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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Spain (Ratification: 2001)

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (b). Sale and trafficking of children; use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances. Further to its previous comments, the Committee takes due note of the adoption of the Organic Law No. 5/2010 of 22 June 2010, amending the Penal Code. It notes with satisfaction that a new provision punishes persons involved in the sale and trafficking of children and young people under 18 years of age for purposes of forced labour or sexual exploitation on Spanish territory or bound for Spain, to prison sentences of from five to eight years (section 177bis). It also notes that section 187 now imposes a harsher sentence on persons promoting or facilitating the prostitution of persons under 18 years of age, as well as on the clients of this prostitution (one to five years’ imprisonment), and provides for a harsher sentence when the victim is under 13 years of age (four to six years’ imprisonment). Furthermore, it notes that, under section 189, as amended, persons using under-age children for the production of pornography or for pornographic performances, or who produce, sell, distribute, offer or facilitate the production, sale or distribution of pornography involving minors shall be punished by a prison sentence ranging from one to five years and from five to nine years when the victim is under 13 years of age. The Committee requests the Government to provide information on the application of sections 177bis, 187 and 189 of the Penal Code in practice, by providing, in particular, statistics on the number of prosecutions, convictions and penalties imposed under these provisions.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing children from being employed in the worst forms of child labour, removing them from such labour and ensuring their rehabilitation and social integration. Trafficking and sexual exploitation for commercial purposes. Following its previous comments, the Committee takes due note of the information provided by the Government on the adoption of the third National Plan to combat the sexual exploitation of children and young persons (2010–13). It notes that this third National Plan takes up the main proposals that emerged from the evaluation of the second National Plan (2006–09), and takes account of the legislative amendments introduced into the Penal Code with respect to the sale and trafficking of children, child prostitution and pornography. It observes that this Plan provides for awareness-raising campaigns on the subject of sexual exploitation and sex tourism involving children, the improvement of detection systems and offender reporting systems, and the introduction of specific mechanisms to take care of the victims. The Committee also notes the Government’s indication that, since its adoption by the Council of Ministers in December 2008, the Comprehensive Plan against the trafficking of persons for sexual and commercial exploitation has become the major planning tool for dealing with trafficking for sexual commercial purposes. The Committee encourages the Government to pursue its efforts and requests it to continue providing information on the implementation of the third National Plan to combat the sexual exploitation of children and young persons, with respect to the number of children who have effectively been withdrawn from these worst types of labour and who have benefitted from rehabilitation measures and social integration.

Clause (d). Children at special risk. 1. Children of migrant families. Further to its previous comments, the Committee notes that, according to the Government, action programmes to provide educational support to families in a situation of social vulnerability and exclusion – including migrant families with school-age children – are considered to be a priority. Furthermore, the Committee notes that the Committee on the Rights of the Child, in its concluding observations on 3 November 2010 (CRC/C/ESP/CO/3-4, paragraph 25), welcomed the approval of a Strategic Plan for Citizenship and Integration (2007–10), aimed at guaranteeing access to migrant students to mandatory education and which facilitates integration in the educational system. The Committee requests the Government to provide information on the measures taken and results obtained within the framework of the Strategic Plan for Citizenship and Integration to guarantee the access of migrant children to compulsory schooling and facilitate their integration in the educational system.

2. Roma children. Further to its previous comments, the Committee takes due note of the adoption of the Plan of Action for the Development of the Gypsy Community (2010–12). It notes that various measures aimed at improving children’s access to education and retaining children in the school system are envisaged under this National Action Plan. The Committee nevertheless notes that the Committee on the Elimination of Racial Discrimination, in its concluding observations on 8 April 2011 (CERD/C/ESP/CO/18-20, paragraph 16), noted with satisfaction that the Government was continuing to adopt measures to improve the general situation of gypsies, but it was concerned by the difficulties still facing gypsy girls with regard to education. The Committee requests the Government to provide information on the measures taken and the results obtained, within the framework of the Plan of Action for the Development of the Gypsy Community, to guarantee the access to education of Roma children, paying particular attention to girls.

Parts IV and V of the report form. Application of the Convention in practice. Further to its previous comments, the Committee notes the statistics contained in the Government’s report on the inspection activities relating to child labour which took place between 2009 and 2010. It notes that almost 700,000 inspection visits were made, and 38 offences for violations of the provisions on minimum age and 26 offences for violations of the provisions on the types of work prohibited to under-age children for reasons of occupational safety and health were reported during these two years. The Committee also notes that during the joint visits conducted by the labour inspection services at the provincial level and the national security forces between 2009 and 2010, 12 persons under 18 years of age were found to be the victims of sexual exploitation or forced labour.