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

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 3. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Following its previous comments, the Committee notes with interest the Government’s information that Law No. 38 of 6 February 2006 on sexual exploitation of children, paedophilia and pornography including via the Internet has been adopted. Section 2 of this Law states that procuring children under 18 years to participate in pornographic performances constitutes an offence. The same section punishes the dissemination and the offer, even free of charge, of pornographic material. Section 4 punishes as an offence “virtual pornography”, defined as the representation of virtual images using pictures of minors or parts thereof. The Committee takes due note of this information.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee had asked the Government to provide information on measures taken to prohibit the use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs, and sanctions envisaged. The Committee notes the Government’s information that section 73 of Presidential Decree No. 309 of 1990, as modified by Legislative Decree No. 272 of 2005, punishes anyone who produces, manufactures, sells, offers, distributes, transports, trafficks with drugs or psychotropic substances. Section 80 establishes that the offence is aggravated if  the drugs or psychotropic substances are delivered to minors or if the offer of these substances takes place in the vicinities of schools or other juvenile institutions. The Committee also notes the Government’s information that section 671 of the Penal Code punishes the use of children under 18 years for begging. While noting that provisions exist that generally prohibit, inter alia, the production and trafficking of drugs, the Committee notes that they do not appear to prohibit the use, procuring or offering of a child for such activities or to impose heavier sanctions for the use of children for those activities. The Committee requests the Government to indicate whether a provision exists in the relevant legislation which prohibits persons from using, procuring or offering a child for the production and trafficking of drugs and imposes heavier sanctions for the use of children for those activities.

Clause (d). Hazardous work. In its previous comments, the Committee had noted that Law No. 977 of 1967, which prohibits employing children under 18 years in hazardous work, only apply to minors having an employment contract or engaged in an employment relationship. It had requested the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. The Committee notes the Government’s information that the relevant legislation on the prohibition of hazardous work for minors has a general scope of application, which only excludes the exceptions provided for in special legislation. Such exceptions do not concern self-employed work. The Committee takes due note of this information.

Article 6. Programmes of action. The Committee had previously noted that an inter-ministerial protocol was signed and programmes were launched to: (a) establish resource centres to combat irregular school attendance; and (b) disseminate the information collected through specific projects that illustrate the specific risks encountered by children belonging to certain communities. The Committee notes the Government’s information that, following the inter-ministerial protocol, the Ministers of Education and Social Solidarity undertook to carry out a number of educational programmes targeting: schools with risk of “scholastic dispersion” and juvenile criminality; schools in disadvantaged areas with a huge influx of foreign children; and the so-called “itinerant schools” or “street schools”. The intent of the protocol was to include these kinds of schools in the educational projects funded under Law No. 285/97. The Committee notes the Government’s information that in the second three-phase application of Law No. 285/97, 70 projects with the goal of combating school abandonment have been funded. The Committee takes due note of this information and requests the Government to continue providing information on the abovementioned educational programmes and their impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee had previously noted that the Penal Code provides for sufficiently effective and dissuasive penalties of imprisonment and fines for the offences of slavery (section 600); trafficking (section 601); commercial sexual exploitation of minors (section 600bis); pornography (600ter). It had also noted that, by virtue of section 26(1) of Law No. 977 of 1967, a person who employs a child under 18 in hazardous work shall be liable to six months’ imprisonment. The Committee notes the Government’s information that Law No. 38 of 6 February 2006 on sexual exploitation of children, paedophilia and pornography including via the Internet amends section 600bis, subsection (1) punishing the commercial sexual exploitation of minors. By virtue of this amendment, penalties are increased if the victim is younger than 16 years of age. Moreover, Law No. 38 of 2006 creates a new offence of procuring minors to participate in pornographic performances with a penalty of six to 12 years’ imprisonment and fine. That Law also empowers the courts to permanently prohibit anyone who commits these offences from being employed in schools or any public institutions attended by minors”. The Committee takes due note of this information.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. 1. Access to free basic education. The Committee notes the Government’s information that under Law No. 53/2003, which repeals Law No. 9/99, and article 38 of the Constitution, a minor is considered to have completed the cycle of compulsory education after attending compulsory education for at least eight years (i.e. from six to 14 years). It notes that Law No. 53/2003 was adopted to decrease school dropouts, lengthen the cycle of education-vocational training and open schools to the culture of work. This law establishes both the right to education and vocational training for 12 years and the duty to attend school and participate in vocational training.

