Worst Forms of Child Labour Convention, 1999 (No. 182) - Hungary (Ratification: 2000)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 5 of the Convention. Monitoring mechanisms. Trafficking. Following its previous comments, the Committee notes the Government’s information that a National Crime Prevention Strategy 2013–23, aimed at increasing the efficiency of crime prevention, was adopted in October 2013, within which a National Strategy for Combating Trafficking in Human Beings 2013–16 was adopted. The Government report indicates that this strategy, which aims to establish an effective system of identifying victims of trafficking, punishing perpetrators of trafficking in persons and providing protection to victims of trafficking will pay special attention to the protection of children. In this regard, several training courses were organized by the police headquarters dedicated to trends in trafficking in persons, identification, protection and assistance to victims of trafficking, as well as investigation of cases of trafficking in persons.

Article 7(2). Clause (d). Identifying and reaching out to children at special risk. Roma children. In its previous comments, the Committee noted the adoption of the National Strategy of Social Integration (NSSI) in December 2011, a ten-year project which included the integration of the Roma as one of the priority areas of intervention. It also noted that the NSSI gives special priority to helping disadvantaged children, especially Roma children, to gain access to quality schooling, and aims to achieve several key objectives with regard to education, such as the strengthening of support services within and outside schools in order to prevent drop outs, or the creation of grants and bursaries for disadvantaged children, including Roma children, to make them more successful in school.

The Committee notes from the report of the European Union Agency for Fundamental Rights, entitled; Education: the situation of Roma in 11 EU Member States that among the EU Member States, Hungary has the highest rates of Roma children with preschool experience of 92 per cent. This report also indicates that the rate of Roma children not in compulsory schooling is 5 per cent in Hungary. However, this report indicated that Hungary recorded the highest share 51 per cent of Roma who dropped out while still in compulsory schooling. The Committee also notes that the Committee on the Rights of the Child, in its concluding observations of 14 October 2014, expressed concern at the continued segregation of Roma children in separate classes and schools, and limited access of asylum-seeking children into education. The Committee requests the Government to pursue its efforts, within the framework of the NSSI, to protect Roma children from the worst forms of child labour, particularly through initiatives to facilitate their access to free, basic and quality education and to provide for their inclusive education in mainstream schools. It once again requests the Government to provide information on the impact of the measures taken in this respect, particularly with regard to increasing school attendance and completion rates and decreasing school drop-out rates among Roma children.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 5 of the Convention. Monitoring mechanisms. Trafficking. Following its previous comments, the Committee notes the Government’s information that a National Crime Prevention Strategy 2013–23, aimed at increasing the efficiency of crime prevention, was adopted in October 2013, within which a National Strategy for Combating Trafficking in Human Beings 2013–16 was adopted. The Government report indicates that this strategy, which aims to establish an effective system of identifying victims of trafficking, punishing perpetrators of trafficking in persons and providing protection to victims of trafficking will pay special attention to the protection of children. In this regard, several training courses were organized by the police headquarters dedicated to trends in trafficking in persons, identification, protection and assistance to victims of trafficking, as well as investigation of cases of trafficking in persons.

Article 7(2). Clause (d). Identifying and reaching out to children at special risk. Roma children. In its previous comments, the Committee noted the adoption of the National Strategy of Social Integration (NSSI) in December 2011, a ten-year project which included the integration of the Roma as one of the priority areas of intervention. It also noted that the NSSI gives special priority to helping disadvantaged children, especially Roma children, to gain access to quality schooling, and aims to achieve several key objectives with regard to education, such as the strengthening of support services within and outside schools in order to prevent drop outs, or the creation of grants and bursaries for disadvantaged children, including Roma children, to make them more successful in school.

The Committee notes from the report of the European Union Agency for Fundamental Rights, entitled; Education: the situation of Roma in 11 EU Member States that among the EU Member States, Hungary has the highest rates of Roma children with preschool experience of 92 per cent. This report also indicates that the rate of Roma children not in compulsory schooling is 5 per cent in Hungary. However, this report indicated that Hungary recorded the highest share 51 per cent of Roma who dropped out while still in compulsory schooling. The Committee also notes that the Committee on the Rights of the Child, in its concluding observations of 14 October 2014, expressed concern at the continued segregation of Roma children in separate classes and schools, and limited access of asylum-seeking children into education. The Committee requests the Government to pursue its efforts, within the framework of the NSSI, to protect Roma children from the worst forms of child labour, particularly through initiatives to facilitate their access to free, basic and quality education and to provide for their inclusive education in mainstream schools. It once again requests the Government to provide information on the impact of the measures taken in this respect, particularly with regard to increasing school attendance and completion rates and decreasing school drop-out rates among Roma children.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 5 of the Convention. Monitoring mechanisms. Trafficking. Further to its previous comments, the Committee notes the Government’s information with regard to measures taken in order to increase crime prevention, such as the preparation, in 2006, of a methodological guide book by the Crime Prevention and Victim Protection Department of the National Police Headquarter (ORFK), which instructs crime prevention experts on the crime of human trafficking and methods of recruitment, or the conducting of presentations on preventing and reducing human trafficking related crimes which, in 2011, were attended by 29,752 persons through 1,458 classes. The Committee also notes the Government’s information that, during the reporting period of 1 June 2010 to 31 May 2012, the police did not register any trafficking cases where the victims were below 14 years of age. Moreover, only three victims of trafficking aged between 14 and 17 years were detected in 2011, and four in the first half of 2012. The Committee encourages the Government to continue to take measures to strengthen the capacity of the law enforcement bodies responsible for detecting and combating the trafficking of children and to ensure that thorough investigations and robust prosecutions are carried out for persons who engage in this offence. It requests the Government to continue providing information on the progress made in that regard.

Article 7(2). Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee previously noted that the Government Action Plan for 2008–09 on the Decade of Roma Inclusion Programme (adopted by Decision No. 1105/2007 (XII.27)) comprises tasks in the field of education, employment, access to health care, housing, equal treatment and non-discrimination. The Committee, however, also noted that the Committee on Economic and Social Rights, in its concluding observations of 16 January 2008, expressed concern about the high number of Roma children segregated in separate schools, and at the high drop-out rate among Roma students at the secondary level (E/C.12/HUN/CO/3, paragraph 27). The Committee also noted that the UN Human Rights Committee, in its concluding observations of 16 November 2010, took due note of the adoption of the parliamentary resolution on the Decade of Roma Inclusion, but nonetheless expressed concern at the widespread discrimination and exclusion of the Roma in various fields such as education, housing and health (CCPR/C/HUN/CO/5, paragraphs 3 and 20).

