), subsection (4) of the Penal Code).

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the absence of information in the Government’s report on the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that section 1 of the Narcotic Drugs (Punishments) Act of 1968, prohibits the transfer, manufacture, acquisition for the purpose of transfer, possession, use or handling, procuring, offering, or sale of narcotic drugs. Noting that the use, procuring or offering of a child for the abovementioned activities is not expressly prohibited, the Committee reminds the Government that the prohibition contemplated in Article 1 read with Article 3(c) of the Convention includes the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs. In this regard, the Committee draws the Government’s attention to its obligation under Article 1 to take immediate measures to secure the prohibition. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 for the production and trafficking of drugs.

Clause (d). Hazardous work. The Committee observes that, by virtue of Chapter 5, sections 1 and 3 of the Work Environment Act, a minor under 18 years of age "may not be used for or carry out work in a manner entailing a risk of accidents or of overexertion or any other harmful effect on the minor’s health or development".

Work on board ships. The Committee observes that section 4 of the Work Environment Act states that the Act does not apply to ship work other than work on warships. It also notes the Government’s indication that the Proclamation of the Swedish Maritime Administration (SJOFS A 13) prohibits the employment of minors for certain types of work on board ships. According to the Government’s indication, it is prohibited to employ a minor under 18 years of age in 11 types of work on board ships including for instance: pickling with a toxic or harmful substance; welding or cutting with a gas or electric arc; handling of a poison or a product equated therewith and class 1 pesticide; work in connection with dust, smoke or vapour having a toxic, corrosive, or otherwise harmful effect; work as the driver or operator as a hoist, crane or other such device, etc. The Committee requests the Government to supply a copy of the Proclamation.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that, according to Annex 2 of the Provisions of the National Board of Occupational Safety and Health on Minors at Work, the following tasks shall not be performed by minors: (i) work under water or at elevated pressure in a pressure tank, caisson or such like (diving work); (ii) work which adults may only undertake by special permission of the Work Environment Authority as provided in the Provisions on Occupational Exposure Limit Values; (iii) demolition work which adults may only undertake by special permission of the Work Environment Authority as provided in the Provisions on Asbestos; (iv) work with experimental types of cancer research or work taking place on the same premises as such research work; (v) work on premises where micro-organisms are used which belong to safety classes 3 and 4 under the Provisions on Biological Substances; or (vi) work entailing a risk of contact with human blood which is presumably infected.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee reminds the Government that, according to Article 4(2), of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken in this regard.

Paragraph 3. Periodic review of the list of the types of hazardous work. The Committee notes the Government’s indication that the annexes to the Provisions of the National Board of Occupational Safety and Health on Minors at Work of 1996, that lists the types of hazardous work prohibited for minors, have not yet been revised The Government adds that they will be reviewed in 2004-06. The Committee accordingly requests the Government to supply a copy of the new list of hazardous work prohibited for children under 18 once adopted.

Article 5. Monitoring mechanisms. 1. Work Environment Authority and the Maritime Safety Inspectorate. The Committee notes the Government’s indication that the Work Environment Authority is responsible for monitoring the implementation of the Work Environment Act which prohibits the employment of persons under 18 in hazardous work. The Committee also notes that, according to Chapter 7, section 1, of the Work Environment Act, the Maritime Safety Inspectorate is the monitoring authority with regard to warships. The aforementioned supervising authorities are entitled, on request, to receive information, documents and samples to order the investigations required for the enforcement of the abovementioned Act (Chapter 7, section 1, of the Work Environment Act). They are entitled to access worksites and carry out investigations, and may, to this end, be assisted by the police (Chapter 7, section 5, of the Work Environment Act). The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/125/Add.1, 12 July 2004, paragraph 590) that the monitoring of compliance with the rules governing minors is an integral part of the day-to-day activities of the Work Environment Authority and the Maritime Safety Inspectorate. The Government adds that the appreciation of the fact that special rules apply to minors is now widespread and is reflected in the number of inquiries concerning their application. The Committee requests the Government to provide information on the activities of the Work Environment Authority and the Maritime Safety Inspectorate, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

2. Children’s Ombudsman. The Committee notes the Government’s indication that the Ombudsman for children is responsible for monitoring issues concerning the rights and interests of children and young persons, including provisions giving effect to Convention No. 182. The Committee requests the Government to provide further information on the activities of the Ombudsman for children.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the absence of information in the Government’s report on this point. However, it notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/125/Add.1, 12 July 2004, paragraphs 601-609), that following the 1996 Stockholm World Congress against Commercial Sexual Exploitation of Children, Sweden launched, in 1998, a National Plan of Action against the Commercial Sexual Exploitation of Children. Following the second World Congress against Commercial Sexual Exploitation of Children in December 2001, the Government updated the National Plan of Action. The two main objectives were to expand it and to make it easier to follow up. Thus, the Government has appointed, in February 2002, a working group whose mandate is to collect, by 2004, facts and information about the sexual exploitation of children in Sweden and to identify actors who could build up a network for the exchange of experiences and information. The working group will also examine the need for efforts to influence public attitudes on issues related to the sexual exploitation of children, follow up the National Plan of Action and, where necessary, decide whether further action is needed by the Government. The Committee asks the Government to provide information on the findings of the working group with regard to child victims of sexual exploitation in Sweden and to indicate the measures taken or envisaged by the Government pursuant to this study.