2. Child pornography and commercial sexual exploitation of children. The Committee notes the Government’s information that a number of measures have been adopted to prevent and combat child pornography. In this regard, section 19 of newly adopted Law No. 38/2006 provides for the establishment of the National Centre for Combating Paedophilia and Pornography on the Internet. The Centre will collect information from public and private sources that institutionally combat pornography. Section 20 of this law provides for the establishment of an institute on child paedophilia and pornography within the Presidency of the Council of Ministers. This institute is in charge of collecting and monitoring information on pornography from various public administrations, as well as creating a net of information with the police, the courts, and others concerned. In addition, the providers of web services are required to communicate to the National Centre for Combating Paedophilia and Pornography on the Internet all relevant information on enterprises or subjects who disseminate or traffic in pornographic material. The Committee notes the Government’s information that Law No. 38 of 2006 also addresses child sexual exploitation in the framework of tourism. In particular, in order to prevent this phenomenon, tour operators have the obligation of inserting in tourist brochures the warning that offences relating to child prostitution and pornography will be prosecuted and punished by Italian law even if committed abroad.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. The Committee had previously noted that, by virtue of section 13 of the Prevention of Trafficking in Persons Act, 2003, a special programme of assistance shall be established for victims of trafficking. It notes the Government’s information that Presidential Decree No. 237 of 19 October 2005 has been adopted to implement section 13 of the Prevention of Trafficking in Persons Act, 2003. The Presidential Decree regulates the programme of assistance for victims of trafficking and its funding through the State, regions and local administrations. Section 1 of this Decree states that the programme of assistance for victims of trafficking temporarily provides them with lodging, meals, and medical assistance for their rehabilitation. The Committee notes the Government’s information that section 18 of Legislative Decree No. 286/98 provides a funded programme of rehabilitation and social integration for victims of trafficking. Under that section, 318 out of 6,871 victims of trafficking included in the social protection programmes funded by the Government from 2000 to 2005, were children under 18 years of age (6.7 per cent). The Committee also notes that, pursuant to section 18 of Law No. 286 of 1998, a hotline to combat trafficking (Numero verde antitratta) has been established in order to allow victims of trafficking to contact the project operators. From 2000 to 2003 this hotline has received 520,936 phone calls, of which 7 per cent from minors between 14 and 17 years of age. The Committee also notes the Government’s information that, with the funds provided pursuant to section 18 of Decree No. 286/98, the Ministry for Internal Affairs and the IOM have jointly undertaken a programme of action to assist foreign victims of trafficking in the repatriation to their countries of origin and provide for their social integration. Under this programme, which ended in 2004, 19 children have been repatriated. The Committee takes due note of this information. It requests the Government to continue providing information on the number of children withdrawn from trafficking and rehabilitated pursuant to section 18 of Decree No. 286/98 and Presidential Decree No. 237 of 2005.

