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

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. Following its previous comments, the Committee notes the Government’s information that amendments were made to the Criminal Code in July 2010 to establish stronger penalties of imprisonment ranging from two years to a maximum of ten years for the offence of trafficking in children. It also notes the Government’s indication that it has ratified the European Convention against Trafficking in Human Beings which entered into force in Sweden in September 2010. The Committee notes, however, that according to a report entitled “2011 Trafficking in Persons Report-Sweden” (Trafficking Report of 2011) available on the website of the United Nations High Commissioner for Refugees, Sweden is a destination, source and, to a lesser extent, a transit country for women and children subjected to sex trafficking. The Trafficking Report of 2011 states that one third of the foreign victims of sex trafficking identified in 2010 were children and that about 2,400 children who arrived in Sweden in 2010, primarily from Afghanistan and Somalia, were vulnerable to human trafficking. According to the Trafficking Report of 2011, the judiciary continued to award light sentences for trafficking in persons offences, including in cases involving very aggravated circumstances. The Committee requests the Government to provide information on the practical application of the newly amended provisions of the Criminal Code which introduce stricter penalties for the offences related to trafficking of children. In this regard, it requests the Government to take the necessary steps to ensure that thorough investigations and robust prosecutions of persons who engage in the sale and trafficking of children are carried out and that sufficiently effective and dissuasive penalties are imposed in practice, in accordance with the national legislation in force.

Article 4(3). Periodic review of the list of the types of hazardous work. The Committee had noted the Government’s indication since 2004 that the annexes to the Provisions of the National Board of Occupational Safety and Health on Minors at Work of 1996, that lists the types of hazardous work prohibited for minors, would be reviewed soon. Noting the absence of information in the Government’s report, the Committee requests the Government to indicate any progress made in this regard. It also requests the Government to supply a copy of the updated list of hazardous types of work prohibited to minors under 18, as soon as it has been adopted.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Action Plan to Combat Prostitution and Trafficking 2008 (NAP of 2008). Following its previous comments, the Committee notes the Government’s statement that the NAP of 2008 focuses on protection and assistance, including shelter and medical assistance to persons vulnerable to or exposed to prostitution and trafficking. It also notes from the Government’s report the following measures targeting children and young people that have been undertaken to implement the NAP of 2008:

• – The National Board of Health and Social Welfare in collaboration with UNICEF developed a publication, entitled “Could it be trafficking” containing guideline for government agencies and other organizations on how to detect and help children who are subject to trafficking. In this regard, several regional training seminars with representatives from the police department, social services, health care sector, the Migration Board and the prosecution authority have been conducted.
• – The National Board of Youth Affairs conducted training programmes on the risk of sexual exploitation of young people for professionals working with children and young people and a handbook/training material was developed in this regard.
• – The Children’s Welfare Foundation has promoted and managed a network for professionals in the health care sector, social services and those working in the shelter who assist child victims of sexual exploitation and trafficking.
• – The National Board of Institutional Care developed methods for enhanced care for young people in institutional care who are or run the risk of becoming victims of prostitution or trafficking.

Finally, the Committee notes the Government’s information that the County Administrative Board who was commissioned to develop rehabilitation programmes for victims of prostitution and trafficking, developed programmes to meet the individual needs of the victims of trafficking, including for their safe return to their home countries.

Article 8. International cooperation and assistance. Child sex tourism. The Committee previously noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 12 June 2009, had expressed concern at the limited information available on investigations, prosecutions, and punishment of Swedish citizens involved in the sexual exploitation of children abroad, at the lack of data on the number of Swedish citizens engaged in this practice, and at the absence of any measures to prohibit the reissuing of passports to persons freed after posting bail (CRC/C/SWE/CO/4, paragraph 68).

The Committee notes the Government’s indication that the Sexual Offences Commission of 2008 has submitted a report proposing certain amendments, including more severe penalties for the sexual exploitation of children, and the abolition of the requirement of double criminality for prosecution of the offences related to the sexual exploitation of children. The Committee notes the Government’s statement that a Bill concerning the above provisions is being planned for the spring 2012. The Committee notes from the Trafficking Report of 2011 that child sex tourism offences committed by Swedish nationals travelling abroad remain a problem and an estimated 4,000 to 5,000 acts of child sex exploitation by Swedish citizens travelling abroad is being reported annually. The Committee requests the Government to strengthen its efforts to combat the phenomenon of child sex tourism, by taking measures to prosecute offenders of these crimes upon their return to Sweden, and to increase cooperation with actors in the tourist industry. The Committee further express the hope that the Government will take the necessary measures to ensure the enactment of the Bill abolishing the requirements of double criminality for prosecution of the offences related to the sexual exploitation of children abroad as soon as possible. It requests the Government to provide information on the progress made in this regard.

Part V of the report form. Application of the Convention in practice. The Committee notes the statistical information on the number of reported offences involving children provided by the Government in its written replies of 14 September 2011, to the list of issues of the CRC, in connection with the consideration of its initial report to the Optional Protocol to the Convention on the Rights of the Child on the sale of Children, child prostitution and child pornography (CRC/C/OPSC/SWE/Q/1/Add.2). According to these data, from the 16 cases of trafficking in children reported in 2009, five persons were prosecuted, and from the 29 cases of trafficking in children reported in 2010, 14 persons were prosecuted. Furthermore, in 2009, 150 cases of the purchase of sexual acts from children were reported, out of which 51 persons were prosecuted, and 32 persons were convicted; while in 2010, 233 cases of purchase of sexual acts from children were reported, of which, 73 persons were prosecuted and 31 persons were convicted. Likewise, in 2009, 93 cases of child pornography were reported, of which 24 persons were prosecuted, while in 2010, 91 cases were reported, of which, 23 persons were prosecuted. The number of reported cases of internet related child pornography amounted to 252 cases in 2009 of which 60 persons were prosecuted, while out of the 299 cases reported in 2010, 96 persons were prosecuted. The report also states that in 2009, 55 persons were convicted for the offences related to child pornography and internet-based child pornography, and 87 persons were convicted in 2010. The Committee requests the Government to continue to ensure in practice, the protection of children under 18 years of age from the worst forms of child labour, in particular prostitution and pornography, including internet-related child pornography. It also requests the Government to continue providing information on the number and nature of infringements reported related to the worst forms of child labour, and investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, the information provided should be disaggregated by age and sex.