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

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

The Committee notes the communication of 4 September 2013 from the General Union of Workers (UGT) and the report from the Government.

Article 7(2) of the Convention. 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 commercial sexual exploitation. The Committee previously noted the adoption of the third National plan to combat the sexual exploitation of children and young persons (2010–13) (PESI III), which 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 victims.

The Committee takes due note of numerous measures described in the Government’s report for combating the trafficking and sexual exploitation of children and young persons. It notes, in particular, that awareness-raising campaigns for preventing sex tourism and sexual violence against children have been organized and training programmes for the hotel business have been funded, which have led to the adoption of a code of conduct in the tourism sector. Moreover, the Government indicates that a working party on children’s affairs has been set up within the Social Forum against Trafficking in order to coordinate actions provided for in PESI III. The working party is coordinated by the Office of the Deputy Director for Children’s Affairs at the Ministry of Health, Social Services and Equality (MSSI) and includes the participation of non-governmental organizations (NGOs), representatives of the autonomous communities and the ministries concerned. In this context, a framework protocol for the protection of trafficking victims was adopted in October 2011, with a view to promoting coordination and establishing procedures for interaction among the various administrations concerned. Regarding the number of children who have benefited from protection and reintegration measures, the Government’s report indicates that 12,235 protection measures were adopted by the public bodies responsible for the protection of young persons in the autonomous communities in 2011 with regard to cases of sexual abuse, sexual exploitation or ill-treatment of children. Finally, the Committee notes that in 2013, an anti-trafficking unit was set up at the Ministry of the Interior and an operational plan against the trafficking of persons for sexual exploitation was adopted.

The Committee notes, however, that according to the 2012 study published by the Ombudsman relating to human trafficking in Spain, despite major efforts by the Government to combat this practice, there are significant gaps in the recording of data relating to foreign children intercepted at borders. The latter are not automatically registered in police databases, which prevents the child protection services from being aware of their presence on the territory and from detecting children who are potential victims of trafficking (page 124). The study recommends that young persons intercepted at borders who have no legal identity documents should be automatically registered in a database used jointly by the police and the child protection services (page 284). The Committee encourages the Government to pursue its efforts to protect young persons under 18 years of age, particularly migrant children, against trafficking for sexual exploitation or forced labour and against commercial sexual exploitation, taking account of the recommendations of the 2012 study published by the Ombudsman. It requests the Government to supply information on the results achieved further to the various measures adopted to promote coordination among the various services concerned.

Clause (d). Children at special risk. Migrant children and unaccompanied minors. The Committee previously noted the adoption of a Strategic Plan for Citizenship and Integration (2007–10), which aimed, among other things, to guarantee access to mandatory education for migrant children and to facilitate their integration into the education system. It asked the Government to provide information on the measures taken and the results achieved in the context of the Plan.

The Committee notes the observations from the UGT to the effect that the second phase of the Strategic Plan for Citizenship and Integration (2011–14) has still not been implemented in practice. According to the UGT, the plan has not evolved in practical terms since 2012 and has not been the subject of monitoring or evaluation. The UGT also indicates that, despite the reduction in financing since 2008 for the Assistance Fund for the Welcome and Integration of Immigrants, the Fund has never been assigned the task of financing health care and education for the foreign population. The Committee observes that the Government’s report reproduces the information from the UGT in this respect and does not provide any new information.

The Committee notes that the Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 6 June 2012, expressed concern at the reduction in effective protection levels resulting from the austerity measures adopted by Spain, which has had a disproportionate impact on the exercise of the rights of migrant children and asylum seekers (E/C.12/ESP/CO/5, paragraph 8). It observes that the CESCR also noted with concern that education has been one of the sectors most affected by budgetary restrictions (paragraph 27). Considering that migrant children are particularly exposed to the worst forms of child labour, the Committee requests the Government to intensify its efforts to protect children from the worst forms of child labour, particularly by ensuring their integration into the education system. It requests the Government to provide information on the measures taken and the results achieved in this respect in its next report.

The Committee is raising other points in a request addressed directly to the Government.