The Committee notes the Government’s indication that it prepared the National Strategy of Social Integration (NSSI) in December 2011, which is a ten year project that includes the integration of the Roma as one of the priority areas of intervention, in line with the Roma Framework Strategy adopted by the European Union Council on 24 June 2011. The NSSI gives special priority to helping disadvantaged children, especially Roma children, to gain access to quality schooling, and aims to achieve several key objectives with regard to education, such as the strengthening of support services within and outside schools in order to prevent dropouts, or the creation of grants and bursaries for disadvantaged children, including Roma children, to make them more successful in school. The Committee requests the Government to pursue its efforts, within the framework of the Decade of Roma Inclusion Programme and the NSSI, to protect Roma children from the worst forms of child labour, particularly through initiatives to facilitate their access to education. It once again requests the Government to provide information on the impact of the measures taken in this respect, particularly with regard to increasing school attendance and completion rates and decreasing school drop-out rates among Roma children.

Part V of the report form. Practical application of the Convention. The Committee previously noted the detailed information in the Government’s report from the Hungarian Occupational Safety and Health and labour inspectorate on cases of violations related to young persons, and noted the Government’s statement that the overwhelming majority of these cases did not relate to the worst forms of child labour. The Committee also noted the Government’s statement that there had been no recorded criminal cases of the forced labour of minors or the trafficking of children.

The Committee takes note of the table provided by the Government in its report which illustrates the number of criminal offences related to the Convention that have been registered by the police from 2010 to the first half of 2012. According to this table, 58 children under the age of 13 years, and 76 children between the ages of 14 and 17, were found to be victims of crimes relating to the abuse of illegal pornographic material between 2010 and the first half of 2012. In the same years, only seven victims of trafficking between the ages of 14 and 17 were detected. The Committee requests the Government to continue providing information on the nature, extent and trends of these worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution or for the production of pornography or pornographic performances. Following its previous comments, the Committee notes the extracts of the Criminal Code (Act XXVII), as amended by Act XXVII on amending the Criminal Code of 2007, included in the Government’s report. The Committee notes with interest that, pursuant to these amendments, section 202/A of the Criminal Code prohibits sexual intercourse with a person under the age of 18 in exchange for money or other forms of remuneration (punishable by up to three years’ imprisonment), and section 204 prohibits making, distributing, trading and possessing pornographic material involving a person under 18, in addition to prohibiting the use of a person under 18 in pornographic shows.

Article 5. Monitoring mechanisms. Trafficking. The Committee previously noted that eight persons were convicted of child trafficking in 2006 and 2007. It requested the Government to continue to provide information on the investigations carried out by the police related to the trafficking of children.

The Committee notes the Government’s statement that there have been no registered cases of the trafficking of children during the reporting period. However, the Committee notes that the United Nations Human Rights Committee, in its concluding observations in connection with the International Covenant on Civil and Political Rights of 16 November 2010, expressed concern at the lack of data on trafficking in persons despite reports of persistent trafficking of women and girls for sexual exploitation and domestic servitude (CCPR/C/HUN/CO/5, paragraph 12). The Committee also notes that the Committee on the Elimination of Discrimination Against Women (CEDAW), in its concluding observations of 10 August 2007, expressed concern at the persistence of trafficking in women and girls in Hungary (CEDAW/C/HUN/CO/6 paragraph 22). Therefore, while noting the Government’s indication that no child trafficking cases have been registered, the Committee observes that the trafficking of girls appears to be a problem in practice. The Committee accordingly urges the Government to take the necessary measures to strengthen the capacity of the law enforcement bodies responsible for detecting and combating the trafficking of children and to ensure that thorough investigations and robust prosecutions are carried out for persons who engage in this offence. It requests the Government to provide information on the impact of the measures taken in this regard, particularly the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied relating to the trafficking of persons under 18 years.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee previously noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 17 March 2006, expressed concern that Roma children have a high drop-out rate from school, despite the fact that education is compulsory and free until the age of 18 (CRC/C/HUN/CO/2, paragraph 62). The Committee also noted that Roma women and children are particularly vulnerable to trafficking for the purpose of prostitution. It requested information on measures adopted to address this issue.

The Committee notes the copy of the Government Action Plan for 2008–09 on the Decade of Roma Inclusion Programme (adopted by Decision No. 1105/2007 (XII.27)) included with the Government’s report. The Committee notes that this Action Plan comprises tasks in the field of education, employment, access to health care, housing, equal treatment and non-discrimination. The Action Plan includes initiatives to reduce drop-outs (including a project aimed at reaching out to 500 Roma children), to provide in-school meal plans, to promote desegregation in schools, to assist 1,300 Roma children prepare for examinations and to improve the capacity of teachers to teach the Romani and Beas languages in schools. The Committee further notes the information in the Government’s report that, in 2010, the Ministry of Social Affairs and Labour established a scholarship fund of 315 million forints (approximately US$1.5 million) to help Hungarian Roma students pursue their studies.

While taking due note of these measures, the Committee also notes that that the Committee on Economic and Social Rights (CESCR), in its concluding observations of 16 January 2008, expressed concern about the high number of Roma children segregated in separate schools, and at the high drop-out rate among Roma students at the secondary level (E/C.12/HUN/CO/3, paragraph 27). The Committee also notes that the UN Human Rights Committee, in its concluding observations of 16 November 2010, took due note of the adoption of the parliamentary resolution on the Decade of Roma Inclusion, but nonetheless expressed concern at the widespread discrimination and exclusion of the Roma in various fields such as education, housing and health (CCPR/C/HUN/CO/5, paragraphs 3 and 20). The Committee, therefore, requests the Government to pursue its efforts, within the framework of the Decade of Roma Inclusion Programme, to protect Roma children from the worst forms of child labour, particularly through initiatives to facilitate their access to education. It requests the Government to provide information on the impact of the measures taken in this respect, particularly with regard to increasing school attendance and completion rates and decreasing school drop-out rates among Roma children.

Part V of the report form. Practical application of the Convention. Following its previous comments, the Committee notes the detailed information in the Government’s report from the Hungarian Occupational Safety and Health and Labour Inspectorate on cases of violations related to young persons, and notes the Government’s statement that the overwhelming majority of these cases do not relate to the worst forms of child labour. The Government indicates that, of the 45 cases of violations detected, two cases (involving four young persons) related to young persons performing work with detrimental consequences and four cases (involving seven young persons) related to young persons working at night or working for more than eight hours.

