Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Article 3 of the Convention. The worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. (i) For sexual exploitation. In its previous comments, the Committee noted that section 176(2) of the Penal Code does not apply to young persons "under the age of 16 years". It requested the Government to take the necessary measures to prohibit the sale and trafficking of children between the ages of 16 and 18 years for sexual exploitation. In this respect, the Committee notes the information provided by the Government to the effect that the protection of young persons between 16 and 18 years of age against sale and trafficking for sexual exploitation is provided for in section 169 of the Penal Code. It also notes the Government’s indication that, under the terms of section 5(1)(b) of the Penal Code, as amended by Act No. 3/2004 of 22 July 2004, the crimes established, among others, in sections 169 and 176 of the Penal Code are of extraterritorial application.

(ii) For economic exploitation. The Committee observed previously that there appeared to be no legal provisions that specifically prohibited the sale and trafficking of young persons under 18 years of age for economic exploitation in Portugal. It requested the Government to indicate the measures taken to secure the prohibition of the sale and trafficking of children under 18 years of age for economic exploitation. The Committee notes the Government’s indication that the trafficking of young persons under 18 years of age for economic exploitation constitutes the crime of coercion (section 154 of the Penal Code), grave coercion (section 155 of the Penal Code) and slavery (section 159 of the Penal Code), and that these provisions accordingly prohibit the sale and trafficking of young persons under 18 years of age for economic exploitation.

Clause (b). The use, procuring or offering of a child for prostitution. The Committee had previously asked the Government to indicate whether sections 170 and 176 of the Penal Code prohibited the use, procuring or offering of a child under the age of 18 for prostitution. The Committee notes the Government’s response that:

n  section 176 prohibits "promoting, encouraging or facilitating" prostitution in respect of children between 14 and 16 years of age;

n  section 170 prohibits the "procurement" of persons over 16 if the procurement is for gain or pursued professionally.

The Committee recalls that Article 3(b) also refers to the use of a child under 18 for prostitution. The Committee accordingly requests the Government to indicate whether these provisions prohibit the use of a child under 18 for prostitution or whether there are any other provisions that do so.

2. The use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that section 172(3)(c) of the Penal Code, which penalizes the use of a child under the age of 14 years for pornographic photographs, films or recordings, only covers children "under the age of 14 years". It requested the Government to indicate the measures adopted to prohibit the use, procuring or offering of a child "under 18 years of age" for the production of pornography or for pornographic performances. The Committee notes the Government’s indication that section 173(2) of the Penal Code penalizes the use of a young person between 14 and 18 years of age for pornographic photographs, films or recordings.

Clause (d). Hazardous work. The Committee noted previously that section 60(2) of Act No. 99/2003 of 27 August 2003 issuing the Labour Code (the Labour Code) provides that the employment of young persons in work detrimental to their physical, psychological or moral development shall be prohibited or regulated by special legislative provisions. Furthermore, it noted that sections 116 to 121 of Act No. 35/2004 of 29 July 2004 issuing regulations under the Labour Code of 2003 (Act No. 35/2004 of 29 July 2004) determine the activities and working conditions prohibited for young persons. The Committee observed that neither the Labour Code nor Act No. 35/2004 of 29 July 2004 define the term "young person". In this respect, the Committee notes the Government’s indication that, under the terms of section 122 of the Civil Code, the age of majority is 18 years and that this concept applies to the provisions of the Labour Code and Act No. 35/2004 of 29 July 2004.

Article 4, paragraph 1. Determination of hazardous work. With reference to its previous comments, the Committee noted with interest the Government’s indication that the adoption of Act No. 35/2004 of 29 July 2004 was preceded by consultations with the organizations of employers and workers. It also notes that these consultations were held in two stages. Firstly, when preparing the draft legislation, the Government informed and consulted the organizations of employers and workers represented on the Standing Social Dialogue Commission of the Economic and Social Council. Subsequently, following the submission of the Bill to Parliament, it was published so as to enable employers’ and workers’ organizations to provide their views to the Parliamentary Assembly.

Article 5. Monitoring mechanisms. 1. The police. The Committee notes with interest the detailed information on the activities of the public authorities, and particularly the criminal police, the Ministry of the Interior and the courts, in relation to the implementation in practice of the provisions giving effect to the Convention. It notes in particular that the police forces have adopted measures to prevent and combat sex crimes involving young persons, particularly by providing training to police officers on these crimes. In this respect, the National Guard has established 23 special assistance units throughout the country. With a view to improving their effectiveness, the police officers attached to these units participate constantly in training activities, both in Portugal and abroad. Furthermore, the national police has 34 assistance units for the victims of crime, including sex crimes.

2. Labour inspection. The Committee notes the information on labour inspection provided by the Government. It notes in particular that the labour inspection services are collaborating with other governmental organizations and NGOs, including the Programme for the Prevention and Elimination of the Exploitation of Child Labour (PETI), the social partners and the National Confederation for Action on Child Labour (CNASTI).

