Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

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. Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee had noted that section 172 of the new Criminal Code deals with drug-related offences, including the production, import, export or transit of drugs, psychotropic substances and precursors. The Committee notes with interest the Government’s statement that section 172(2)(d) of the Criminal Code provides for a more severe penalty if the victim is a protected person. According to sections 127(1) and 139(1) of the Criminal Code, the definition of “protected person” includes a child, who is defined as a person under the age of 18 years.

Article 6 of the Convention. Programmes of action. The Committee had previously noted that the Government, through resolution No. 837 of 7 August 2002, had approved the National Action Plan for Children. The Committee notes the Government’s indication that the National Action Plan for Children has been extended to the years 2005–07, since its objectives and tasks require a longer term time frame. It also notes the Government’s information on the measures and legislation (Act No. 305/2005 on the Social and Legal Protection of Children and Social Curatorship) adopted with the view of increasing the protection of children and children in need of curatorship. However, the Committee notes the concern expressed by the Committee on the Rights of the Child, in its concluding observations of 10 July 2007, about the absence of assessment and evaluation of the implemented plan (CRC/C/SVK/CO/2, paragraph 13). Consequently, the Committee on the Rights of the Child recommended that the State party ensure follow-up and evaluation mechanisms for the full implementation of the National Action Plan for Children to regularly assess progress achieved and identify possible deficiencies (CRC/C/SVK/CO/2, paragraph 14). The Committee strongly urges the Government to take measures to ensure that the progress achieved by the implementation of the National Action Plan for Children is regularly assessed. It once again asks the Government to provide information on the concrete impact of these programmes on the effective elimination of the worst forms of child labour, and on the results attained.

Article 7, paragraph 1, and Part V of the report form. Penalties and application of the Convention in practice. The Committee notes the statistics dated 31 December 2006 provided by the Government on the cases detected with regard to various offences provided for in the Criminal Code. According to those statistics, 11 persons were convicted of trafficking in human beings (section 179), but none were convicted of trafficking of children (section 181). The Committee also notes that one person was convicted for the use, procuring or offering of a child for the production of pornography (section 368). Furthermore, three persons were convicted of crimes relating to the use, procuring or offering of persons for prostitution (section 367), but the Committee observes that there is no indication on whether these cases involved children or not. The Committee requests the Government to continue providing information on the application of the penalties provided for in the Criminal Code in practice which are related to the engagement of children under 18 years of age in the worst forms of child labour and, more specifically, the number and nature of infringements reported, investigations, prosecutions and convictions.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a), (b) and (e). Preventing the engagement of children in the worst forms of child labour, providing direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration, and taking account of the special situation of girls. In its previous comments, the Committee had noted that the Government was preparing the National Action Plan for Fighting Trafficking in Persons (FTP), which was to be approved by the end of 2005. It had also noted that the Government elaborated the National Action Plan for the Prevention and Elimination of Violence against Women (PEVW) for the years 2005–08. The Committee notes the Government’s statement that it has adopted 19 measures for the implementation of the National Action Plan for FTP in the years 2006 and 2007. Those measures include appointing the State Secretary of the Ministry of Interior to the position of National Coordinator for the fight against the trafficking of persons and establishing an expert group for the same purpose. Furthermore, Regulation No. 65/2006 was adopted on 28 December 2006 concerning the provision of a programme of support and protection for the victims of trafficking of human beings. The Committee also notes that, within the framework of this plan, the Council of the Government for Crime Prevention is responsible for the coordination and preparation of projects designed to prevent the trafficking of human beings, such as the projects currently being prepared in cooperation with regional coordinators of crime prevention and the International Organization for Migration that will be implemented in the regions bordering Ukraine. As for the National Action Plan for PEVW, the Committee notes the Government’s information that one of the objectives of the plan is to render assistance and protection to women who have experienced or are experiencing violence, including girls under the age of 18 years. The Government also indicates that the Ministry of Labour, Social Affairs and Family has designed a national strategy for the prevention and elimination of violence committed against women, including women who were trafficked for the purpose of sexual or economic exploitation. The Committee requests the Government to provide information on the number of children under 18 years who were effectively prevented or withdrawn from being engaged in trafficking for the purpose of sexual or labour exploitation.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee had previously noted that the Government, through resolution No. 498 of 26 May 2004, approved “the concept for the integrated education of Roma children and youth, including the development of secondary and tertiary schooling”. It had noted that the concept assumes, inter alia, the strengthening of pre-school education for the Roma children, increasing the educational level of Roma children, developing a system of educational counselling, teacher training and innovating study programmes. However, the Committee notes that the Committee on the Rights of the Child, in its concluding observations of 10 July 2007, expressed its concern that: (a) not all children from socially marginalized groups regularly attend school; and (b) efforts to adapt instruction and schools to the learning conditions of children living far from schools, particularly Roma children, have not been completed (CRC/C/SVK/CO/2, paragraph 57). The Committee therefore strongly encourages the Government to redouble its efforts to ensure that Roma children attend and stay in schools, so as to protect them from the worst forms of child labour. It requests the Government to provide information on progress made in this regard in its next report.