The Committee also notes the Government’s statement that there have been no recorded criminal cases of the forced labour of minors or the trafficking of children. The Government also indicates that the Victim Support System has thus far only provided services to victims who are adults. Nonetheless, the Committee notes that the CESCR, in its concluding observations of 16 January 2008, expressed concern that that the number of women and girls trafficked to, from, and through Hungary is not adequately documented (E/C.12/HUN/CO/3, paragraph 20). The Committee, therefore, requests the Government to take the necessary measures to ensure that sufficient data on the worst forms of child labour is available, particularly with respect to the application of Article 3(a)–(c) of the Convention. In this regard, the Committee requests the Government to provide information on the nature, extent and trends of these worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee noted the information contained in the Government’s report that the Criminal Code was amended in 2007 to comply with the European Council framework Decision 2004/68/JHA on combating the sexual exploitation of children and child pornography. The Committee noted the Government’s statement that section 7 of Act XXVII on the Modification of Act IV of 1978 on the Criminal Code (Act XXVII) incorporated a new section into the Criminal Code, section 202/A. Pursuant to that amendment, any person who has sexual intercourse or fornicates with a person under the age of 18 in exchange for money or other forms of remuneration is guilty of a felony punishable by imprisonment for between one and three years. The Committee also noted that section 8 of Act XXVII incorporated a new section, section 204, on the offering, possession, distribution or production of pornographic images of persons under 18, into the Criminal Code. The Committee requests the Government to provide a copy of the Criminal Code, as amended in 2007.

Article 5. Monitoring mechanisms. Police. The Committee previously noted the Government’s statement that Measure No. 4/2006 (I.23) of the ORFK on the Implementation of Police Tasks in Connection with the Violation of Law Regarding Prostitution and Human Trafficking pays special attention to the tasks of the police in the prevention of trafficking in children. The Committee further noted that, within the National Investigating Bureau, there is an Internet monitoring group which constantly screens and monitors the Internet for preparations for or traces of criminal offences, especially child pornography. The Committee also noted that the head of the Criminal Department of the National Police Headquarters issued a methodology guide regarding the investigation of affairs relating to trafficking in human beings, including trafficking in children. The Committee noted the Government’s information that three people were convicted of child trafficking in 2006, five in 2007 and zero in the first five months of 2008. The Committee requests the Government to continue to provide information on the number of investigations carried out by the police and the findings with regard to trafficking in children.

Article 7(2). Effective and time-bound measures.  Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee noted that the Committee on the Rights of the Child (CRC), in its concluding observation on the second periodic report of Hungary of 17 March 2006, expressed concern that Roma children have a high drop-out rate from school, despite the fact that education is compulsory and free until the age of 18 (CRC/C/HUN/CO/2, paragraph 62). The CRC noted “that many Roma children leave the school system before graduation, although the Government has established programmes and scholarships in order to further the learning performance of Roma” (paragraph 48). The Committee also noted that, according to the Trafficking in Persons Report of 2008 for Hungary, available on the United Nations High Commissioner for Refugees web site (www.unchr.org), Roma women and children as a group are particularly vulnerable to trafficking for the purpose of prostitution. The Committee recalled that, pursuant to Article 7(2) of the Convention, education is one of the most effective means of combating the worst forms of child labour. Noting that children from minority groups are often victims of exploitation, which may take on very different forms, and are at risk of being engaged in the worst forms of child labour, the Committee requests the Government to provide information on measures adopted to address this issue. The Committee also requests the Government to provide information on the results achieved through the programmes and scholarships that aim to decrease the drop-out rate among Roma children.

Parts IV and V of the report form. Application of the Convention in practice. The Committee noted the Government’s information that the Hungarian Occupational Safety and Health and Labour Inspectorate found two employers employing a total of three employees aged under 15. The Committee noted that the employees were prohibited from performing the given work and their cases were referred to the competent guardianship authority. The Committee further noted that, in the period under review, the Hungarian Occupational Safety and Health and Labour inspectorate took measures in 13 cases involving 27 employees aged under 15.

The Committee noted the statistics provided by the Government on the number of criminal offences committed against minors under 18 years of age. According to this data, the number of criminal offences for child trafficking was three in 2006 and five in 2007; for the violation of personal freedom the number of offences was 110 in 2006, 104 in 2007 and 33 in the first five months of 2008; for procuring the number of offences was 16 in 2006, 11 in 2007 and 44 in the first five months of 2008; for pornography the number of offences was 951 in 2006, 422 in 2007 and 182 in the first five months of 2008; and for drug abuse the number of offences was four in 2006 and six in 2007. The Committee requests the Government to continue to provide information on the worst forms of child labour including, for example, copies or extracts from official documents, including inspection reports, studies and inquiries and to provide information on the nature, extent and trends of those forms of child labour, and the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions and convictions. To the extent possible, all information provided should be disaggregated by sex.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee notes the information contained in the Government’s report that the Criminal Code was amended in 2007 to comply with the European Council framework Decision 2004/68/JHA on combating the sexual exploitation of children and child pornography. The Committee notes the Government’s statement that section 7 of Act XXVII on the Modification of Act IV of 1978 on the Criminal Code (Act XXVII) incorporated a new section into the Criminal Code, section 202/A. Pursuant to that amendment, any person who has sexual intercourse or fornicates with a person under the age of 18 in exchange for money or other forms of remuneration is guilty of a felony punishable by imprisonment for between one and three years. The Committee also notes that section 8 of Act XXVII incorporated a new section, section 204, on the offering, possession, distribution or production of pornographic images of persons under 18, into the Criminal Code. The Committee requests the Government to provide a copy of the Criminal Code, as amended in 2007.

Article 5. Monitoring mechanisms. The Committee had previously noted the Government’s statement that the National ILO Council, which is a consultative national forum for social dialogue, supervises and monitors the implementation of the provisions of the Convention. It also noted that the Ministry of Employment and Labour (including the National Chief Inspectorate for Occupational Safety and Labour and the territorial inspectorates) supervises compliance with legislation concerning youth; and that the Ministry of Health, Social and Family Affairs specifies the tasks related to child protection, preparation of legislation applicable to the protection of families, social security, child protection, children’s education and guardianship. The Committee had requested the Government to provide information on the functioning of the National ILO Council and the mechanisms established under the Ministry of Employment and Labour and the Ministry of Health, Social and Family Affairs for the monitoring of implementation of the provisions giving effect to the Convention, and to provide extracts of reports specifying the extent and nature of violations detected involving children and young persons involved in the worst forms of child labour. The Committee notes the Government’s information on the functioning of these institutions. Moreover, the Committee notes the Government’s statement that there was one case reported of minors who were illegally forced to perform work at night to the Ministry of Social Affairs and Labour. The Government indicates that the Ministry of Social Affairs and Labour contacted both the competent guardianship authority and the labour inspectorate, and that the case, upon investigation by the labour inspectorate and child welfare services, was determined to be unfounded. The Committee notes this information.

