Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes the observations of the General Union of Workers (UGT) in the Government’s report and also the Government’s reply. The Committee also notes the observations of the Spanish Confederation of Employers’ Organizations (CEOE), received on 6 September 2019, and the Government’s reply to these observations.

Article 7(2) of the Convention. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such labour and ensuring their rehabilitation and social integration. Trafficking for sexual and labour exploitation. The Committee previously encouraged the Government to pursue its efforts to protect young persons under 18 years of age, particularly girls and migrant children, against trafficking for sexual exploitation. It also asked the Government to supply information on the number of migrant children registered in the context of the “Protocol on unaccompanied foreign minors”.

The Committee notes the observations of the UGT indicating that the “Comprehensive plan to combat the trafficking of women and girls for sexual exploitation” does not take account of the situation of male victims or of other forms of exploitation, such as labour exploitation. The UGT emphasizes that the immediate consequences are insufficient protection of boys who are victims of trafficking for sexual exploitation, and inadequate protection for women and girls who are victims of other forms of human trafficking. In this regard, the Committee notes the Government’s indication that the appendix to the “Framework Protocol for the protection of human trafficking victims” concerning action to detect and provide care for child victims of trafficking applies to both girls and boys.

The Committee notes the Government’s indication that the information on unaccompanied foreign minors (MENA) and the information on child victims of trafficking and sexual exploitation originate from two different registers. Accordingly, the information from the MENA register covers all unaccompanied migrant children identified in Spain. In April 2019, a total of 12,303 migrant children (11,367 boys and 936 girls) were registered. The data concerning trafficking victims originate from the Ministry of the Interior. In 2016, the 148 registered victims included six children; in 2017, nine children were recorded among 155 victims; in 2018, the 128 trafficking victims included six children. As regards sexual exploitation, in 2016 three children were registered among 433 cases; in 2017, six children in 422 cases; and in 2018, two children were recorded among 391 cases.

The Committee also notes the statistics provided by the Government relating to working children who are victims of trafficking for labour exploitation, for begging and for criminal activities. In 2016, no cases of trafficking of children for labour exploitation were recorded. In 2017 and 2018, four cases each of trafficking of children for labour exploitation were recorded. Between 2016 and 2018, the Government recorded ten cases of children involved in criminal activities and four cases of children used for begging.

The Committee duly notes the inclusion of specific provisions for persons working with minors – in order to check that there is no previous history of sexual offences against children or trafficking offences for sexual exploitation – in the draft Act for the comprehensive protection of children and young persons from violence. This draft legislation is being drawn up by the Ministry of Health, Consumer Affairs and Social Welfare, the Ministry of Justice and the Ministry of the Interior. The Committee notes that the CEOE emphasizes in its observations that the participation of trade unions and occupational associations in this process is important to ensure progress and substantive changes to the draft legislation, in view of their knowledge of the social and economic realities in Spain.

Furthermore, the Committee notes the amendments to sections 177bis(6) and 192(3) of the Penal Code, which impedes any person guilty of sexual offences against children or trafficking of persons for sexual exploitation from exercising an occupation or conducting a business, whether remunerated or not, which involves regular, direct contact with children and young persons.

The Committee also notes that the appendix to the “Framework Protocol for the protection of human trafficking victims” concerning action for detecting and providing care for child victims of trafficking has been in force since December 2017. The Committee notes the CEOE’s indication that the network of Spanish enterprises is mainly composed of small and medium-sized enterprises (SMEs) and micro SMEs and that it is asking the Government to take the social partners into consideration in the context of the training initiatives of this Framework Protocol. The Committee notes the Government’s indication that, in the context of the labour inspectorate’s plans of action, the participation of occupational associations and trade unions has been ensured through a general council, in accordance with section 11 of the regulations governing the work of the National Labour and Social Security Inspectorate (Royal Decree No. 192/2018). The Committee requests the Government to continue its efforts to protect children under 18 years of age against the trafficking of persons, while involving the social partners in the measures and action taken. The Committee also requests the Government to provide detailed information on the procedure followed and the results achieved in the context of the “Protocol on unaccompanied foreign minors” and of the appendix to the “Framework Protocol for the protection of human trafficking victims”.

Clause (d). Children at special risk. Migrant children and unaccompanied minors. The Committee previously reminded the Government that migrant children are particularly exposed to the worst forms of child labour and requested the Government to intensify its efforts to protect these children from the worst forms of child labour, particularly by ensuring their integration into the education system. It also requested the Government to provide information on the measures taken and the results achieved in this respect.

The Committee notes the UGT’s indications that the Council of Ministers has established a working group on migrant children in conjunction with the Public Prosecutor’s Office, the autonomous communities and NGOs in order to analyse proposals concerning the template for the care of unaccompanied foreign minors. However, the UGT highlights the fact that the most representative trade unions of the country have not been invited to join this working group, even though they represent people working at the young person reception centres. The UGT also expresses concern at the care template, which involves public contracts or subsidies in which the economic criteria takes precedence over quality of service. The Committee notes the Government’s indications in this regard that an Inter-territorial Coordination Council has been set up to deal with the situation of unaccompanied foreign minors by facilitating the interaction and coordination of all institutions and administrations connected with providing care for them. The first meeting took place in September 2018.

The Committee also notes the information on the “Programme of guidance and reinforcement for progress and support in education”. The total amount of credits allocated to this programme in 2018 was over 81 million euros, divided among the autonomous communities. The goal of the programme is to establish support mechanisms to ensure high-quality education through equitable education policies aimed at reducing the drop-out rates from school and vocational training. Guidance and psycho-pedagogical teams located in the region or the school district have information on the socio-economic and family profiles of at-risk groups of pupils. Support is given by these teams in schools with the involvement of the families. The Committee requests the Government to continue its efforts to protect migrant children and unaccompanied foreign minors from the worst forms of child labour, ensuring their integration into the school system. The Committee also requests the Government to provide information on the results achieved in the context of the “Programme of guidance and reinforcement for progress and support in education” and on the measures taken within the Inter-territorial Coordination Council to facilitate the provision of care for unaccompanied foreign minors.

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