Article 7, paragraph 1. Penalties. The Committee observes that, according to Chapter 4, section 1(a) of the Penal Code, as amended in 2002, a person who trafficks a child under 18 into another country for sexual exploitation is liable to two to ten years’ imprisonment. Chapter 4, section 3, of the Penal Code, provides that a person who causes, by unlawful coercion or deceit, the entry of someone into work service or other similar condition of restraint, or induces someone to go or remain in a place abroad where he/she may be exposed to prosecution or exploited for prostitution or otherwise fall in distress is liable to imprisonment for one to ten years. It also notes that, according to Chapter 6, section 8(1) of the Penal Code, a person who promotes or improperly exploits the prostitution of another person is liable to a maximum of four years’ imprisonment. The same penalties apply to a person who, holding the right to use premises, grants this right to another person knowing that the premises are wholly or substantially used for prostitution and omits to do what can reasonably be expected to terminate the granted right (Chapter 6, section 8(2) of the abovementioned Code). Chapter 6, section 10, of the Penal Code provides that a person who, by promising or giving recompense, obtains or tries to obtain casual sexual relations with a person under 18 is liable to a fine or a maximum of six months’ imprisonment. The Committee notes that Chapter 6, section 7(1), of the Penal Code states that a person who induces a child to undertake or participate in an act with sexual implication is liable to a fine or to a maximum of two years’ imprisonment. According to Chapter 6, section 7(2), of the Penal Code, the same penalty will apply to a person who, by coercion, seduction or other improper influence induces a person aged 15 to 18 to undertake or participate in an act with sexual implication if the act is an element in the production of pornographic pictures or constitutes pornographic posing in circumstances other than those relating to the production of a picture. The Committee further observes that, according to Chapter 16, section 10(a), of the Penal Code, a person who: (i) portrays a child in a pornographic picture; (ii) disseminates, transfers, grants, uses, exhibits or in any other way makes such a picture of a child available to some other person; (iii) acquires or offers such a picture of a child; (iv) brings about contact between a buyer and a seller of such pictures of children or takes any other similar step to facilitate dealing in such pictures; or (v) possesses such a picture of a child, is liable to a maximum of two years’ imprisonment.

The Committee notes that, by virtue of Chapter 8, section 2, of the Work Environment Act, a fine may be imposed on persons who intentionally or negligently employ a minor under 18 in hazardous work, in contravention of Chapter 5, section 3. Noting the absence of a minimum amount of the fine imposed under Chapter 8, section 2, of the Work Environment Act, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that a person who employs a child under 18 years in breach of the provisions of the Work Environment Act is liable to sufficiently effective and dissuasive penalties.

Noting the absence of information in the Government’s report on the applicable penalties for a person who employs a child on board ships in hazardous working conditions in contravention of the Proclamation of the Swedish Maritime Administration, the Committee asks the Government to provide information on applicable penalties.

Paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on the existence of effective and time-bound measures (d) to identify and reach out to children at special risk; and (e) to take account of the special situation of girls. The Committee accordingly requests the Government to supply information on the time-bound measures taken or envisaged, as required under Article 7(2) (d) and (e) of the Convention.

Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. 1. Nordic-Baltic campaign. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/125/Add.1, 12 July 2004, paragraph 635) that the aim of the Swedish part of the Nordic-Baltic campaign against trafficking in women is to heighten public awareness in Sweden about prostitution and global trafficking in women and children by means of education and information. The Committee asks the Government to provide information on the concrete measures taken within the framework of the Nordic-Baltic campaign against trafficking in women and their impact on preventing and combating the trafficking of children under 18 years for sexual exploitation and child prostitution.

2. Ensuring access to free basic education. The Committee notes that Chapter 2, article 21, of the Constitution states that all children covered by compulsory schooling shall be entitled to free basic education in public schools. A foreign national has a similar right to education (Chapter 2, article 22(10) of the Constitution). The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/125/Add.1, 12 July 2004, paragraph 477) that it took action to increase grants, fund professional development programmes for teachers, review policy documents, evaluate public programmes and required municipalities to improve their reporting on quality development. The Government adds that the results of these actions will not be evident until later. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee asks the Government to provide information on the impact of these actions on access to free basic education.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Child victims of prostitution. The Committee notes the Government’s indication that the police may intervene against young persons who, for example, pose in sex clubs or are involved in street prostitution. The Government adds that, by virtue of section 12 of the Police Act, the police is empowered to take a person presumably aged under 18 in charge if that person is found in conditions obviously implying an imminent and serious risk to health and development. The Committee asks the Government to provide information on the number of children withdrawn from street prostitution and the measures provided to them to ensure their rehabilitation and social integration.