2. Police. The Committee previously noted the Government’s statement that Measure No. 4/2006 (I.23) of the ORFK on the Implementation of Police Tasks in Connection with the Violation of Law Regarding Prostitution and Human Trafficking pays special attention to the tasks of the police in the prevention of trafficking in children. The Committee further noted that, within the National Investigating Bureau, there is an Internet monitoring group which constantly screens and monitors the Internet for preparations for or traces of criminal offences, especially child pornography. The Committee also noted that the head of the Criminal Department of the National Police Headquarters issued a methodology guide regarding the investigation of affairs relating to trafficking in human beings, including trafficking in children. The Committee notes the Government’s information that three people were convicted of child trafficking in 2006, five in 2007 and zero in the first five months of 2008. The Committee requests the Government to continue to provide information on the number of investigations carried out by the police and the findings with regard to trafficking in children.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Programmes launched by the police. The Committee had previously noted the programmes launched by the police entitled Drug, Alcohol, Tobacco and Aids Programme (DADA) (aimed at teaching safety to children of the 8–16 age group) and ELLEN-SZER (aimed at educating secondary-school students about certain forms of drug consumption, sexual exploitation and ill-treatment). It also noted the Government’s statement that the police established cooperation with civil organizations and other state child protection institutions, and launched several targeted programmes for strengthening the protection of children and minors. The Committee requested the Government to provide further information on these programmes and their impact on eliminating the worst forms of child labour. The Committee notes the copies of the evaluation reports of both the DADA and ELLEN-SZER programmes included in the Government’s report.

2. Action plan for child victims of trafficking. The Committee previously noted the Government’s indication that an action plan was issued in 2005 for the law enforcement bodies of the Ministry of the Interior on their tasks in preventing, reducing and assisting victims of human trafficking with special attention to children. The Committee noted that the country participated in the awareness- raising campaigns of the International Organization for Migration (IOM) aiming at the prevention of trafficking. The Committee requested the Government to provide detailed information on the concrete measures taken under the Action Plan of 2005 to prevent and reduce the trafficking of children and assist child victims of trafficking and to provide information on the results achieved. The Committee notes the information on the national strategy to combat human trafficking for 2008–12 provided in the Government’s report. One of the key priorities of Government Decision No. 101872008 (III.26.) on the national strategy to combat human trafficking is in the field of prevention and victim assistance for persons under the age of 18. The Committee notes this information.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted the Government’s information that consular assistance is provided to victims of human trafficking. It noted that the consul informs the victim about the assistance to be provided by the consular service in notifying the relatives and about the special opportunities offered by the penal procedure and victim protection programme in Hungary. The consul, while dealing with victims in special situations or cases which need special expertise for proper assistance, contacts the governmental and civil organizations which perform victim protection tasks in the country of origin of the victim, in order to obtain information about the methods adopted and types and extent of assistance provided by such organizations in similar cases. The Committee also noted the Government’s indication that, since April 2005, a safe shelter for protection and assistance to victims of criminal offences, especially trafficking in human beings, is in operation in Hungary. The consul, in cooperation with the several ministries of the State, the IOM and the Hungarian Baptist Aid, ensures safety, support and the necessary assistance to facilitate the return of victims who were transferred from the shelter to their home. The Committee requested the Government to indicate the number of child victims of trafficking withdrawn and rehabilitated pursuant to the abovementioned assistance provided by the consular service. The Committee notes the Government’s information that assistance was provided to 17 victims of trafficking, two of whom were minors. The Government’s report indicates that measures were taken by the competent authorities in Hungary and the host country to return these two children home. The Committee notes this information.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observation on the second periodic report of Hungary of 17 March 2006, expressed concern that Roma children have a high drop-out rate from school, despite the fact that education is compulsory and free until the age of 18 (CRC/C/HUN/CO/2, paragraph 62). The CRC noted “that many Roma children leave the school system before graduation, although the Government has established programmes and scholarships in order to further the learning performance of Roma” (paragraph 48). The Committee also notes that, according to the Trafficking in Persons Report of 2008 for Hungary, available on the United Nations High Commissioner for Refugees web site (www.unchr.org), Roma women and children as a group are particularly vulnerable to trafficking for the purpose of prostitution. The Committee recalls that, pursuant to Article 7(2) of the Convention, education is one of the most effective means of combating the worst forms of child labour. Noting that children from minority groups are often victims of exploitation, which may take on very different forms, and are at risk of being engaged in the worst forms of child labour, the Committee requests the Government to provide information on measures adopted to address this issue. The Committee also requests the Government to provide information on the results achieved through the programmes and scholarships that aim to decrease the drop-out rate among Roma children.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that the Hungarian Occupational Safety and Health and Labour Inspectorate found two employers employing a total of three employees aged under 15. The Committee notes that the employees were prohibited from performing the given work and their cases were referred to the competent guardianship authority. The Committee further notes that, in the period under review, the Hungarian Occupational Safety and Health and Labour inspectorate took measures in 13 cases involving 27 employees aged under 15.

The Committee notes the statistics provided by the Government on the number of criminal offences committed against minors under 18 years of age. According to this data, the number of criminal offences for child trafficking was three in 2006 and five in 2007; for the violation of personal freedom the number of offences was 110 in 2006, 104 in 2007 and 33 in the first five months of 2008; for procuring the number of offences was 16 in 2006, 11 in 2007 and 44 in the first five months of 2008; for pornography the number of offences was 951 in 2006, 422 in 2007 and 182 in the first five months of 2008; and for drug abuse the number of offences was four in 2006 and six in 2007. The Committee requests the Government to continue to provide information on the worst forms of child labour including, for example, copies or extracts from official documents, including inspection reports, studies and inquiries and to provide information on the nature, extent and trends of those forms of child labour, and the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions and convictions. To the extent possible, all information provided should be disaggregated by sex.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 5. Monitoring mechanisms. The Committee had previously noted the Government’s statement that the National ILO Council, which is a consultative national forum for social dialogue, supervises and monitors the implementation of the provisions of the Convention. It also noted that the Ministry of Employment and Labour (including the National Chief Inspectorate for Occupational Safety and Labour and the territorial inspectorates) supervise compliance with legislation concerning youth; and the Ministry of Health, Social and Family Affairs specifies the tasks related to child protection, preparation of legislation applicable to the protection of families, social security, child protection, children’s education and guardianship. The Committee had requested the Government to provide further information on the functioning of the above mechanisms. The Committee notes the absence of information in the Government’s report on this point. The Committee once again requests the Government to provide information on the functioning of the National ILO Council and the mechanisms established under the Ministry of Employment and Labour and the Ministry of Health, Social and Family Affairs for the monitoring of implementation of the provisions giving effect to the Convention, and to provide extracts of reports specifying the extent and nature of violations detected involving children and young persons involved in the worst forms of child labour.

