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

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 2016, published 106th ILC session (2017)

Article 4(3) of the Convention. Periodic review of the list of types of hazardous work. Following its previous comments, the Committee notes the Government’s information that the Work Environment Authority’s regulations and general guidelines on minors’ working environment of 2012 (as amended in 2014) contain a list of hazardous tasks prohibited for minors under the age of 18 years. According to section 11 of this regulation, it is prohibited for employers, principals, school boards and training providers to allow minors under the age of 18 years to perform hazardous tasks listed in Annex 1.

The Committee notes with interest that the list prohibits more than 40 types of work and processes that are harmful to minors such as: work with hazardous agents (work with infectious substances, quartz or quartz material, refractory ceramic fibres or crystalline fibres, work exposed to polycyclic aromatic hydrocarbons, tar, pitch, fumes, wood dust, work with sewage); work with hazardous chemical products that are toxic to skin, may cause allergy, cancer, genetic defects, causes severe skin burns or damage to organs; work with chemical substances, mixtures, explosives, flammable gas, danger of fire, work with pesticides, lead or lead-bearing materials, asbestos and 29 processes or work, including: work involving handling of equipment for the production, storage, use of compressed, liquefied or dissolved gases; manufacturing or processing of metal; cutting and welding with gas, electricity or laser; work in confined spaces; preparation and handling of devices, fireworks, or other explosive objects; work with dangerous machineries and devices; work with power driven hoists, cable cars, or other transport devices; work as a driver or operator of tractors, trucks, cargo and other dangerous mobile machineries; railway work; work with loading, unloading and berthing of ships; construction work; work at heights; work on or near electrical power plant; work on emergency rooms, infection, intensive care rooms, psychiatric care; work in home care, health care, mental illness and disability clinics; work with infectious, biological or radioactive waste and medical waste; disposal of corpses, work with fierce or poisonous animals; industrial slaughter of animals; work underwater; work with experimental cancer research; and surveillance or security work.

Article 6. Programmes of action. The Committee notes from the Government’s report that an Action Plan for 2016–18 has been developed consisting of 23 actions towards achieving the following objectives: (i) that children do not become victims of trafficking; (ii) that children are not exposed to sexual abuse and exploitation, including in connection with tourism and travel; (iii) that all child victims of trafficking and sexual exploitation receive appropriate protection and support; and (iv) to promote children’s awareness of their rights to be protected from abuse and exploitation. The Committee requests the Government to provide information on the implementation of the measures taken within the framework of the Action Plan 2016–18 to combat trafficking and sexual exploitation of children, including in the tourism and travel sector as well as the results achieved.

Article 8. International cooperation and assistance. Trafficking and child sex tourism. Following its previous comments, the Committee notes the Government’s information that the country is a committed member of the “We PROTECT”, a global alliance to end online child sexual exploitation comprising 63 nations worldwide. The Committee also notes from the Government’s report that in May 2016, Sweden appointed an ambassador against human trafficking with the mission to improve the effectiveness of international efforts and cooperation against trafficking and sexual exploitation of children. The Government also indicates that it intends to identify countries interested in bilateral cooperation to combat trafficking and sexual exploitation of children. Moreover, besides bilateral cooperation in specific investigations, Sweden is actively participating in the work to implement the Operative Action Plan of the Europol SOCTA/COSI/Empact Policy Cycle which is the most important platform for international police cooperation against organized crime and trafficking of persons.

The Committee notes, however, the Government’s indication that the number of migrants and asylum seekers has increased considerably, among them a large number of unaccompanied minors. There are risks that these people may be exposed to exploitation in various forms during their travel to or within Sweden. Internal European Union (EU) trafficking in persons remains the most significant among the reports to the police and among the investigations carried out. In 2015, the clearest trend was concerned with reports of trafficking of persons for the purpose of begging. The Committee encourages the Government to continue its international cooperation efforts to combat the phenomenon of trafficking and child sexual exploitation. In the context of the entry of a high number of unaccompanied minors in the country, the Committee requests the Government to strengthen its efforts to prevent them from falling victims to trafficking. It requests the Government to provide information on the specific measures taken in this regard and on the results achieved. The Committee also requests the Government to indicate the bilateral cooperation agreements against trafficking and sexual exploitation of children signed with countries and their impact.

Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that it intends to give the Swedish Police Authority the mandate to propose measures to enhance the ability of the police to combat various types of sexual offences against children, including internet-related sexual offences, child sex tourism and trafficking of children for sexual exploitation and child prostitution. The Committee also notes the Government’s information that the Cyber Crime Centre receives information concerning the sexual abuse of children outside of Sweden from Swedish and foreign police authorities. However, the Committee notes that according to the statistical information provided by the Government, the number of reported offences involving children has increased. According to this data, in 2015, more than 900 offences related to child pornography were reported, of which 500 were internet-related and around 600 prosecutions were initiated and 120 sanctions imposed. With regard to the exploitation of children for sexual posing, in 2015, about 1,000 offences were reported, prosecution was initiated in around 650 cases and sanctions were imposed in 30 cases. Moreover, 130 offences related to the purchase of sexual acts from a child under 18 years of age were reported and prosecution was initiated in 40 cases. With regard to the statistics related to the offences of trafficking of persons, the Committee notes from the Government’s report under the Abolition of Forced Labour Convention, 1957 (No. 105), that of the nearly 180 reported offences in 2015, about 60 were sexually motivated, 55 were related to begging and around 20 concerned forced labour. About 20 per cent of these reported offences involved children under the age of 18 years. In two cases sanctions of imprisonment from two to four years were imposed. The Committee requests the Government to continue providing information on the number and nature of infringements reported related to the worst forms of child labour, and investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, the information provided should be disaggregated by age and sex.