2. Commercial sexual exploitation of children. The Committee had previously noted that two projects were launched at the regional level to provide a way out for child migrants engaged in prostitution or pornographic performances and to provide them with long-term solutions. It notes the Government’s information that these two projects – to combat child prostitution and street prostitution, respectively – have been converted to different projects directly funded by local administrations. In particular, one of the projects, which is currently being conducted in Florence, targets women victims of sexual exploitation. The principal instruments to carry out the projects are the street units and reception centres, such as places of refuge or community (case di fuga), or selected families (especially for girls under 18 years). The street units provide for counselling services on health and socio-medical issues. In the case of minors, the service must contact and alert the courts. The reception centres provide for education, protection and assistance to women and girl victims of prostitution in the period immediately following abandonment of the street. The Committee notes the Government’s information that these projects have had a positive impact based on: (i) listening to the problems of girl victims of prostitution, through the counselling service; (ii) the abandonment of the repressive policy against victims of prostitution towards a new concept of protection and social integration; and (iii) the help and assistance to girl victims of prostitution which promote the reconstruction of their individual and social personality. The Committee requests the Government to provide information on the number of children withdrawn from prostitution and rehabilitated pursuant to these programmes. It also requests the Government to continue providing information on the concrete measures taken to combat child sexual exploitation and on results achieved with regard to removing children under 18 years from commercial sexual exploitation and providing for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. Children exploited for illicit activities, including begging. The Committee notes the Government’s information that the Ministry of Internal Affairs has issued Circular No. 123/A3-3/130/3/52/2003 of 2003 on the employment of children, including foreign children, for begging. In this circular, the opportunity of collaborating with the police and social services in order to combat the phenomenon of children exploited for begging is underlined. The circular, issued on 29 December 2003, directed at public security authorities, establishes measures for the prevention and repression of the exploitation of children for begging, which is directly linked to the involvement of children (especially foreign children) in illicit activities by groups of criminals. The Committee requests the Government to continue providing information on the effective and time-bound measures adopted to protect children exploited for illicit activities, including begging, from the worst forms of child labour.

Article 8. International cooperation. Following its previous comments, the Committee notes the Government’s information that the Minister of Foreign Affairs, through the General Directorate of Cooperation to Development, provides assistance to other countries through various means to combat the worst forms of child labour. The measures adopted to this end regard the issues of elimination of poverty, children working in the street, trafficking of children, commercial sexual exploitation of children, pornography through the Internet, and compulsory conscription of children for use in armed conflict. With regard to the issue of trafficking and commercial sexual exploitation of children, the Italian Government has contributed to the funding of projects in the Balkan region (Albania: protecting children from illegal emigration); in Africa (Côte d’Ivoire, Mali and Nigeria); in Central America (Dominican Republic and Caribbean area); and Asia. The Committee also notes with interest the Government’s information that on 19 June 2003 it signed with Romania a Protocol of collaboration between Bucharest and Turin on the repatriation of Romanian minor victims of trafficking and exploitation. With regard to programmes to combat the use of children in armed conflict, the Committee notes the Government’s information that it provided funds to international organizations and NGOs for projects in Africa (Eritrea), in the Balkan region, in Bosnia and Herzegovina, and in South America (Colombia). Finally, regarding poverty alleviation programmes, the Committee notes the Government’s information that it funded a number of alimentary and educational programmes, especially in Africa.

Part III of the report form. The Committee notes the Government’s information that the Tribunal of Piacenza issued two judgments regarding the use of children for begging (section 671 of the Penal Code). In both cases the offenders were condemned to two months’ imprisonment. Another decision by the same Tribunal concerned child pornography (a penalty of two years and 11 months’ imprisonment and to a fine of 800 euros). Moreover, the Tribunal of Pordenone issued ten decisions regarding the possession of child pornographic material (section 604quater of the Penal Code). The offenders were ordered to payment of a fine.

Parts IV and V of the report form. Practical application of the Convention. The Committee notes the Government’s information that, with regard to child labour inspections, in 2005 a total number of 1,987 children have been found working irregularly. In this context, 34 violations concern the employment of children in hazardous work. It notes the Government’s information that the investigative activity of the police of post and communications, which is the authority in charge of monitoring child pornography on the Web, has progressively increased from 1998 to the first semester of 2005. In particular, from 1998, 209,566 web sites have been monitored. As a result of this monitoring, 152 Italian web sites were subjected to inspection and 9,520 warnings were directed towards foreign investigative authorities. Furthermore, 3,113 persons have been denounced in Italy and 146 arrested. The Committee notes the comprehensive “judicial statistics” provided by the Government with regard to the number of child victims of the offence of slavery and trafficking from 2001 to 2003, as well as the number of offences regarding child prostitution and pornography from 1998 to 2003. In particular, it notes that the number of offences concerning child pornography has registered the highest level in 2001 (1,767 offences) and has progressively decreased in 2002 and 2003. The Committee takes due note of this information and requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number and nature of infringements, investigations, prosecutions and convictions.