Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Articles 5 and 7(1) of the Convention. Monitoring mechanisms and penalties. 1. Labour inspectorate. Following its previous comments, the Committee notes the information provided by the Government in its report under the Minimum Age Convention, 1973 (No. 138), that the labour inspectors visit enterprises with the aim of conducting inspections of legal relations as well as to carry out targeted inspections of working conditions of minors. The Government’s report indicates that during the period from 2010 to 2013, investigations concerning minors were conducted in 79 enterprises, of which 67 infringements were identified. Most of these violations related to working hours, rest periods and holidays, and overtime. In addition, seven violations were related to the employment of young persons in hazardous work, such as work in bars and breweries, work in the garden using dangerous machines and lifting heavy weights. Misdemeanour procedures were initiated in 21 cases in relation to the violation of the Employment Contracts Act, and in 14 cases, sanctions amounting to a total of €8,030 were imposed.

2. Police. The Committee notes from the Government’s report that out of the 243 crimes registered during the period from 2011 to 2013, 152 cases related to the production of child pornography and making it available (section 178 of the Penal Code), 24 cases related to trafficking of minors for prostitution (section 175 of the Penal Code) and 23 cases related to procuring or offering a child for sexual purposes (section 178(1) of the Penal Code). The Committee requests the Government to provide information on the number of persons prosecuted and the specific penalties imposed for the crimes related to the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s statement that the Action Plan for Combating Trafficking in Children 2007–10 has been successfully implemented which also led to major legislative amendments in the fight against trafficking in persons as well as protection and support to victims of trafficking in persons. Major amendments to the Penal Code, which came into force in December 2013, included criminalizing the purchase of sex from a minor (section 145(1)), supporting human trafficking (section 133(1)), pimping (section 133(2)), aiding prostitution (section 133(3)), and causing a minor to commence or continue the commission of a criminal offence (section 175). The Committee also notes from the Government’s report that the Ministry of Justice’s Development Plan for 2012, which focuses mainly on preventing trafficking in persons and providing assistance to persons affected by trafficking, have initiated several awareness-raising sessions and seminars on the possible dangers of human trafficking for young people moving abroad to work. Furthermore, the Development Plan for Reducing Violence for the years 2013–14 introduced several activities to intensify the fight against human trafficking, such as involving the media to address the issue of trafficking in persons, conducting training to teachers to better introduce the phenomenon of trafficking in persons to students as well as providing phone-based free counselling, and preparing official instructions in the procedure of identifying and assisting the victims of trafficking.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the Government’s statement that the school drop-out rates have fallen considerably from 1,617 children (1.0 per cent of all students) in the 2006–07 school year to 572 children (0.4 per cent) in 2011–12 and thereafter to 0.2 per cent during the 2012–13 school year. The Government states that the average number of students in a classroom for basic education is 18.2 students and is 23.5 students for secondary education. The Committee further notes the various amendments made to the new Basic Schools and Upper Secondary Schools Act to decrease school drop-out rates, such as preschool childcare institutions to assess children’s readiness to attend school; duties of parents to enable and facilitate the attendance of children at school; measures to be taken by schools and rural municipalities to ensure the obligation to attend school; and the provision of support measures such as boarding facilities, assistance and counselling to students. Other measures include: provision for warm school lunch for basic school students financed by the local and state budget; health services at school; and a special educational needs coordinator to provide pedagogical and psychological assessment of students.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking of children and commercial sexual exploitation. Following its previous comments, the Committee notes the Government’s detailed information on the various assistance and support activities provided to the victims of human trafficking. The Government indicates that the human trafficking helpline received 667 calls in 2011 and 700 such callers were counselled in 2012. In 2011, 56 victims (39 women and 17 men) of human trafficking sought help from help organizations and, in 2012, 22 possible victims of human trafficking were identified by help organizations. The Committee notes the Government’s statement that no persons under the age of 18 were registered via helpline and help organizations.