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

Article 4(3) of the Convention. Periodic review of the list of types of hazardous work. Following its previous comments, the Committee notes the Government’s information that the Provisions on the Work Environment of Minors (AFS 1996) have been revised (AFS 2012) and entered into force on 1 February 2013. According to the Government’s report, section 5 of AFS 2012 contains the list of hazardous tasks that are prohibited to minors, including a prohibition against solitary work. The Committee notes that, while the Government indicates that a copy of the revised provisions has been attached, no copy has been supplied. The Committee, therefore, once again requests the Government to provide a copy of the relevant provisions of AFS 2012 containing the updated list of hazardous types of work prohibited to minors under 18 years of age, along with its next report.

Article 8. International cooperation and assistance. Child sex tourism. Following its previous comments, the Committee notes the Government’s information that amendments with regard to providing more severe penalties for the sexual exploitation of children, and the abolition of the requirement of double criminality for prosecution of the offences related to the sexual exploitation of children, were adopted on 1 July 2013. Accordingly, the minimum sentence for sexual exploitation of children has been increased from six months to one year, while more serious instances of sexual exploitation shall be deemed to be aggravated offences.

The Committee also notes the Government’s information that, since 2009, the National Criminal Police has taken specific measures to investigate sexual offences against children committed by Swedes abroad. These investigations are carried out by a group of dedicated police officers and an IT forensic specialist within the National Criminal Police. The Committee notes with interest that the investigations conducted by this group have led to several convictions in Thailand, Cambodia and the Philippines. In April 2013, a Swedish national who was involved in instigating serious sexual offences against children in the Philippines via the Internet was sentenced to four years and six months’ imprisonment. The Committee further notes the Government’s information that, in 2013, Sweden entered into bilateral police cooperation agreements with two countries in South-East Asia as a step to fight against child sex tourism. Moreover, several bilateral meetings have been held by the Swedish Prosecution Authority and the prosecution authorities in the Philippines, Thailand, Cambodia and Viet Nam on matters pertaining to sexual offences against children and trafficking in human beings. Furthermore, judicial authorities conduct regular training to improve the process of detecting, investigating and prosecuting persons guilty of the sexual exploitation of children. In this regard, the prosecution development centre in Gothenburg designed a support mechanism for child sex tourism cases and developed handbooks in order to provide guidance to prosecutors in dealing with sex crime tourism cases. The Committee finally notes the Government’s information that the international public prosecution office in Stockholm is currently carrying out a local project for enhanced prosecution in cases concerning travellers committing sexual offences against children. The project is intended to develop national and international cooperation with the police and other relevant law enforcement bodies to ensure that persons who commit sexual offences against children abroad are prosecuted in Sweden if legal proceedings cannot be instituted where the offence was committed. The Committee encourages the Government to continue its international cooperation efforts to combat the phenomenon of child sex tourism, as well as to take measures to prosecute offenders of these crimes upon their return to Sweden, and to increase cooperation with actors in the tourist industry. It requests the Government to provide information on the specific measures taken in this regard and on the results achieved.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the information on the number of reported offences involving children provided by the Government in its written replies to the Committee on the Rights of the Child on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC on the OPSC) (CRC/C/OPSC/SWE/Q/1/Add.2, 14 September 2011). According to this data, during the year 2010: 29 cases of trafficking in children were reported and 14 persons were prosecuted; 233 cases of purchase of sexual acts from children were reported, for which 73 persons were prosecuted and 31 persons were convicted; 91 cases of child pornography were reported, for which 23 persons were prosecuted; and 299 cases of internet-related child pornography were reported, for which 96 persons were prosecuted. The Committee requests the Government to strengthen the capacity of the law enforcement agencies so as to ensure that thorough investigations and robust prosecutions of perpetrators of the commercial sexual exploitation of children, including internet-related child pornography, are carried out. It also requests the Government to continue providing information on the number and nature of infringements reported related to the worst forms of child labour, and investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, the information provided should be disaggregated by age and sex.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. Following its previous comments, the Committee notes the Government’s information that amendments were made to the Criminal Code in July 2010 to establish stronger penalties of imprisonment ranging from two years to a maximum of ten years for the offence of trafficking in children. It also notes the Government’s indication that it has ratified the European Convention against Trafficking in Human Beings which entered into force in Sweden in September 2010. The Committee notes, however, that according to a report entitled “2011 Trafficking in Persons Report-Sweden” (Trafficking Report of 2011) available on the website of the United Nations High Commissioner for Refugees, Sweden is a destination, source and, to a lesser extent, a transit country for women and children subjected to sex trafficking. The Trafficking Report of 2011 states that one third of the foreign victims of sex trafficking identified in 2010 were children and that about 2,400 children who arrived in Sweden in 2010, primarily from Afghanistan and Somalia, were vulnerable to human trafficking. According to the Trafficking Report of 2011, the judiciary continued to award light sentences for trafficking in persons offences, including in cases involving very aggravated circumstances. The Committee requests the Government to provide information on the practical application of the newly amended provisions of the Criminal Code which introduce stricter penalties for the offences related to trafficking of children. In this regard, it requests the Government to take the necessary steps to ensure that thorough investigations and robust prosecutions of persons who engage in the sale and trafficking of children are carried out and that sufficiently effective and dissuasive penalties are imposed in practice, in accordance with the national legislation in force.