2. Children in hazardous occupations. The Committee notes the Government’s indication that, by virtue of section 3 of the Care of Young Persons (Special Provisions) Act (No. 1990:52), the community is empowered to intervene on a coercive basis if, for example, a young person is exposing health or development to a palpable risk of harm through socially degrading behaviour, such as performing in sex clubs or engaging in prostitution. Noting the Government’s statement that care can be provided for persons aged 18 to 20 years, the Committee requests the Government to provide information on the measures taken or envisaged to ensure the rehabilitation and social integration of children under 18 years engaged in activities likely to harm their health or development. It also asks the Government to provide further information on the persons entitled to withdraw children under 18 who expose their health or development to a palpable risk of harm.

Article 8. 1. International cooperation. The Committee notes that Sweden is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1990, and the Protocol on the involvement of children in armed conflict in 2003, and signed in 2000 the Optional Protocol on the sale of children, child prostitution and child pornography.

2. Trafficking of children. The Committee notes that Rules on International Legal Assistance in Criminal Matters were adopted in 2000. This Act extends the possibilities for Swedish authorities to assist foreign States for the purpose of criminal investigations and criminal proceedings. The Committee also notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/125/Add.1, 12 July 2004, paragraph 641) that Sweden supports a number of efforts to combat human trafficking in Central and Eastern Europe, including the western Balkans, as well as in South and South East Asia and in West Africa. Swedish assistance has mainly been channelled via international organizations such as the IOM, UNICEF, and the United Nations Economic and Social Commission for Asia and the Pacific (ESCAP), but also non-governmental organizations. The Government adds that, in June 2002, it decided to commit further resources to Swedish programmes against human trafficking primarily in North Western Russia, the Baltic States, Belarus and Ukraine. The Committee also notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/125/Add.1, 12 July 2004, paragraph 629) that the Baltic Sea Prosecutors-General under the auspices of the Task Force on Organized Crime in the Baltic Sea Region, have established a special working group on trafficking in and sexual abuse of children and women. The Committee asks the Government to provide information on the impact of the measures of cooperation and assistance on eliminating the trafficking of children for labour or sexual exploitation.

3. Child pornography. The Committee takes note of the Government’s indication to the Committee on the Rights of the Child (CRC/C/125/Add.1, 12 July 2004, paragraphs 618-621) that the National Criminal Investigation Department (hereinafter NCID), and more particularly the Special Objects Unit, is responsible for police work in cases of sexual exploitation of children, including child pornography. The Special Objects Unit informs Interpol when an investigation reveals data with international ramifications. The NCID has issued an action plan for international police work on child sex offences and child pornography. According to the action plan, the NCID shall: (i) document child sex abuse and the circulation of child pornography; (ii) collaborate with other organizations; (iii) establish cross-matching procedures for child pornography material; (iv) further develop these procedures; (v) assist with searches and provide investigation resources; (vi) prevent child sex abuse with the help of liaison officers; and (vii) assist with training. The Special Objects Unit gathers and systemizes pictures that come into its possession in a digital reference library comprising pornographic images of children. The Government also states that the digital reference library has proved a highly effective tool in the fight against child pornography offences. The Unit assists countries worldwide with searches and investigations. The Committee asks the Government to provide information on the impact of the NCID work on eliminating child pornography worldwide.

4. Poverty elimination. The Committee notes the Government’s indication that Sweden contributes through the Swedish International Development Authority (hereinafter SIDA) to eliminate poverty worldwide. The Committee also observes that Sweden has long-term development cooperation agreements with Bangladesh, Sri Lanka, Cambodia, Viet Nam and Laos, and with the West Bank/Gaza. Other countries receiving support are Afghanistan, Thailand, the Philippines, China and Indonesia. It also cooperates with 18 African countries, seven countries in Latin America and countries from Central America and the Caribbean. The Committee notes that these programmes contribute to breaking the cycle of poverty which is essential for the elimination of the worst forms of child labour. The Committee accordingly asks the Government to supply information on any notable impact of these poverty reduction programmes towards eliminating the worst forms of child labour.

Part III of the report form. Noting the absence of information in the Government’s report on this point, the Committee requests the Government to supply information on any court decisions regarding the legislation relevant to the application of the Convention.

Part V. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those 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 penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.