Police. The Committee notes the Government’s information that Measure No. 4/2006 (I.23) of the ORFK on the Implementation of Police Tasks in Connection with the Violation of Law Regarding Prostitution and Human Trafficking pays special attention to the tasks of the police in the prevention of trafficking in children. It notes the existence of a separate unit within the National Investigating Bureau for the investigation of international affairs of trafficking in human beings. The Committee also notes that within the National Investigating Bureau, there is an Internet monitoring group which constantly screens and monitors the Internet for exploring preparations for or traces of criminal offences, especially child pornography. The Committee also notes that the head of the Criminal Department of the National Police Headquarters issued a methodology guide regarding the investigation of affairs relating to trafficking in human beings, including trafficking in children. The Committee requests the Government to indicate the number of investigations carried out by the police and the findings with regard to trafficking in children.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Programmes launched by the police. The Committee had previously noted the programme entitled Drug, Alcohol, Tobacco and Aids Programme (DADA) launched by the police, and aimed at teaching safety to children of the age
group 8–16. The Committee notes the Government’s information that a new version of this programme entitled ELLEN-SZER dealing with certain forms of drug consumption, sexual exploitation and ill treatment is also operational at the secondary school level. It also notes the Government’s information that the police established cooperation with civil organizations and other state child protection institutions and launched several targeted programmes for strengthening the protection of children and minors. The Committee requests the Government to provide further information on these programmes and their impact on eliminating the worst forms of child labour.

2. Action plan for child victims of trafficking. The Committee notes the Government’s indication that an action plan was issued in 2005 for the law enforcement bodies of the Ministry of the Interior on their tasks in preventing, reducing and assisting victims of human trafficking with special attention to children. The Committee notes that the country participated in the awareness-raising campaigns of the International Organisation for Migration (IMO) aiming at the prevention of trafficking. The Committee requests the Government to provide detailed information on the concrete measures taken under the Action Plan of 2005 to prevent and reduce the trafficking of children and assist child victims of trafficking. The Committee also requests the Government to provide information on the results achieved.

Article 7, paragraph 1. Penalties. Following its previous comments, the Committee notes the Government’s information that, according to Decree No. 218/1999 (XII.28) on Certain Offences, a person who violates the provisions regarding the prohibition of the employment of minors in hazardous work may be sanctioned by a fine of Hungary Forint (HUF) 100,000. It also notes the Government’s indication that, by virtue of Act LXXV of 1996 on labour inspection, the inspector may, during labour inspection, impose a fine of between 5 and 30 million HUF with regard to a breach of law concerning one employee, and a fine of between 8 and 30 million HUF with regard to a breach of law concerning more than one employee.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to free basic education. The Committee notes the Government’s indication that according to section 70/F(2) of Act XX of 1949 on the Constitution of the Republic of Hungary, and subsection (3) of section 3 of Act LXXIX of 1993 on public education, as amended, primary education is free and compulsory from the age of 6 to 18 years.

2. Welfare services. The Committee notes the Government’s indication that, pursuant to the amendment of Act XXXI of 1997 on child protection and guardianship administration, a regular child protection allowance affecting 650,000 children was introduced, which means entitlement for several allowances such as free or discounted meals, textbook subsidies, subsidized tuition fees and student residence fees, as well as financial assistance. It also notes the Government’s information that the “Sure Start Programme” was established targeting families having children between the age group of 0–6 years and who are living in disadvantaged areas, villages or urban residence areas. The aim of this programme is to reduce poverty by supplying day care to children having health and other social problems and also helping their families. The Committee notes the Government’s information that this programme was launched in five geographical areas where municipal disadvantages are accompanied with other risks of social exclusion, and that many local governments, institutions and civil organizations declared to launch this programme in their own municipalities. The Committee takes due note of this information.

Clause (b). Provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee notes the Government’s information that consular assistance is provided to victims of human trafficking. It notes that the consul shall inform the victim about the assistance to be provided by the consular service in notifying the relatives and about the special opportunities offered by the penal procedure and victim protection programme in Hungary. The consul, while dealing with victims in special situations or cases which needs special expertise for proper assistance, shall contact the governmental and civil organizations which perform victim protection tasks in the country of origin of the victim, in order to obtain information about the methods adopted and types and extent of assistance provided by such organizations in similar cases. The Committee also notes the Government’s indication that, since April 2005, a safe shelter for protection and assistance to victims of criminal offences, especially trafficking in human beings, is in operation in Hungary. The consul, in cooperation with the several ministries of the State, the International Organization for Migration and the Hungarian Baptist Aid, ensures safety, support and the necessary assistance to facilitate the return of victims who were transferred to the shelter to their home. The Committee requests the Government to indicate the number of child victims of trafficking withdrawn and rehabilitated pursuant to the abovementioned assistance provided by the consular service.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes the Government’s information that there is a home for children without accompanying adults in Nagykanizsa, which provides protection to children who are asylum seekers. These children are taken care of by immigration employees who are trained to deal with the special needs of children.

Parts IV and V of the report form. The Committee notes the statistics provided by the Government on the number of criminal offences committed against minors under 18 years. According to this data, the number of criminal offences of child trafficking was two in 2004, and six in 2005; violation of personal freedom 94 in 2004, 111 in 2005 and 22 in the first quarter of 2006; procuring, 19 in 2004, 16 in 2005 and 6 in the first quarter of 2006; pornography, 4,285 in 2004, 905 in 2005 and 21 in 2006; drug abuse, 7 in 2004, 6 in 2005 and zero in the first quarter of 2006. With regard to penal sanctions imposed, the Committee notes the Government’s indication that for the offences related to pornography, 27 defendants were sentenced in 21 cases in 2004 and 63 defendants sentenced in 45 cases in 2005; and, for offences related to drug abuse, 87 defendants were sentenced in 64 cases in 2004 and 109 defendants were sentenced in 76 cases in 2005. The Committee requests the Government to continue to provide information on the worst forms of child labour including, for example, copies or extracts from official documents, including inspection reports, studies and inquiries and to provide information on the nature, extent and trends of those forms of child labour, and the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions and convictions. To the extent possible, all information provided should be disaggregated by sex.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report. It requests the Government to provide further information on the following points.

