Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 6 of the Convention. Programmes of action. 1. National Action Plan for Children. Following its previous comments, the Committee notes the Government’s statement that the Committee of Ministers for Children which was established by the Government to monitor the implementation as well as to elaborate and update the National Action Plan 2009–12 (NAP 2009–12) was abolished and a new Committee for Children and Youth (CCY) has been established. The Committee notes the Government’s information that the NAP 2009–12 was based on the commitments arising from the United Nations Convention on the Rights of the Child and Convention No. 182.

In this respect, the Committee notes from the NAP 2009–12 document that the activities within the framework of this NAP was divided into seven thematic areas and includes special protective measures for children as well as measures for education. It also notes from the NAP 2009–12 document that within the framework of the NAP for 2002–07, several policies were developed relating to the establishment of school meal facilities, and the education of ethnic minorities as well as Roma children and pupils, including the development of secondary and higher education. The Committee further notes the Government’s statement that the Committee for Children and Youth prepared a National Action Plan for Children for the period 2013–17 (NAP 2013–17) which was approved by the Government through Resolution No. 276 of June 2013. The Committee requests the Government to provide information on the specific measures taken or envisaged within the framework of the NAP 2013–17 with respect to the effective elimination of the worst forms of child labour and on the concrete results achieved.

2. National Programme to Combat Human Trafficking 2011–14. The Committee had previously noted the indication in the Government’s report to the UN Human Rights Council pursuant to the Universal Periodic Review of 5 May 2009 (UPR Report) that human trafficking was a serious issue in Slovakia, and that the country was primarily a source country. The Government further indicated in the UPR Report that the incidence of trafficking was rising, and stated that trafficking for the purpose of sexual exploitation often involves minors (A/HRC/WG.6/5/SVK/1, paragraph 82).

The Committee notes from the Government’s written replies to the Committee on the Rights of the Child concerning the Optional Protocol on the sale of children, child prostitution and child pornography (CRC/C/OPSC/SVK/Q/1/Add.1, 5 December 2012) (replies to the CRC on Child Prostitution and Child Pornography (OPSC)) that a Human Trafficking Information System was elaborated in February 2013, which gathers data and information related to minors. The Government also indicates that anti-trafficking measures and awareness-raising campaigns on the problems related to human trafficking were initiated by the Ministry of Labour, Social Affairs and Family. The Committee further notes the information contained in the Government’s replies to the CRC on the OPSC that the General Prosecutor of the Slovak Republic organizes at regular intervals seminars for prosecutors, specialists in the field of psychology as well as for experts from crisis centres working with child victims of trafficking on identifying the victims of trafficking and on ensuring care and assistance to the victims of trafficking. The Committee finally notes from the Government’s replies to the CRC on the OPSC that a National Programme to Combat Human Trafficking 2011–14 that coordinates the activities of all the bodies working to eliminate or prevent trafficking was approved by government Resolution No. 96 dated 16 February 2011. The Committee requests the Government to provide information on the concrete measures taken within the framework of the National Programme to Combat Human Trafficking (2011–14) to prevent and eliminate trafficking of children. It also requests the Government to provide statistical information on the trafficking of minors compiled by the Human Trafficking Information System.

Article 7(1) and Part V of the report form. Penalties and application of the Convention in practice. Following its previous comments, the Committee notes the statistical information in the Government’s report from the Ministry of Justice which indicates that, in 2012, one person was convicted pursuant to section 181 of the Criminal Code, for the trafficking of children. The Government’s report also indicates that in 2012, seven persons were convicted pursuant to section 367 of the Criminal Code for pimping, three persons were convicted pursuant to section 368 for the production of child pornography, five persons were convicted pursuant to section 369 for the dissemination of child pornography, and nine persons were convicted under section 370 of the Criminal Code for the possession of child pornography. The Committee, however, observes that the Government’s report does not indicate the sentences imposed for the persons convicted for the offences under the Criminal Code. The Committee, therefore, requests the Government to provide information on the sentences imposed on persons convicted for the offences under the Criminal Code, in particular the trafficking of children under section 181 of the Criminal Code. It also requests the Government to continue providing information on the application of sections 367, 368, 369 and 370 of the Criminal Code, and the penalties applied.

