Observación (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Jordania (Ratificación : 2000)

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Article 3 of the Convention. Worst forms of child labour. Clause (b). 1. Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that the Penal Code prohibits certain acts associated with the prostitution of women, including those under 18, but does not do so in respect of boys under the age of 18.

The Committee once again notes the Penal Code provisions referenced in the Government’s report, but observes that these provisions do not appear to prohibit the use, procuring or offering of a boy under 18 for the purpose of prostitution. The Committee also notes the Government’s reference to the Human Trafficking Act of 2009. The Committee notes that section 3(a) of the Human Trafficking Act prohibits leading, transferring, sheltering or receiving any person under the age of 18 years of age for their exploitation, even if that exploitation is not accompanied by the threat of force, or its use, deception, misuse of power or the exploitation of a state of weakness. Section 3(b) specifies that exploitation includes prostitution or any form of sexual exploitation.

Referring to paragraph 506 of its General Survey of 2012 on the fundamental Conventions concerning rights at work, the Committee recalls the importance of ensuring that both boys and girls are provided protection against commercial sexual exploitation. In this regard, the Committee requests the Government to indicate whether the prohibition contained in section 3 of the Human Trafficking Act covers the use, procuring or offering of boys under 18 years for the purpose of prostitution in situations not linked to trafficking, in its next report.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously observed that while the Penal Code prohibited subjecting a boy or girl under 15 to an act that is contrary to morals, as well as prohibiting the utterance of indecent words to them, the legislation did not appear to contain provisions prohibiting the use, procuring or offering of all persons under 18 for the production of pornography.

The Committee notes the Government’s indication that the Human Trafficking Act prohibits the trafficking of persons under 18 years for the purpose of sexual exploitation. However, the Committee notes that these provisions do not appear to specifically address the use of children for the production of pornography. The Committee, therefore, urges the Government to take immediate and effective measures to prohibit the use, procuring or offering of all persons under 18 for the production of pornography and pornographic performances, in conformity with Article 3(b) of the Convention.

Article 4(3). Periodic examination of the list of hazardous work. The Committee previously noted that the Order on dangerous, tiring or health endangering tasks for young persons of 1997 provides for a list of types of hazardous work, and that this list was amended in 2004.

The Committee notes the Government’s indication that a technical committee was established by the Ministry of Labour to examine the list of types of hazardous work in light of the specific hazards affecting young persons. In this regard, the Committee notes with satisfaction that the list of hazardous, tiring or health jeopardizing tasks for young persons was amended on 16 July 2011, and that this revised list is much more comprehensive than the previous list, particularly as it focuses on the types of hazards rather than jobs. The Committee notes that this revised list is divided into eight categories of work: physical hazards; tasks with psychological and social hazards; tasks with moral hazards; tasks with chemical hazard; tasks with physiological hazards; work with biological hazards; tasks with ergonomic hazards; and other hazards.

The Committee is raising other points in a request addressed directly to the Government.