Article 5. Monitoring mechanisms. The Committee had previously noted the Government’s statement that the National ILO Council, which is a consultative national forum for social dialogue, supervises and monitors the implementation of the provisions of the Convention. It also noted that the Ministry of Employment and Labour (including the National Chief Inspectorate for Occupational Safety and Labour and the territorial inspectorates) supervise compliance with legislation concerning youth; and the Ministry of Health, Social and Family Affairs specifies the tasks related to child protection, preparation of legislation applicable to the protection of families, social security, child protection, children’s education and guardianship. The Committee had requested the Government to provide further information on the functioning of the above mechanisms. The Committee notes the absence of information in the Government’s report on this point. The Committee once again requests the Government to provide information on the functioning of the National ILO Council and the mechanisms established under the Ministry of Employment and Labour and the Ministry of Health, Social and Family Affairs for the monitoring of implementation of the provisions giving effect to the Convention, and to provide extracts of reports specifying the extent and nature of violations detected involving children and young persons involved in the worst forms of child labour.

Police. The Committee notes the Government’s information that Measure No. 4/2006 (I.23) of the ORFK on the Implementation of Police Tasks in Connection with the Violation of Law Regarding Prostitution and Human Trafficking pays special attention to the tasks of the police in the prevention of trafficking in children. It notes the existence of a separate unit within the National Investigating Bureau for the investigation of international affairs of trafficking in human beings. The Committee also notes that within the National Investigating Bureau, there is an Internet monitoring group which constantly screens and monitors the Internet for exploring preparations for or traces of criminal offences, especially child pornography. The Committee also notes that the head of the Criminal Department of the National Police Headquarters issued a methodology guide regarding the investigation of affairs relating to trafficking in human beings, including trafficking in children. The Committee requests the Government to indicate the number of investigations carried out by the police and the findings with regard to trafficking in children.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Programmes launched by the police. The Committee had previously noted the programme entitled Drug, Alcohol, Tobacco and Aids Programme (DADA) launched by the police, and aimed at teaching safety to children of the age group 8-16. The Committee notes the Government’s information that a new version of this programme entitled ELLEN-SZER dealing with certain forms of drug consumption, sexual exploitation and ill treatment is also operational at the secondary school level. It also notes the Government’s information that the police established cooperation with civil organizations and other state child protection institutions and launched several targeted programmes for strengthening the protection of children and minors. The Committee requests the Government to provide further information on these programmes and their impact on eliminating the worst forms of child labour.

2. Action plan for child victims of trafficking. The Committee notes the Government’s indication that an action plan was issued in 2005 for the law enforcement bodies of the Ministry of the Interior on their tasks in preventing, reducing and assisting victims of human trafficking with special attention to children. The Committee notes that the country participated in the awareness-raising campaigns of the International Organisation for Migration (IMO) aiming at the prevention of trafficking. The Committee requests the Government to provide detailed information on the concrete measures taken under the Action Plan of 2005 to prevent and reduce the trafficking of children and assist child victims of trafficking. The Committee also requests the Government to provide information on the results achieved.

Article 7, paragraph 1. Penalties. Following its previous comments, the Committee notes the Government’s information that, according to Decree No. 218/1999 (XII.28) on Certain Offences, a person who violates the provisions regarding the prohibition of the employment of minors in hazardous work may be sanctioned by a fine of Hungary Forint (HUF) 100,000. It also notes the Government’s indication that, by virtue of Act LXXV of 1996 on labour inspection, the inspector may, during labour inspection, impose a fine of between 5 and 30 million HUF with regard to a breach of law concerning one employee, and a fine of between 8 and 30 million HUF with regard to a breach of law concerning more than one employee.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to free basic education. The Committee notes the Government’s indication that according to section 70/F(2) of Act XX of 1949 on the Constitution of the Republic of Hungary, and subsection (3) of section 3 of Act LXXIX of 1993 on public education, as amended, primary education is free and compulsory from the age of 6 to 18 years.

2. Welfare services. The Committee notes the Government’s indication that, pursuant to the amendment of Act XXXI of 1997 on child protection and guardianship administration, a regular child protection allowance affecting 650,000 children was introduced, which means entitlement for several allowances such as free or discounted meals, textbook subsidies, subsidized tuition fees and student residence fees, as well as financial assistance. It also notes the Government’s information that the “Sure Start Programme” was established targeting families having children between the age group of 0-6 years and who are living in disadvantaged areas, villages or urban residence areas. The aim of this programme is to reduce poverty by supplying day care to children having health and other social problems and also helping their families. The Committee notes the Government’s information that this programme was launched in five geographical areas where municipal disadvantages are accompanied with other risks of social exclusion, and that many local governments, institutions and civil organizations declared to launch this programme in their own municipalities. The Committee takes due note of this information.

Clause (b). Provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee notes the Government’s information that consular assistance is provided to victims of human trafficking. It notes that the consul shall inform the victim about the assistance to be provided by the consular service in notifying the relatives and about the special opportunities offered by the penal procedure and victim protection programme in Hungary. The consul, while dealing with victims in special situations or cases which needs special expertise for proper assistance, shall contact the governmental and civil organizations which perform victim protection tasks in the country of origin of the victim, in order to obtain information about the methods adopted and types and extent of assistance provided by such organizations in similar cases. The Committee also notes the Government’s indication that, since April 2005, a safe shelter for protection and assistance to victims of criminal offences, especially trafficking in human beings, is in operation in Hungary. The consul, in cooperation with the several ministries of the State, the International Organization for Migration and the Hungarian Baptist Aid, ensures safety, support and the necessary assistance to facilitate the return of victims who were transferred to the shelter to their home. The Committee requests the Government to indicate the number of child victims of trafficking withdrawn and rehabilitated pursuant to the abovementioned assistance provided by the consular service.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes the Government’s information that there is a home for children without accompanying adults in Nagykanizsa, which provides protection to children who are asylum seekers. These children are taken care of by immigration employees who are trained to deal with the special needs of children.