Article 4(3). Periodic review of the list of the types of hazardous work. The Committee had noted the Government’s indication since 2004 that the annexes to the Provisions of the National Board of Occupational Safety and Health on Minors at Work of 1996, that lists the types of hazardous work prohibited for minors, would be reviewed soon. Noting the absence of information in the Government’s report, the Committee requests the Government to indicate any progress made in this regard. It also requests the Government to supply a copy of the updated list of hazardous types of work prohibited to minors under 18, as soon as it has been adopted.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Action Plan to Combat Prostitution and Trafficking 2008 (NAP of 2008). Following its previous comments, the Committee notes the Government’s statement that the NAP of 2008 focuses on protection and assistance, including shelter and medical assistance to persons vulnerable to or exposed to prostitution and trafficking. It also notes from the Government’s report the following measures targeting children and young people that have been undertaken to implement the NAP of 2008:

• – The National Board of Health and Social Welfare in collaboration with UNICEF developed a publication, entitled “Could it be trafficking” containing guideline for government agencies and other organizations on how to detect and help children who are subject to trafficking. In this regard, several regional training seminars with representatives from the police department, social services, health care sector, the Migration Board and the prosecution authority have been conducted.
• – The National Board of Youth Affairs conducted training programmes on the risk of sexual exploitation of young people for professionals working with children and young people and a handbook/training material was developed in this regard.
• – The Children’s Welfare Foundation has promoted and managed a network for professionals in the health care sector, social services and those working in the shelter who assist child victims of sexual exploitation and trafficking.
• – The National Board of Institutional Care developed methods for enhanced care for young people in institutional care who are or run the risk of becoming victims of prostitution or trafficking.

Finally, the Committee notes the Government’s information that the County Administrative Board who was commissioned to develop rehabilitation programmes for victims of prostitution and trafficking, developed programmes to meet the individual needs of the victims of trafficking, including for their safe return to their home countries.

Article 8. International cooperation and assistance. Child sex tourism. The Committee previously noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 12 June 2009, had expressed concern at the limited information available on investigations, prosecutions, and punishment of Swedish citizens involved in the sexual exploitation of children abroad, at the lack of data on the number of Swedish citizens engaged in this practice, and at the absence of any measures to prohibit the reissuing of passports to persons freed after posting bail (CRC/C/SWE/CO/4, paragraph 68).

The Committee notes the Government’s indication that the Sexual Offences Commission of 2008 has submitted a report proposing certain amendments, including more severe penalties for the sexual exploitation of children, and the abolition of the requirement of double criminality for prosecution of the offences related to the sexual exploitation of children. The Committee notes the Government’s statement that a Bill concerning the above provisions is being planned for the spring 2012. The Committee notes from the Trafficking Report of 2011 that child sex tourism offences committed by Swedish nationals travelling abroad remain a problem and an estimated 4,000 to 5,000 acts of child sex exploitation by Swedish citizens travelling abroad is being reported annually. The Committee requests the Government to strengthen its efforts to combat the phenomenon of child sex tourism, by taking measures to prosecute offenders of these crimes upon their return to Sweden, and to increase cooperation with actors in the tourist industry. The Committee further express the hope that the Government will take the necessary measures to ensure the enactment of the Bill abolishing the requirements of double criminality for prosecution of the offences related to the sexual exploitation of children abroad as soon as possible. It requests the Government to provide information on the progress made in this regard.

