Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Hungary (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution or for the production of pornography or pornographic performances. Following its previous comments, the Committee notes the extracts of the Criminal Code (Act XXVII), as amended by Act XXVII on amending the Criminal Code of 2007, included in the Government’s report. The Committee notes with interest that, pursuant to these amendments, section 202/A of the Criminal Code prohibits sexual intercourse with a person under the age of 18 in exchange for money or other forms of remuneration (punishable by up to three years’ imprisonment), and section 204 prohibits making, distributing, trading and possessing pornographic material involving a person under 18, in addition to prohibiting the use of a person under 18 in pornographic shows.

Article 5. Monitoring mechanisms. Trafficking. The Committee previously noted that eight persons were convicted of child trafficking in 2006 and 2007. It requested the Government to continue to provide information on the investigations carried out by the police related to the trafficking of children.

The Committee notes the Government’s statement that there have been no registered cases of the trafficking of children during the reporting period. However, the Committee notes that the United Nations Human Rights Committee, in its concluding observations in connection with the International Covenant on Civil and Political Rights of 16 November 2010, expressed concern at the lack of data on trafficking in persons despite reports of persistent trafficking of women and girls for sexual exploitation and domestic servitude (CCPR/C/HUN/CO/5, paragraph 12). The Committee also notes that the Committee on the Elimination of Discrimination Against Women (CEDAW), in its concluding observations of 10 August 2007, expressed concern at the persistence of trafficking in women and girls in Hungary (CEDAW/C/HUN/CO/6 paragraph 22). Therefore, while noting the Government’s indication that no child trafficking cases have been registered, the Committee observes that the trafficking of girls appears to be a problem in practice. The Committee accordingly urges the Government to take the necessary measures to strengthen the capacity of the law enforcement bodies responsible for detecting and combating the trafficking of children and to ensure that thorough investigations and robust prosecutions are carried out for persons who engage in this offence. It requests the Government to provide information on the impact of the measures taken in this regard, particularly the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied relating to the trafficking of persons under 18 years.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee previously noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 17 March 2006, expressed concern that Roma children have a high drop-out rate from school, despite the fact that education is compulsory and free until the age of 18 (CRC/C/HUN/CO/2, paragraph 62). The Committee also noted that Roma women and children are particularly vulnerable to trafficking for the purpose of prostitution. It requested information on measures adopted to address this issue.

The Committee notes the copy of the Government Action Plan for 2008–09 on the Decade of Roma Inclusion Programme (adopted by Decision No. 1105/2007 (XII.27)) included with the Government’s report. The Committee notes that this Action Plan comprises tasks in the field of education, employment, access to health care, housing, equal treatment and non-discrimination. The Action Plan includes initiatives to reduce drop-outs (including a project aimed at reaching out to 500 Roma children), to provide in-school meal plans, to promote desegregation in schools, to assist 1,300 Roma children prepare for examinations and to improve the capacity of teachers to teach the Romani and Beas languages in schools. The Committee further notes the information in the Government’s report that, in 2010, the Ministry of Social Affairs and Labour established a scholarship fund of 315 million forints (approximately US$1.5 million) to help Hungarian Roma students pursue their studies.

While taking due note of these measures, the Committee also notes that that the Committee on Economic and Social Rights (CESCR), in its concluding observations of 16 January 2008, expressed concern about the high number of Roma children segregated in separate schools, and at the high drop-out rate among Roma students at the secondary level (E/C.12/HUN/CO/3, paragraph 27). The Committee also notes that the UN Human Rights Committee, in its concluding observations of 16 November 2010, took due note of the adoption of the parliamentary resolution on the Decade of Roma Inclusion, but nonetheless expressed concern at the widespread discrimination and exclusion of the Roma in various fields such as education, housing and health (CCPR/C/HUN/CO/5, paragraphs 3 and 20). The Committee, therefore, requests the Government to pursue its efforts, within the framework of the Decade of Roma Inclusion Programme, to protect Roma children from the worst forms of child labour, particularly through initiatives to facilitate their access to education. It requests the Government to provide information on the impact of the measures taken in this respect, particularly with regard to increasing school attendance and completion rates and decreasing school drop-out rates among Roma children.

Part V of the report form. Practical application of the Convention. Following its previous comments, the Committee notes the detailed information in the Government’s report from the Hungarian Occupational Safety and Health and Labour Inspectorate on cases of violations related to young persons, and notes the Government’s statement that the overwhelming majority of these cases do not relate to the worst forms of child labour. The Government indicates that, of the 45 cases of violations detected, two cases (involving four young persons) related to young persons performing work with detrimental consequences and four cases (involving seven young persons) related to young persons working at night or working for more than eight hours.

The Committee also notes the Government’s statement that there have been no recorded criminal cases of the forced labour of minors or the trafficking of children. The Government also indicates that the Victim Support System has thus far only provided services to victims who are adults. Nonetheless, the Committee notes that the CESCR, in its concluding observations of 16 January 2008, expressed concern that that the number of women and girls trafficked to, from, and through Hungary is not adequately documented (E/C.12/HUN/CO/3, paragraph 20). The Committee, therefore, requests the Government to take the necessary measures to ensure that sufficient data on the worst forms of child labour is available, particularly with respect to the application of Article 3(a)–(c) of the Convention. In this regard, the Committee requests the Government to provide information on the nature, extent and trends of these worst 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 and age.