Parts IV and V of the report form. The Committee notes the statistics provided by the Government on the number of criminal offences committed against minors under 18 years. According to this data, the number of criminal offences of child trafficking was two in 2004, and six in 2005; violation of personal freedom 94 in 2004, 111 in 2005 and 22 in the first quarter of 2006; procuring, 19 in 2004, 16 in 2005 and 6 in the first quarter of 2006; pornography, 4,285 in 2004, 905 in 2005 and 21 in 2006; drug abuse, 7 in 2004, 6 in 2005 and zero in the first quarter of 2006. With regard to penal sanctions imposed, the Committee notes the Government’s indication that for the offences related to pornography, 27 defendants were sentenced in 21 cases in 2004 and 63 defendants sentenced in 45 cases in 2005; and, for offences related to drug abuse, 87 defendants were sentenced in 64 cases in 2004 and 109 defendants were sentenced in 76 cases in 2005. The Committee requests the Government to continue to provide information on the worst forms of child labour including, for example, copies or extracts from official documents, including inspection reports, studies and inquiries and to provide information on the nature, extent and trends of those forms of child labour, and the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions and convictions. To the extent possible, all information provided should be disaggregated by sex.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first and subsequent reports, and requests it to provide further information on the following points.

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s statement that Act XXXI on Child Protection on Guardianship Administration (CGPA) has created the legal basis for implementing children’s rights and protecting children. The CGPA enabled the creation of the basic service network of child welfare in the form of child welfare service units, which are charged with preventing and eliminating all sorts of threats to which children are exposed, including preventing the development of the worst forms of child labour. The Committee requests the Government to continue providing information on the national policy measures taken or envisaged to effectively reduce and eliminate the worst forms of child labour, and on their impact on the elimination of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes with interest that section 175/B of the Criminal Code, as amended in 2002, states that any person who sells, purchases, conveys or receives another person or exchanges a person for another person, or recruits, transports, accommodates, hides, or appropriates one for such purpose for another party, commits a felony. The penalty is increased if the criminal act is committed: (a) against a person under the age of 18; (c) for the purpose of forced labour; (d) for the purpose of sodomy or sexual intercourse, or to involuntarily engage in such with another person. The Committee also notes that section 175(2) of the Criminal Code provides that any person who acquires another person through trafficking in human beings and maintains the status of denial of the victim’s personal freedom and forces such victim into forced labour, commits a felony.

2. Forced labour. The Committee notes that section 174 of the Criminal Code provides that any person who compels another person with violence or threats of violence, to do, not to do, or to endure something, and causing a considerable prejudice to their interests, commits an imprisonable felony.

3. Recruitment of children for use in armed conflict. The Committee notes that article 70H of the Constitution states that: (1) all citizens of the Republic of Hungary have the duty to defend the homeland; and (2) subject to their general defence obligation, citizens are expected to undergo military service, armed or unarmed, or civil service on terms specified by law. It also notes that according to the information available at the Office, the law on national defence provides for the general registration for conscription by all males from the age of 17 who are citizens and residents of Hungary, but military service before the age of 18 years is not permitted. The Committee asks the Government to supply a copy of the law on national defence.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that according to section 207(1) of the Criminal Code, any person who solicits another person for sexual intercourse or fornication for somebody else in order to make a profit commits a felony. Section 207(3)(a) of the same Code provides, in particular, that the penalty is increased if the pandering is committed to the prejudice of a person under 18 years of age.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 195/A of the Criminal Code prohibits a range of activities associated with the production of pornography or pornographic performances including the use, procuring or offering of a person under 18 in these activities.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that section 282/B(1) of the Criminal Code provides that any person over 18 who, without authorization and by using a person under the age of 18, produces, manufactures, acquires, possesses, imports or exports narcotic drugs into or from Hungary or transports such through the territory of Hungary is guilty of a felony. Section 282/B(2)(a) increases the penalty if a person over the age of 18 offers or supplies narcotic drugs to persons under the age of 18 or is engaged in the distribution, trafficking or dealing of narcotic drugs by using a person under the age of 18.

Clause (d). Hazardous work. The Committee notes that article 66(3) of the Constitution states that separate regulations shall ensure the protection of women and youth in the workplace. It also notes that section 75(1) of the Labour Code provides that young persons shall not be employed in work which may result in detrimental effects with regard to their physical condition or development, and that the particular jobs for which young persons may not be employed shall be determined by legal regulation. Section 75(2) of the Code states that employment conditions may be specified by legal regulations, after consultations with the National Labour Council, for the protection of health or in the public interest, above and beyond the provisions of the Code. Section 72(3) of the Code states that for the purposes of employment-related matters, employees under 18 years of age shall be construed as young persons. The Committee notes with interest that section 72A of the Code provides that as regards the performance of work by persons under 18 years of age by way of means other than an employment contract, the provisions set forth in section 72 (i.e. the definition of young persons as persons under 18 years of age) shall apply, and that the provisions of the Code pertaining to the employment of young persons must also be observed.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that section 10/A(1) of Decree No. 33/1998 of the Minister of Social Welfare, as amended by Decree No. 27/2000 of the Minister of Health concerning the employment of minors, provides that the list of the work charges that exclude or, respectively, only conditionally allow the employment of minors in the domain of service relations, is shown in Appendix 8. The Committee notes that Appendix 8 of Decree No. 33/1998 as amended provides for a list of forbidden and restricted categories of hazardous work for young persons under 18 years of age. It notes that this list includes tasks injurious to young persons’ physical health; positions or activities in which there is a high risk of accidents; a risk of damaging effects from chemical substances, physical and biological agents, processes including ionizing radiations; work involving exposure to temperatures, noise levels, or vibrations damaging to the health. It further notes that the maximum load for lifting work done by young persons is set at 70 per cent of the load for male adults. Section 129/A of the Labour Code provides that young persons cannot be used to work at night, for special duty or for stand by duty.

