Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). Compulsory recruitment of children for use in armed conflict. The Committee notes that, by virtue of section 1(1) of Law No. 1763/1988 (as amended by Law No. 2510 of June 1997) on military service, men, from the 1 January of the year during which they turn 19, are liable to military service with the armed forces. However, the Committee observes that section 1(2) of the abovementioned Law states that, by decision of the Minister of National Defence, all Greek males may be called up to join the armed forces from the 1 January of the year during which they reached the age of 18, in order to cover increased mobilization needs. Furthermore, section 21 of Law No. 1763/1988 (as amended by section 14 of Law No. 2510/1997) states that, by decision of the Minister of National Defence, enlistment may be permitted for Greek males who have reached the age of 17 and who have not yet been called up for enlistment. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the compulsory recruitment of children in armed conflict 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 measures taken or envisaged to secure the prohibition of conscription of children under 18 years of age into armed forces for deployment in armed conflicts.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, according to section 348(A)(1) of the Penal Code (as amended by Law No. 3064/2002), any person who, for reasons of speculation, prepares, owns, obtains, purchases, transports, distributes, provides, sells or releases in any way pornographic material commits an offence. Pornographic material is defined under subsection (2) as “any description, real or virtual representation, on any device, of the body of a minor, aiming at sexual arousal, as well as the recording or impression on any device of a real, simulated or virtual lecherous act made for the same purpose by or with a minor”. Section 351A of the Penal Code also states that an adult who solicits a lecherous act between minors commits an offence. The Committee notes that by virtue of section 121 of the Penal Code, the term minor applies to children under 17 years of age. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or pornographic performances 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 measures taken or envisaged to ensure that children under 18 years of age are not used, procured or offered for the production of pornography or for pornographic performances.

Clause (c). 1. Use, procuring or offering of a child for the production and trafficking of drugs. The Committee observes that, according to section 10 of Law No. 2161 amending and completing Law No. 1729/1987, on “fighting against the spread of drugs, protection of youth and other provisions”, it is prohibited to import, sell, purchase, offer, dispose of, distribute, or transport drugs. Noting that the use, procuring or offering of a child for these activities is not prohibited, the Committee reminds the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for the production and trafficking of drugs constitutes one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. 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.

2. Causing or allowing a child to be used for begging. The Committee notes that, by virtue of section 407 of the Penal Code, begging is prohibited. Section 409 of the Penal Code provides that it is an offence for a person to encourage or neglect to discourage other persons under that person’s care from begging, or to deliver or supply persons under 17 years of age to a third party with the intent to arouse by their youth the pity of the public for monetary gain. The Committee reminds the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities constitutes one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee accordingly requests the Government to provide information on the measures taken or envisaged in national legislation to prohibit the use, procuring or offering of children under 18 for illicit activities, including for begging.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes that, by virtue of section 17 of Law No. 1837/1989 on the protection of young persons in employment, the labour inspectorate is responsible for supervising the application of this Law. It also observes that, by virtue of section 8 of the abovementioned Law (except those working in artistic work), young persons who wish to be employed must have an employment book issued by the labour inspectorate. The Committee notes that, according to the report of the labour inspectorate of 2002, 4,055 employment books were issued in 2002 for the employment of young persons. The Committee requests the Government to provide information on the activities of labour inspectors, 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. The police. The Committee notes the Government’s indication that “subdirectorates for the protection of minors” was established within the police in 2001 to secure the effective protection of minors. The Government also states that, in 2004, a department was established within the Attica and Salonica police headquarters to fight against electronic crimes, including offences against the legal rights of the child such as child pornography. The Committee requests the Government to provide information on the concrete measures taken by the Sub-directorates for the protection of minors and the department combating electronic crimes and their impact on the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication that no programmes of action have been designed so far because of the adoption of recent legislative measures. The Committee notes however that, according to section 2 of Law No. 3144 of 8 May 2003, a resolution of the Minister of Labour and Social Security and competent ministers shall determine action projects for the protection of employed minors. These projects shall be consistent with the provisions of Convention No. 182. The Committee requests the Government to provide information on progress made towards the adoption of a resolution by the Minister of Labour and Social Security, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups to determine action projects for the protection of employed minors in Greece.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that by virtue of article 16(4) of the Constitution, compulsory basic education lasts nine years and is free. The State shall provide for the financial assistance of those in need of special protection (article 16(4) of the Constitution). The Committee notes that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/28/Add.17, 25 June 2001, paragraph 296-301), compulsory education starts when a child reaches 6 years of age and is divided in two sections: six years of primary education followed by three years of junior secondary school. The Government adds that between 1981 and 1991, the percentage of pupils dropping out of compulsory education fell from 23 per cent to 9.6 per cent. The Committee also notes that the representative of the Government indicated to the Committee on the Rights of the Child (CRC/C/SR.754, 1 March 2002, paragraphs 60-65) that the Government has taken measures to prevent pupils from minority groups from dropping out. It also indicates that actions taken in favour of Muslim minorities in Thrace appear to have yielded excellent results, as the number of Muslims attending secondary schools was said to have increased by 70 per cent. The Committee asks the Government to provide statistical information on the number of children enrolled in compulsory education, the dropout rate and the number of children repeating the school year. It also asks the Government to continue to provide information on the measures taken to improve access to education for children from minorities or poor families, and the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee observes that, according to the UNICEF, children are trafficked from Albania to Greece for labour or sexual exploitation. The Committee also notes that section 12 of Law No. 3064/2002 amending the Penal Code provides that the victims of crimes stated in sections 349, 351 and 351(A) of the Penal Code (i.e. the use, procuring or offering of a minor for prostitution and the sale and trafficking of minors for labour or sexual exploitation) shall be provided with protection, mainly concerning their life and physical integrity. In addition, they shall be assisted for accommodation, board, living conditions, care and psychological support as well as legal assistance. Minors shall be included in programmes of education and vocational training. The Committee notes that a decree shall determine the means and method of such protection and assistance (section 12 of Law No. 3064/2002 amending the Penal Code); it shall be adopted within six months. The Committee accordingly requests the Government to indicate the concrete measures taken under the abovementioned decree to provide direct assistance for the removal of child victims of trafficking, and ensure their rehabilitation and social integration. It also asks the Government to provide information on the results achieved.

Clause (d). Children at risk. Street children. The Committee notes the absence of information in the Government’s report on this point. However, the Committee notes that the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.170, 2 April 2002, paragraph 72-73), expressed concern at the rising number of children working and living on the street, particularly Roma children, and the lack of access of these children to education. The Committee notes that the representative of the Government declared to the Committee on the Rights of the Child (CRC/C/SR.754, 1 March 2002, paragraph 66) that the situation of street children had improved significantly thanks to the joint efforts by the municipalities, non-governmental organizations and the Ministry of Education. Social centres are open to street children during the day which provide them with clothing, money and food. The Government representative adds that the persons in charge of the centre also ensure that children go to school and offer them remedial classes in various subjects. The Committee accordingly asks the Government to provide information on the time-bound measures taken or envisaged, to ensure that children under 18, working in the street, are protected from the worst forms of child labour, and have access to education.

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.