Part V of the report form. Application of the Convention in practice. The Committee notes the statistical information on the number of reported offences involving children provided by the Government in its written replies of 14 September 2011, to the list of issues of the CRC, in connection with the consideration of its initial report to the Optional Protocol to the Convention on the Rights of the Child on the sale of Children, child prostitution and child pornography (CRC/C/OPSC/SWE/Q/1/Add.2). According to these data, from the 16 cases of trafficking in children reported in 2009, five persons were prosecuted, and from the 29 cases of trafficking in children reported in 2010, 14 persons were prosecuted. Furthermore, in 2009, 150 cases of the purchase of sexual acts from children were reported, out of which 51 persons were prosecuted, and 32 persons were convicted; while in 2010, 233 cases of purchase of sexual acts from children were reported, of which, 73 persons were prosecuted and 31 persons were convicted. Likewise, in 2009, 93 cases of child pornography were reported, of which 24 persons were prosecuted, while in 2010, 91 cases were reported, of which, 23 persons were prosecuted. The number of reported cases of internet related child pornography amounted to 252 cases in 2009 of which 60 persons were prosecuted, while out of the 299 cases reported in 2010, 96 persons were prosecuted. The report also states that in 2009, 55 persons were convicted for the offences related to child pornography and internet-based child pornography, and 87 persons were convicted in 2010. The Committee requests the Government to continue to ensure in practice, the protection of children under 18 years of age from the worst forms of child labour, in particular prostitution and pornography, including internet-related child pornography. It also requests the Government to continue providing information on the number and nature of infringements reported related to the worst forms of child labour, and investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, the information provided should be disaggregated by age and sex.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee notes the information in the Government’s report that the Commission on Trafficking has proposed certain amendments to the existent penal provisions, to allow for more effective implementation. The Committee also notes the Government’s indication that additional amendments are proposed in a Government bill that will be submitted in March 2010, to facilitate Sweden’s accession to the European Convention against Trafficking in Human Beings. The Committee requests the Government to continue to provide information in this respect, and to supply a copy of the legislation once amended.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee had previously noted the information that according to the Children’s Ombudsman, “grooming” or contacting children for sexual purposes has become a common practice in Sweden, and the Committee requested the Government to provide information on the measures adopted to prevent children from falling victim to this practice. The Committee notes with interest the information in the Government’s report that on 1 July 2009, a new amendment to the Penal Code was introduced prohibiting “grooming”. This new provision is directed towards those who: initiate contact with children for the purpose of committing a sexual crime, agree to arrange a meeting, and take measures to bring about such a meeting.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that the provisions of the Narcotic Drugs (Punishments) Act of 1968 (NDP Act) which prohibit the transfer, manufacture, acquisition for the purpose of transfer, possession, use of, handling, procuring, offering or sale of narcotics, as well as the use of an intermediary for these purposes, do not expressly cover the use, procuring or offering of a child for such activities. The Committee therefore requested the Government to indicate the measures envisaged to prohibit the use, procuring or offering of a child for illicit activities.

The Committee notes the Government’s indication that the NDP Act contains penal provisions prohibiting a person from collaborating with, or instigating another to commit offences prohibited by the Act. The Committee also notes the Government’s statement that, when assessing the penalty for an offence, consideration will be made as to whether the person committing the offence induced another to participate in a crime by means of coercion, abuse of the person’s youth, lack of judgement, or dependency. This is provided for in Chapter 29, section 2(5), of the Penal Code, which states that the misuse of another person’s youth will be considered in determining the appropriate penalty.

Article 4, paragraph 3. Periodic review of the list of the types of hazardous work. The Committee previously noted that a revision of the Provisions of the Work Environment of Minors (AFS 1996:1) including an update of the list of hazardous works prohibited to minors, is under way. Noting an absence of information in the Government’s report on this point, the Committee again requests the Government to supply a copy of the updated list of hazardous types of work prohibited to minors under 18 as soon as it has been adopted.

Article 5. Monitoring mechanisms. In previous comments, the Committee requested the Government to provide information on the impact of the activities of the National Criminal Investigation Department and the police in combating offences related to child pornography. The Committee notes the information in the Government’s fourth report to the Committee on the Rights of the Child (CRC) of 23 January 2008 that the Government directed 10 million Swedish kroner (SEK) (approximately US$1.4 million) of police funding to be used annually between the years 2004 and 2006 to combat human trafficking (CRC/C/SWE/4, paragraph 251). This report also states that, in 2006 the National Criminal Police has participated in the establishment of a “filtering” of Internet pages with 15 Internet providers, that blocks access to web pages containing child pornography. The Committee further notes the information in the Government’s report to the CRC that the examination of seized child pornography material is being transferred to local police authorities, to cut down processing times of this offence and free up resources for the identification of victims of child pornography (CRC/C/SWE/4, paragraphs 112 and 113).

Article 6. Programmes of action to eliminate, as a priority, the worst forms of child labour. The Committee previously noted the Government’s indication that an action plan to combat prostitution and trafficking in persons is being developed, and that the National Plan of Action to Combat Commercial Sexual Exploitation of Children is undergoing revision. The Committee notes the information available on the web site of the Ministry of Integration and Gender Equality (MoIGE web site), that on 10 July 2008, the Government adopted a National Action Plan against prostitution and human trafficking for sexual purposes (NAP) which covers five priority areas:

–           greater protection and support for people at risk;

–           increased emphasis on preventive work;

–           higher standards and greater efficiency in the justice system;

–           increased national and international cooperation; and

–           a higher level of knowledge and awareness.