Article 5. Monitoring mechanisms. The Committee notes the Government’s statement that the National ILO Council, which is a consultative national forum for social dialogue, supervises and monitors the implementation of the provisions of the Convention. It also notes that the Government’s reports designate, for the purpose of monitoring the implementation of the Convention, the Ministry of Employment and Labour (including the National Chief Inspectorate for Occupational Safety and Labour, and the territorial inspectorates), whose role is to inspect the compliance with legislation concerning youth; the Ministry of Health, Social, and Family Affairs, which specifies the tasks related to child protection, preparation of legislation applicable to the protection of families, social security, child protection, children’s education and guardianship. The Committee requests the Government to provide further information on the functioning of these mechanisms established for the monitoring of the implementation of the provisions giving effect to the Convention, and to provide extracts of reports specifying the extent and nature of violations detected involving children and young persons involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that the Government mentions the programme entitled DADA (drug, alcohol, tobacco, AIDS), launched by the police, and aimed at teaching safety to the 8-14 age group. It also takes note of Government resolution 1009/2004 (II.26) on the implementation of the short-, medium- and long-term objectives of the Government concerning the national strategy of social crime prevention that determines the tasks regarding the prevention and reduction of crime committed by children and juveniles. The Committee notes that these tasks include the following: action programmes will be launched to ensure that unemployed youth living in economically disadvantaged regions and who have dropped out of school are enrolled in integrated training and retraining programmes; and in urban educational institutions, the role of the school’s social worker, and the child and youth protection network will be strengthened. The Committee also notes the Government’s statements that: special educational, employment or specific skills development schemes of socially deviant, but not yet delinquent youth will be encouraged. Pilot programmes will be launched to benefit children, especially those being raised in children’s homes. Cooperation will be established among the police, the family assistance and the family support services, and the county-based children and youth protection coordinators. The Committee further notes the Government’s statement that the rate of criminal acts has significantly risen as a result of the increasing rate of access to the Internet, and that the Analytical and Coordination Directorate of the National Police Headquarters are launching a team specially trained to prevent and detect such crimes. The Committee requests the Government to provide information on the impact of the above measures on eliminating the worst forms of child labour such as those abovementioned, and to indicate the consultations held thereon with the relevant government institutions and employers’ and workers’ organizations.

Article 7, paragraph 1. Penalties. The Committee notes that sections 174, 175/B, 175(2), 195(3), 207(1), 207(3)a), and 282/B of the Criminal Code establish sufficiently effective and dissuasive penalties of fines and imprisonment for breach of the provisions prohibiting: sale and trafficking of children; forced labour; the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, and for the production and trafficking of drugs. The Committee requests the Government to indicate the provisions which provide for penalties in case of violations of the prohibition of hazardous work for children under 18 years.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s reports on the measures taken to: (a) prevent the engagement of children in the worst forms of child labour; (c) ensure access to free basic education for all children removed from the worst forms of child labour; and (d) identify and reach out to children at special risk. The Committee therefore asks the Government to provide information on actions taken or envisaged, as required under Article 7(2)(a), (c) and (d) of the Convention.

Clause (b). To provide the assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Street children. The Committee notes the Government’s statement in its report that just below 40 per cent of all victims of crimes of a sexual nature were persons under 18. It also notes the Government’s statement that these statistics are significant, and cannot be considered as sporadic incidences. Moreover, it notes the information provided by the Government, according to which, in the case of children with foreign citizenship, action by the guardianship administration has become necessary on a number of occasions, as these children were begging for a living, mostly in the streets of Budapest, forced by their relatives or other persons. These children, mostly of Romanian citizenship, are placed under the authority of the guardianship administration on a temporary basis in one of the institutions of the child protection system until their legal and family status is clarified. The Committee notes the Government’s statement that experience suggests that identifying the children, establishing their citizenship, and entering into contact with the concerned foreign authority through a competent foreign representation takes a great deal of time, during which the said children sometimes escape and continue begging. According to the information provided by the Government, their care and education becomes a serious burden for the children’s homes concerned, or the geographically competent child protection service due both to the communication/language difficulties, and financial problems involved.

2. Child victims of slavery. The Committee further notes the Government’s statement that information from the National Police Headquarters reveals that there were three cases between 2000 and 2003, in which Hungarian minors were kept in conditions reminiscent of slavery.

The Committee requests the Government to continue providing information on the effective and time-bound measures taken or envisaged to provide the necessary and direct assistance for the removal of street children as well as child victims of slavery from the worst forms of child labour.

Clause (e). Take account of the special situation of girls. The Committee notes the Government’s statement according to which the CGPA and its implementing regulations take account of the special situation of girls. They are placed in separate educational institutions thereby ensuring their protection and their safety on the one hand, and their rehabilitation on the other hand. The Committee notes that rehabilitation includes care suited to their needs from the psychological, and social-pedagogical points of view, ensuring the opportunity for making-up for the lack of primary schooling and vocational education.

Article 7, paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s statement that the Labour Inspectorate is responsible for ensuring compliance with legislation concerning employment of youth, and the legal statements required to create an employment relationship. It also notes that: the Ministry of Internal Affairs is responsible for the implementation of tasks set by Government and the operation of the police to ensure public safety, prevent crime and conduct investigations; the Ministry of Justice is responsible for developing cooperation among mentoring supervisors, administering justice; and the Ministry of Youth and Sports Affairs prepares proposals regarding issues of children, youth and sport, the suppression of the consumption of drugs and other addictive substances involving a health hazard.

Article 8. Enhanced international cooperation and assistance. The Committee notes the absence of information in the Government’s reports on this point. It notes however, that the Government ratified the Convention on the Rights of the Child in October 1991, and that it signed in 2000 the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The Committee also notes that Hungary is a member of Interpol, which helps countries in the different regions to cooperate, especially in the fight against trafficking of children.

Part III of the report form. The Committee notes the Government’s statement that no court decisions were made or resolutions passed regarding the issues of principle on the application of the Convention. The Committee requests the Government to provide information on whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention, and if so, to supply a copy of the text of these decisions.

Parts IV and V of the report form. The Committee notes the information provided by the Government in its reports according to which the Hungarian authority for labour inspection inspects approximately 45,000 to 48,000 employers annually, and takes about 100,000 official measures. The Committee also notes that there have been multiple prosecutions due to sex-related crimes against minors or the illegal use of prohibited pornographic recordings. The Committee further notes the Government’s statement that neither occupational safety inspections, nor inspections by the child protection or the guardianship authority identified any case of employment of a minor in hazardous work. The Committee requests the Government to supply copies or extracts from official documents including studies and inquiries and to provide information on the nature, extent and trends of the worst forms of child labour, and the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions and convictions. To the extent possible, all information provided should be disaggregated by sex.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s first report. It notes that it is not a detailed report. The Committee recalls that, when the Government has to provide a first report, it must contain full particulars on each of the provisions of the Convention and on each question in the report form. The Committee would be grateful if the Government would provide a detailed report in 2003, in accordance with the report form.