Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee takes note of the Government’s first and second reports. 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. The sale and trafficking of children. The Committee notes that, according to sections 323(A) and 351(1) of the Penal Code (as amended by Law No. 3064/2002 of 15 October 2002), any person who, using violence, threat or other compulsive measures, retains, transfers or promotes within or outside the territory, detains, fosters, delivers with or without exchange to other persons or receives a person from others with the purpose of removing body organs, exploiting their work, or for the purpose of sexual exploitation, commits an offence.

 2. Forced or compulsory labour. The Committee notes that slave trading is an offence under section 323(1) of the Penal Code. Slave trading includes any act of seizure, attainment or disposition of an individual which is intended to subject him to slavery; any act of acquiring a slave with intent to resell or exchange him; and in general any act of trading or delivering slaves (section 323(2) of the Penal Code). The Committee also notes that, by virtue of article 22 of the Constitution, any form of compulsory labour is prohibited.

3. 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). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, by virtue of section 349 of the Penal Code (as amended by section 7 of Law No. 3064/2002), any person who, in order to serve the vices of other persons, promotes or urges a minor (i.e. a minor is a person aged 7 to 17 according to section 121 of the Penal Code) to prostitution or fosters or facilitates child prostitution commits an offence. Section 350 of the Penal Code provides that a male who derives his livelihood wholly or partially from the exploitation of the income of female prostitutes commits an offence. Section 351 of the Penal Code (as amended by section 8 of Law No. 3064/2002) states that it is prohibited, by using violence, threat or other compulsive measures or the imposition of abuse of power, to retain, transfer or promote within or outside the territory, detain, foster, deliver with or without exchange to other persons or receive a person from others for the purpose of sexual exploitation. Penalties will be increased if the abovementioned offences are committed against a minor (i.e. a person aged 7 to 17). The Committee also observes that, by virtue of section 351(A) of the Penal Code, an adult who commits a lecherous act with a minor in return for remuneration commits an offence.

2. 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. Noting 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 3, clause (d), and Article 4, paragraph 1. Hazardous work. The Committee observes that sections 1 and 2 of Law No. 1837/1989 on the protection of young persons in employment, persons under 18 years of age are not permitted to be employed in dangerous, heavy or unhealthy work, or on work which is injurious to their mental health, or which, in general, hinders the free development of the personality. Sections 2(a) and 7 of Decree No. 62/98 on the measures of protection of young people at work provide that young persons under 18 years of age shall be protected against the special risks which endanger their safety, health and development due to their lack of experience, consciousness of the existing or potential risks or their incomplete development. Section 4 of Law No. 3144/2003 on social dialogue on the promotion of the employment and social protection of 8 May 2003 also provides that persons who have not reached 18 years of age are prohibited from being employed in operations, work or activities of any form which, owing to their nature or conditions of execution, may harm their health and safety and prejudice their morals. The Committee notes that resolution No. 130621 of the Minister of Labour and Social Security of 2 July 2003 on operations, works and activities prohibited to minors provides for a list of 50 types of hazardous work that shall not be performed by children under 18 years of age.

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, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, must identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken in this regard.

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 1. Penalties. The Committee notes that, according to section 323(A)(1) read in conjunction with section 351 of the Penal Code (as amended by Law No. 3064/2002 of 15 October 2002), any person who, using violence, threat or other compulsive measure or the imposition or abuse of power, retains, transfers or promotes within or outside the territory, detains, fosters, delivers with or without exchange to other persons or receives a minor from others with the purpose of removing body organs, exploiting their work, or for the purpose of sexual exploitation, is liable to a minimum of ten years’ imprisonment and a fine of 50,000 to 100,000 euros. Any person who accepts the work of a person who is under the circumstances mentioned above or intentionally makes a lecherous act against a person who is under the above circumstances shall be punished by at least six months of imprisonment (section 323(A)(3) of the Penal Code). Section 349 of the Penal Code (as amended by section 7 of Law No. 3064/2002) provides that "any person who, in order to serve the vices of other persons, promotes or urges a minor to prostitution or fosters or facilitates child prostitution is liable to a maximum of ten years’ imprisonment and a fine of 10,000 to 50,000 euros. Section 351(A) of the Penal Code (added by section 9 of Act No. 3064/2002) provides that an adult who commits a lecherous act with a minor in return for payment is liable to ten years’ imprisonment; penalties will increase depending on the age of the victim. Section 407 of the Penal Code provides that a person who is found begging is liable to a maximum of three months’ imprisonment. The Committee also observes that a person who encourages or neglects to discourage persons under his/her care from begging or delivers or supplies 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, is liable to a maximum of six months’ imprisonment or a fine (section 409 of the Penal Code).

The Committee also observes that section 18(1) of Law No. 1837/1989, read in conjunction with section 458 of the Penal Code, states that an employer who engages a young person in breach of section 2(1) (i.e. in work that is dangerous, unhealthy or injurious) is liable to a maximum of six months’ imprisonment and/or a fine. Section 18(2) of Law No. 1837 /1989 also provides that a person who supervises a young person is liable to imprisonment or a fine if he/she permits the employment of such a person in hazardous work. The Committee also observes that, according to section 18(3) of Law No. 1837 /1989, the employer who violates the provisions of the Law shall be liable to a fine of between 30,000 and 300,000 drachmas. Noting that according to section 18(4) of Law No. 1837/1989, the amount of the fine may be adjusted by a decision of the Minister of Labour, the Committee asks the Government to indicate whether the amount of the fine was reviewed recently and if so, to indicate the applicable amount.

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.

Article 8. International cooperation. The Committee observes that Greece ratified the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict in 2003, and signed in 2000 the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography in 2000, as well as the Optional Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and children, supplementing the United Nations Convention against Trans-national Organised Crime. The Committee asks the Government to provide further information on the support provided to other member States for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

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.