Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the information contained in the Government’s report. It notes in particular the adoption, on 7 September 2004, of Act No. 17,823 issuing the Children and Young Persons Code (hereinafter the Children and Young Persons Code).

Article 2, paragraph 1, of the Convention. 1. Minimum age for admission to employment or work. In its previous comments, the Committee noted a divergence between the 1934 Code of the Child, which sets the minimum age for admission to employment or work at 14 years, and Decree No. 852/971 of 16 December 1971, which establishes the minimum age for admission to employment or work at 15 years, in accordance with the age specified when the Convention was ratified. The Committee considered that, in order to avoid any ambiguity in the law, it was necessary for specific measures to be taken to harmonize the national legislation with the provisions of the Convention. The Committee notes with interest that section 162 of the new Children and Young Persons Code sets the minimum age for admission to employment or work at 15 years in all economic sectors. It also notes that, under section 224 of the new Code, the 1934 Code of the Child, including its amendments and any legal provisions contrary to the new Code, are repealed.

2. Age of admission to forestry work. In its previous comments, the Committee requested the Government to indicate the age from which young persons under 18 years of age may be authorized to work in the forestry sector and to provide further information on the nature of the work authorized for young persons under 18 years of age in this sector. In its report, the Government indicates that the age for admission to work in the forestry sector is 15 years. It adds that, in accordance with Decree No. 372/99 governing conditions of work in the forestry sector, the Institute for Children and Young Persons does not authorize work by young persons aged 15 years for all the activities performed in timber harvesting areas. Permits are issued for work in tree nurseries, with a strict prohibition on the handling of agrochemicals, the planting of saplings and work as assistants.

Article 3, paragraphs 1 and 3. Age of admission for employment in hazardous work. The Committee notes that section 163(1) of the Children and Young Persons Code provides that the State shall protect children (persons aged between 0 and 13 years) and young persons (persons aged between 13 and 18 years) from economic exploitation and the performance of any type of work which is hazardous or harmful to their health or their physical, spiritual, moral or social development. It also notes that, under the terms of section 163(2), any type of work is prohibited which does not allow young persons to spend good time in their family and which impedes their training. The Committee further notes that section 242 of the 1934 Code of the Child, which allowed work by young persons aged between 16 and 18 years in hazardous types of work, has been repealed by the new Code.

Article 3, paragraph 2. Determination of hazardous types of work. The Committee notes that, under section 164(1) of the new Children and Young Persons Code, the National Institute for Young Persons shall establish as a priority a list of activities that are hazardous to the health and the physical, spiritual and moral development of young persons and which are prohibited irrespective of the age of the person who wishes to work or is currently performing a job. It also notes that, under section 164(2), the National Institute for Young Persons, in cases where there is a presumption that conditions of work are such as to be hazardous or harmful to the health or the physical, spiritual or moral development of young persons, shall request the General Labour and Social Security Inspectorate to issue an opinion, within 20 days, concerning the hazardous or harmful nature of the activity.

With regard to the determination of hazardous types of work, the Committee notes the Government’s indication that a subcommission of the National Committee for the Elimination of Child Labour is currently preparing a list. It requests the Government to supply the list of hazardous types of work as soon as it has been formulated.

Article 7. Light work. In its previous comments, the Committee noted that under section 1 of Decree No. 852/971 of 16 December 1971 and sections 224 and 225 of the 1934 Code of the Child, the Council for the Child may authorize work by minors between the age of 12 and 15 years on an exceptional basis, provided that the work does not endanger their life, health or morals and that it is carried on in industrial enterprises in which only the members of the same family are employed. It requested the Government to take the necessary measures to bring the national laws and regulations into conformity with the Convention by permitting employment in light work only by young persons who have reached the age of 13 years. The Committee notes that, under the terms of section 165 of the Children and Young Persons Code, children and young persons between 13 and 15 years of age may only perform light work which, by its nature and the conditions in which it is performed, is not harmful to their physical, mental and social development or their attendance at school. The Committee requests the Government to indicate whether Decree No. 852/971 of 16 December 1971 still regulates conditions of employment in light work.

Article 8. Artistic performances. In its previous comments, the Committee noted that the 1934 Code of the Child regulated artistic performances. It also noted that the new Children and Young Persons Code was to contain provisions allowing exemptions from the specified minimum age for admission to employment or work for the purpose of participation in activities such as artistic performances. The Committee notes the Government’s indication that, in view of the difficulty of their application, the provisions on artistic performances contained in the former Code are not included in the new Code. The Committee would be grateful if the Government would indicate whether in practice children participate in activities such as artistic performances and specify the types of activities performed in this connection.

Part V of the report form. Application of the Convention in practice. The Committee previously noted statistical data according to which 3.2 per cent of the population aged between 11 and 13 years and 17.6 per cent of those aged between 14 and 17 years are engaged in work. It requested the Government to continue supplying information on the manner in which the Convention is applied in practice and to provide information on education. In this respect, the Committee notes the Government’s statement that in 2006 the National Statistical Institute will conduct a household survey which will cover, among other subjects, child labour and rural communities of under 5,000 inhabitants, which will provide information on rural areas. The Committee requests the Government to provide a copy of the survey as soon as it is completed, as well as information on the application of the Convention in practice, including for example statistical data on the employment of children and young persons, particularly in the agricultural sector, extracts from the reports of the inspection services and information on the number and nature of contraventions reported. It also requests the Government to provide information on education, particularly statistics on school attendance and drop-out rates.