The Committee also notes the information on MoIGE web site that in total, the Government will invest SEK213 million (approximately US$29.9 million) in 36 implementing measures, up to the year 2010. The Committee further notes the Government’s statement in its report to the CRC that this plan will complement the National Plan of Action against Sexual Exploitation in Children (CRC/C/SWE/4, paragraph 266). The Committee requests the Government to provide information on the concrete measures taken pursuant to the adoption of the abovementioned national plans of action, and the results achieved following their implementation in terms of combating the prostitution and trafficking of children under 18 for labour or sexual exploitation.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes the information in the Government’s report to the CRC that the National Board of Health and Welfare, in collaboration with UNICEF, produced a guide entitled “Can This Be Trafficking?” for workers in the social services, the police and the migration authorities. The Committee also notes the information available on the MoIGE web site that the NAP includes measures to engage in awareness-raising activities on the dangers of trafficking directed at youth, to provide further training for staff in compulsory and upper secondary school, and to provide support to NGOs that engage in such prevention activities. The Committee encourages these measures, and asks the Government to provide information in its next report on the functioning of these projects.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Following its previous comments, the Committee notes the information available on the MoIGE web site that, at present, the protection measures targeting those exposed to prostitution or trafficking for sexual purposes are limited. The Committee also notes the information on the MoIGE web site that the NAP will address this through specific training for staff in youth clinics, housing shelters and other social services, additional support for the National Board of Institutional Care, increased measures to provide for the rehabilitation of victims of trafficking, and measures to provide for their safe repatriation. The Committee further notes that the CRC, in its concluding observations of 12 June 2009 (advance unedited version), welcomed these measures, and recommended that the Government “implement appropriate policies and programmes for the prevention, recovery and social reintegration of child victims”, and to “ensure that education and training, as well as psychological assistance and counselling, are provided to child victims of trafficking” (CRC/C/SWE/CO/4, paragraph 67). The Committee requests the Government to provide information on effective and time-bound measures taken pursuant to these recommendations. It also requests the Government to provide information on the number of children withdrawn from commercial sexual exploitation and trafficking through these measures, as well as information on the measures taken to rehabilitate them.

Article 8. International cooperation and assistance. 1. International cooperation. Following its previous comments, the Committee notes that measures by the NAP to combat human trafficking include improved coordination at the regional and international levels on this issue, as well as collaboration with Eurojust, Europol and Interpol on this issue, and a more specific focus on human trafficking in Sweden’s Development Cooperation Programme. The Committee also notes the information in the Government’s report to the CRC, that the Government is engaged in cooperation among the Baltic Sea States (along with Moldavia, Belarus and Ukraine). The outcome of this cooperation is an action plan concerning unaccompanied children who cross borders or who are victims of human trafficking, and the establishment of contact points in the cooperating countries to facilitate bilateral and multilateral contacts in individual cases. The Committee further notes that the CRC, in its concluding observations of 6July 2007 on the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, commended the Government
for contributing to projects for the rehabilitation and reintegration of child soldiers in many countries experiencing conflict or in post-conflict situations (CRC/C/OPAC/SWE/CO/1, paragraph 5).

2. Child sex tourism. The Committee notes the Government’s indication, in its written reply of 24 April 2009, to the list of issues of the CRC, in connection with the consideration of its report (CRC/C/SWE/Q/4/Add.1), that as part of the NPA, the Government has taken measures to combat child sex tourism. These measures include drawing attention at EU level to the issue of child sex tourism (within the framework of participation in the Permanent Intergovernmental Group L’Europe de l’Enfance), engaging relevant actors in the travel industry and agencies responsible for tourism education on the issue of preventive action against sexual exploitation of children, as well as using the Ministry of Foreign Affairs’ web site to provide information for people travelling abroad on this subject.

However, the Committee notes that the CRC, in its concluding observations of 12 June 2009 (advance unedited version), expressed concern at the limited information available on investigations, prosecutions, and punishments of Swedish citizens involved in sexual exploitation of children abroad, at the lack of data on the number of Swedish citizens engaged in this practice, and that no measures have reportedly been taken to prohibit the reissuing of passports to persons freed after posting bail (CRC/C/SWE/CO/4, paragraph 68). The Committee notes that the CRC recommended that the Government increase its efforts to prevent and combat the worrying phenomenon of child sex tourism, by taking measures to consistently prosecute offenders of these crimes upon their return to Sweden, to consider reviewing legislation in order to abolish all outstanding requirements of double criminality for prosecution of these offences, to improve data collection related to this phenomenon and to increase cooperation with actors in the tourist industry (CRC/C/SWE/CO/4, paragraph 69). The Committee encourages the Government to take action pursuant to the recommendations of the Committee on the Rights of the Child, and requests the Government to provide information on the results obtained.

Part V of the report form. Application of the Convention in practice. The Committee notes the information in the Government’s report submitted to the CRC that in 2006, 22 offences of “exploitation of a child for sexual posing” were reported. The Committee also notes that the number of child pornography offences reported has risen from 812 in 2000 to 1,140 in 2006 (CRC/C/SWE/4, paragraph 254). The Committee further notes the information in the report entitled “Thematic Study on child trafficking Sweden” issued by the European Union Agency for Fundamental Rights (EU Trafficking Report) that in 2005, there were 44 reported cases concerning trafficking (mostly for sexual purposes) and that eight people were sentenced for trafficking and 25 people were sentenced for crimes related to trafficking. In addition, the Committee notes the information in the EU Trafficking Report that the last available statistics on the victims of trafficking are from 2004, when Swedish National Police estimated that approximately 400–600 women and children were being trafficked to Sweden for sexual purposes. 