Article 7(2). Effective and time-bound measures. Clause (b). Providing direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking. The Committee notes from the Government’s replies to the CRC on the OPSC that the national helpline established since 2008 is primarily intended for providing preventive information prior to travelling abroad as well as for making the first contact with the potential victim of human trafficking. The Committee further notes the Government’s information that in 2012, the Ministry of Interior expanded the Programme for the Support and Protection of Victims of Human Trafficking. Within the framework of this programme, victims of human trafficking are provided with temporary safe housing, social assistance, legal assistance, health care and psychological care. According to the Government’s report, 31 adults and one child participated in this programme in 2012. The Committee requests the Government to provide information on the number of children under the age of 18 years who have been removed from this worst form of child labour, and the number of child victims of trafficking who haves benefited from the Programme for the Support and Protection of Victims of Human Trafficking.

Clause (d). Identifying and reaching out to children at special risk. Roma children. Following its previous comments, the Committee notes the detailed information provided by the Government on the various measures taken and envisaged for the inclusion of the Roma community. The Committee notes the Government’s information that the Government approved the Strategy for Integrated Education of Roma Children and Youth including high school and university education by Resolution No. 206/2008; and the Revised National Action Plan for the Decade of Roma Community Inclusion 2005–15 for the period of 2011–15 by Resolution No. 255/2011. The action plans developed within the Revised National Action Plan of 2011–15 focus on four priority areas such as: education, employment, health and housing.

Moreover, the Committee notes the Government’s information that the Slovak Government, in collaboration with the Office of the Plenipotentiary of the Government for the Roma Community, the World Bank, the UNDP, the Open Society Foundation, the Association of Cities and Municipalities of the Slovak Republic and various non-governmental organizations developed the “Strategy for the Integration of Roma up to 2020” (Strategy 2020) with a commitment to significantly support processes leading to the social and economic inclusion of Roma communities. The Committee, however, notes from the Government’s report the various difficulties arising with regard to the education of Roma children, such as the shortage of teachers skilled in Romani language. Moreover, the gap in the formal educational level of Roma population compared to the majority population is tremendous. It further notes the Government’s information that a study conducted by the Roma Education Fund in 2009 highlighted the fact that up to 60 per cent of all students in special schools are Roma from the marginalized Roma communities and in special classes in regular elementary schools more than 86 per cent of all students come from the marginalized Roma communities. In this regard, the Committee notes from the Government’s report that the Strategy 2020 aims to adopt the following measures to improve access to education of Roma children:

• ■ Adopt policies that will bridge gaps in the educational level of Roma and the rest of the population: by increasing the participation of students from the marginalized Roma communities and students from a socially disadvantaged environment in pre-primary education from approximately 18 per cent to 50 per cent by 2020;
• ■ Improve motivation, school results and attendance of Roma children in elementary schools: by ensuring the availability of qualified and diverse educational programmes focused on supporting the individualized needs of the student, and to increase the inclusiveness of the education system;
• ■ Improve the care of pedagogical staff and increase the proportion of teachers and specialists fluent in Romani;
• ■ Address problematic issues of education and upbringing in special schools and school facilities, including school consultancy and prevention services; create specific models of school inclusion for all types of disadvantaged children.

However, the Committee also notes that the Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations of 17 April 2013, expressed concern that, despite the various measures adopted by the Government to ensure equal access to quality education for Roma children, the de facto segregation of Roma children in education continues (CERD/C/SVK/CO/9-10, paragraph 11). The CERD further expressed concern at the information that Roma children are dramatically overrepresented in “special” classes and “special” schools for children with intellectual disability. The Committee, therefore, requests the Government to strengthen its efforts to facilitate access to education of children in the Roma community so as to prevent them from engaging in the worst forms of child labour. In this regard, the Committee requests the Government to ensure the effective implementation of the provisions of the Strategy for the Integration of Roma up to 2020 and the revised National Action Plan for the Decade of Roma Inclusion 2011–15. It also requests the Government to provide information on the results achieved through these measures, particularly with respect to increasing the school enrolment and completion rates and reducing school drop-out rates of Roma children.