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. With reference to its previous comments, the Committee notes the information provided by the Government on the activities of the Programme for the Prevention and Elimination of the Exploitation of Child Labour (PETI). PETI has 18 mobile multidisciplinary teams, composed of specialists in different fields. During the first stage, the specialists of the mobile multidisciplinary teams, together with the social security services, schools and commissions for the protection of children and young persons, undertake a diagnosis of the economic, family and school situation of the child worker. They then provide guidance to young persons towards the most appropriate solution or solutions, ranging from a return to regular school attendance to integration or the adoption of exceptional measures. The Committee also notes that, among the measures adopted by PETI, preventive measures are those relating to situations in which young persons are at risk of being engaged in the worst forms of child labour, such as selling drugs or prostitution. Noting that the activities of PETI during the years 2003 and 2004 covered 4,765 and 4,433 young persons, respectively, and that, in the same years, 1,182 and 1,588 preventive measures were adopted, the Committee requests the Government to continue its efforts to prevent young persons from being engaged in the worst forms of child labour. It also requests it to continue providing information on the measures adopted to prevent the engagement of children in the worst forms of child labour.

Clauses (b) and (c). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation, social integration and access to free basic education. 1. Programme for the Prevention and Elimination of the Exploitation of Child Labour (PETI). In its previous comments, the Committee requested the Government to provide information on the results achieved by PETI in removing children from the worst forms of child labour and providing for their rehabilitation and social integration. With regard to PETI, the Committee notes that, in addition to preventive measures, PETI also takes remedial measures for young persons already engaged in the worst forms of child labour. It notes that, during the years 2003 and 2004, some 1,281 and 1,355 remedial measures were adopted, respectively. The Committee requests the Government to provide detailed information on the remedial measures adopted for young persons during the years 2003 and 2004, particularly with regard to their rehabilitation and social integration. It also requests the Government to continue providing information on the measures adopted to withdraw children from the worst forms of child labour and provide for their rehabilitation and social integration.

2. Integrated education and training programme. The Committee previously requested the Government to provide information on the results achieved by the integrated education and training programme in terms of removing children from the worst forms of child labour and providing for their rehabilitation and social integration. In this respect, the Committee notes the information provided by the Government, particularly with regard to the action taken under this programme. The Committee notes that the number of young persons who have participated in the programme fell from 1,734 in 2003-04 to 1,710 in 2004-05, and that, in 2005-06, the Government estimates the number of participants at 2,300. The Committee requests the Government to continue its efforts to ensure access to primary and secondary education and to vocational training for young persons who have been removed from the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. 1. HIV/AIDS. In its previous comments, the Committee referred to the concluding observations of the Committee on the Rights of the Child on the second periodic report of Portugal in November 2001 (CRC/C/15/Add.162, paragraphs 40 and 41) in which, despite the launching of the Government’s health education programme to address the problem of HIV/AIDS, it expressed concern at the incidence of HIV transmission, including mother-to-child transmission, and the high incidence of AIDS (10.4 cases per 100,000) in the State party. The Committee observed that the HIV/AIDS pandemic has consequences on child victims of AIDS and orphans who may more easily be engaged in the worst forms of child labour, and it requested the Government to provide information on the measures adopted or envisaged through its national policy on HIV/AIDS to address the situation of children engaged in the worst forms of child labour. The Committee notes that, according to the statistics of the Ministry of Health for July 2005, the number of cases has declined in 2005. It also notes that the Government is taking measures against the pandemic. The Committee hopes that the Government will continue its efforts in this respect.

2. Street children. The Committee referred previously to the second periodic report that the Government submitted to the Committee on the Rights of the Child in February 2001 (CRC/C/65/Add.11, paragraph 552), in which it indicated that cases of trafficking in children are rare in Portugal, but that isolated cases had been detected in coastal areas, where abandoned children had been found. The Government added that several NGOs were adopting measures for the benefit of street children, who are priority targets for recruitment for sexual exploitation, prostitution and pornography. The Committee requested the Government to provide information on the measures taken by NGOs and their impact in terms of protecting street children against the worst forms of child labour, and particularly trafficking for sexual exploitation, prostitution and pornography. Noting the Government’s indication that information on the measures adopted by NGOs for the protection of street children are not currently available, the Committee hopes that the Government will provide such information to the Office as soon as possible.

Clause (e). Taking account of the special situation of girls. In its previous comments, the Committee requested the Government to provide information on the action taken by public and private bodies involved in protecting children and young persons at risk, with particular reference to girls. In this respect, the Committee notes the Government’s indication that such information is not available at the present time and that it will be provided to the Office as soon as possible.

Article 8. International cooperation and assistance. Further to its previous comments, the Committee notes with interest the detailed information provided by the Government on the various programmes of bilateral and multilateral cooperation in the field of social policy with African Portuguese-speaking countries, some of which relate to the elimination of the worst forms of child labour. It encourages the Government to continue its collaboration with these countries.

Parts IV and V of the report form. Application of the Convention in practice. The Committee takes due note of the information provided by the Government on the inspections carried out by the labour inspectorate between 1997 and 2005. It notes that, according to this information, the number of children working illegally is declining significantly. The Committee also notes that the criminal police carried out over 2,200 investigations between 2003 and 2004 on the crimes of the sexual exploitation and abuse of young persons. In 2004, five investigations were commenced concerning the offering and trafficking of young persons, and 103 persons were arrested and convicted for sexual crimes involving young persons. The Committee requests the Government to continue providing information on the manner in which the Convention is applied in Portugal and on any difficulties encountered in its application. It also requests it to provide copies or extracts of reports of the inspection services, studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number and nature of the infringements reported, investigations undertaken, prosecutions and convictions.