The Committee notes that the CRC, in its concluding observations of 12 June 2009 (advance unedited version) expressed concern about the prevalence of trafficking in children for the purposes of sexual and economic exploitation, as well as the limited available data on the extent and patterns of sexual exploitation, prostitution and trafficking (CRC/C/SWE/CO/4, paragraph 66).The Committee expresses its concern at the situation described above and encourages the Government to redouble its efforts to ensure in practice the protection of young persons under 18 years from trafficking, and to provide information on measures taken in this regard. The Committee also expresses its concern at the lack of data available and strongly urges the Government to take the necessary measures to ensure that sufficient data on commercial sexual exploitation of children (including the engagement of Swedish citizens in such crimes abroad) and child trafficking is made available. The Committee requests the Government to provide this information when it is available, as well as information on the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Compulsory recruitment of children for use in armed conflicts. In its previous comments, the Committee noted section 5 of the Defence Act, according to which military service is compulsory for Swedish men who have attained the age of 19 years. Noting the Children’s Ombudsman’s remark that “the Total Defence Compulsory Service Act should be amended so as to clarify that service by children under the age of 18 years does not involve the bearing of arms”, the Committee had requested the Government to keep it informed of any amendments made to it. The Committee notes the Government’s information that at present, no amendment to the Total Defence Act is envisaged. It also notes the Government’s information that according to the terms of the above Act, registration for defence service is required on attaining 18 years and reporting for defence service on attaining the age of 19 years. Hence, there is no instance of children under 18 years bearing arms, within the above Act. It finally notes the Government’s information that according to the Voluntary Defence Activities Ordinance, persons aged 14 years and above may participate in youth activities in the defence establishments. This is intended to create interest in the establishment and constitutes a part of its recruitment process, but in no way will young persons be assigned to combat duties or military services before they are 19.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that the provisions of the Narcotic Drugs (Punishments) Act of 1968 which prohibit the transfer, manufacture, acquisition for the purpose of transfer, possession, use of, handling, procuring, offering or sale of narcotics, do not expressly cover the use, procuring or offering of a child for such activities. It also noted that the above Act prohibits the use of intermediaries between seller and buyer and other measures calculated to promote drug trading. The Committee also noted that according to the Children’s Ombudsman, at least parts of the stipulation of prohibiting the exploitation of children for drug production and trafficking should be dealt with under the new provisions of the Penal Code concerning trafficking in persons. The Committee notes the Government’s information that the production, sale and trafficking in narcotics drugs are prohibited under the Narcotic Drugs (Punishment) Act and hence no changes in the Penal Code covering children’s participation in drug-related offences is currently contemplated. Since the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in relevant international treaties, does not appear to be specifically prohibited by the relevant Swedish legislation, the Committee once again asks the Government to indicate the measures taken or envisaged to this end.

Article 4, paragraph 3. Periodic review of the list of the types of hazardous work. The Committee notes the Government’s information that revision of the Provisions of the Work Environment of Minors (AFS 1996:1), including an update of the list of hazardous works prohibited to minors, is under way, The Committee requests the Government to supply a copy of the updated list of hazardous types of work prohibited to minors under 18 as soon as it has been adopted.

Article 5. Monitoring mechanisms. National Criminal Investigation Department. The Committee notes the Government’s information that the quantity of child pornographic materials, as well as the number of complaints concerning child pornographic offences, has substantially increased over the past two years. In order to cope with the increased number of cases of child pornography, the National Criminal Investigation Department has assigned police officers to conduct investigations, including intelligence activities, victim identification and international contacts to combat child pornographic offences. During 2007, the National Criminal Investigation Department conducted three training courses for police officers for investigating offences related to child pornography and expects to train 50 police officers by the end of this year. The Committee requests the Government to provide information on the impact of the activities of the National Criminal Investigation Department and the police in combating offences related to child pornography. It also requests the Government to indicate the number of young persons engaged in this type of activity and the violations reported.

Article 6. Programmes of action to eliminate, as a priority, the worst forms of child labour. With reference to its previous comments, the Committee notes the Government’s information that the National Plan of Action to Combat Commercial Sexual Exploitation of Children, operating since 1998, was renewed in 2001, and is currently being renewed for the second time. As part of the process, discussions were conducted with NGOs and other national authorities concerned so as to include in the revised National Plan, effective measures to combat the commercial sexual exploitation of children. The Committee also notes the Government’s indication that it is in the process of drafting a new Action Plan for Combating Prostitution and Trafficking in Persons, Especially Women and Children, and an Action Plan for Combating Trafficking in Persons for Forced Labour and Trade in Organs. The Committee requests the Government to provide information on the concrete measures taken pursuant to the adoption of the abovementioned national plans of action, and the results achieved following their implementation in terms of combating the prostitution and trafficking of children under 18 for labour or sexual exploitation.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes the Government’s information that according to the Children’s Ombudsman, “grooming” or contacting children for sexual purposes has become a common practice in Sweden. The Committee notes the Government’s information that it had ordered an inquiry into the problem of “grooming” and that the findings were presented in April 2007. It notes that the report consists of recommendations by the investigators on the various preventive measures against this practice. The Committee requests the Government to provide information on the measures adopted to prevent children from falling victim to the practice of “grooming”, and to provide information on the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Child victims of prostitution. The Committee had previously noted that by virtue of section 3 of the Care of Young Persons (Special Provision) Act, the community is empowered to intervene on a coercive basis if, for example, a young person is exposing health or development to a palpable risk of harm through socially degrading behaviour such as performing in sex clubs or engaging in street prostitution. It had also noted the data on the number of children receiving care under the above provision. The Committee had requested the Government to indicate how many of the children receiving care under the Care of Young Persons (Special Provisions) Act were former victims of prostitution. The Committee notes the Government’s information that child victims of sexual exploitation receive special treatment through the agency of the social services or child and youth psychiatric services. The Committee once again requests the Government to indicate the number of child victims of prostitution receiving care under the Care of Young Persons (Special Provisions) Act. It also asks the Government to continue providing information on the number of children withdrawn from prostitution pursuant to the intervention of the police or to care orders, and measures taken to rehabilitate them.

Article 8. International cooperation and assistance. Following its previous comments, the Committee notes the detailed information provided by the Government on the activities and initiatives of the Swedish International Development Authority (SIDA). Its initiatives on the worst forms of child labour include: employment of children and young persons (supporting ILO/IPEC programmes) which focuses on increased security at workplaces where children are employed, harmful work by children and guidance to vocational training; combating various forms of trafficking (through supporting programmes by ECPAT, Anti-Slavery, UNICEF and IOM); helping children involved in armed conflicts (through supporting programmes by UNICEF, Save the Children in Uganda). In addition, SIDA is also working on preventive measures against the worst forms of child labour which include: prevention through education – by providing support to education programmes, such as Education for All (EFA), Fast Track Initiative (FTI) and the United Nations Girls’ Education Initiative (UNGEI); prevention through development of knowledge (through UNICEF, Save the Children); and prevention through social protection.

Part V of the report form. Application of the Convention in practice. Noting the absence of information on this point, the Committee once again requests the Government to provide information and statistical data on the nature, extent and trends of the 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 penalties applied.

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

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously noted that, while the Penal Code prohibits child trafficking for the purpose of sexual exploitation (Chapter 4, section 1(a)(iii)), the trafficking of children for labour exploitation is not expressly prohibited. The Committee notes with interest the Government’s information that an amendment to Chapter 4, section 1(a), of the Penal Code, effective from 1 July 2004, extended the prohibition on trafficking in persons for sexual purposes to also include internal trafficking and trafficking for purposes of non-sexual exploitation, i.e. military service, forced labour, or the removal of organs (section 1(a)(1)). Section 1(a)(2) states that a person who commits an act constituting trafficking in persons pursuant to section 1(a)(1) against another person under the age of 18 years, shall be liable to the same penalty even if no improper means mentioned in section 1(a)(1), such as unlawful coercion, deceit and exploitation of a vulnerable situation, were used towards the child.

2. Forced or compulsory labour. The Committee had previously noted that Chapter 4, section 3, of the Penal Code, prohibited, by unlawful coercion or deceit, a person to enter into forced labour. It notes the Government’s information that this provision has been repealed and replaced with a new section 1(a), which prohibits trafficking in persons for the purpose of exploiting them for military service or forced labour or any such state of coercion.

3. Compulsory recruitment of children for use in armed conflict. The Committee had previously noted that, according to section 5 of the Defence Act, military service is compulsory only for Swedish men and applies from the calendar year in which the person liable for defence service attains the age of 19. The Committee notes the Government’s information that the Children’s Ombudsman has remarked that the Total Defence Duty Act should be amended as to make clear that service by children under the age of 18 years may not involve the bearing of arms. The Committee requests the Government to keep it informed on any amendment to the Total Defence Duty Act.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee had previously noted that, according to Chapter 6, section 10, of the Penal Code, a person who, by promising or giving recompense, obtains or tries to obtain casual sexual relations with a person under 18 years of age, commits an offence. The Committee notes with interest the Government’s information that the new legislation on sexual crimes entered into force on 1 April 2005 with the purpose of strengthening the protection for children and young people from sexual violation. It also notes the Government’s information that, in this context, the ban on child prostitution is strengthened by extending the penal prohibition to include the purchase of sexual acts from children in situations other than pure prostitution, that may ultimately lead the child into prostitution. This situation occurs, for example, when a person takes advantage of a young person’s lack of maturity and by giving compensation, attracts and exploits a sexual act paid for by another person. The Committee notes the Government’s information that the scope of this provision now also includes a person who exploits a sexual act paid for by another person. It notes the Government’s information that the previous classification of the crime provided for in Chapter 6, section 10, as “seduction of youth” has been replaced with “purchase of a sexual act from a child”.

Clause (c). The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that, while the Narcotic Drugs (Punishments) Act of 1968 prohibits the transfer, manufacture, acquisition for the purpose of transfer, possession, use or handling, procuring, offering, or sale of narcotic drugs, the use, procuring or offering of a child for these activities is not expressly prohibited. The Committee notes the Government’s information that the Children’s Ombudsman takes the view that at least parts of the stipulation of prohibiting the exploitation of children for drug production and trading should come under the new provisions of the Penal Code concerning trafficking in persons. It also notes the Government’s information that the Narcotic Drugs (Punishments) Act prohibits, amongst other things, the use of intermediaries between seller and buyer and other measures calculated to promote drug trading. It further notes the Government’s information that the Children’s Ombudsman believes that there may be cause for a closer inquiry to establish whether all requirements of Article 3(c) of the Convention have been met. The Committee requests the Government to keep it informed of the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs.

Article 3(d). Hazardous work. Work on board ships. Following its previous comments, the Committee notes the Government’s information that work is now in progress at the Swedish Maritime Safety Inspectorate in order to adopt a new Ordinance concerning the work environment on board ships. The draft Ordinance includes special rules applicable to minors (Chapter 6). In particular, Chapter 6, section 5, states that a minor may not be engaged to perform duties on board ship listed in Annex 7, with certain specified exceptions. Moreover, section 7 states that a minor may not on any account be engaged or perform work listed in Annex 8 to the Ordinance. The Committee notes the Government’s statement that the new Ordinance is planned to come into force on 1 January 2006. It requests the Government to keep it informed of the adoption of the Ordinance and provide a copy of the text in force as soon as it has been adopted.

Article 4, paragraph 3. Periodic review of the list of the types of hazardous work. The Committee notes the Government’s information that, owing to the pressure of work, reworking of the Provisions on Minors at Work (AFS 1996:1) has not yet started. It is expected that the process begin in 2006 and it will presumably take two or three years to complete. The Committee takes note of this information and requests the Government to supply a copy of the new list of types of hazardous work prohibited for children as soon at it has been adopted.

Article 5. Monitoring mechanisms. 1. Work Environment Authority and the Maritime Safety Inspectorate. The Committee notes the Government’s information that the Work Environment Authority and the Maritime Safety Inspectorate seldom carry out inspections solely for the purpose of examining the work environment of minors, the reason being that so few minors in Sweden are gainfully employed. It notes the Government’s information that, if it comes to the knowledge of the Working Environment Authority that minors are being employed on work from which they ought to be excluded by virtue of the Provisions on Minors at Work, the Authority orders rectification. The question of special hazards to minors is raised, if relevant, in the course of inspections with reference to systematic work environment management. The Committee also notes the Government’s information that in the context of the 2006 European Week for Safety and Health at Work, which targets young persons, the Work Environment Authority’s inspections will focus on the work environment for young persons. Furthermore, the ELMIA fair, which is one of the Sweden’s biggest trade fairs, will also be focusing on young persons in 2006. The Committee takes note of this information.

2. Children’s Ombudsman. The Committee notes that, by virtue of the Children’s Ombudsman Act of 1993, as amended in 2002, the Children’s Ombudsman shall: (1) propose to the Government the amendments to laws or other measures need to accommodate the rights and interests of children and young people; (2) disseminate information, mold opinion and take initiatives for other suitable measures; (3) represent the rights and interests of children and young people in the public debate; (4) assemble knowledge and compile statistics on the living conditions of children and young people; and (5) follow international developments regarding the interpretation of the Convention on the Rights of the Child and its application. The Committee notes the Government’s information that the Children’s Ombudsman recently inaugurated a project aimed at strengthening the child’s perspective in the work of public prosecutors, in order to enable prosecutors to improve their handling of alleged violence and sexual offences against children. It also notes the Government’s information that the Children’s Ombudsman takes the view that children must be actively involved in the task of preparing and implementing action plans against the worst forms of child labour and given more information about the ILO Convention on the worst forms of child labour.

Article 6. Programmes of action to eliminate, as a priority, the worst forms of child labour. The Committee notes the Government’s information that a National Plan to Combat all Forms of Trafficking in Persons was drawn up on 21 October 2004. On the same date, an interdepartmental task force was appointed to draft a National Action Plan for Combating Prostitution and Trafficking in Persons, women and children especially, for sexual purposes. Moreover, on 30 June 2005, an interdepartmental task force was appointed to compile an overview on which to base a draft National Action Plan for Combating Trafficking in Persons for Labour Exploitation and Trafficking in Organs, together with other forms of exploitation. This should be completed in spring 2006. The Committee requests the Government to provide information on the implementation of the abovementioned national plans of actions and results attained, including any relevant impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee had previously noted that the Penal Code establishes sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting: the trafficking of children for the purpose of sexual exploitation (Chapter 4, section 1(a)); procuring child prostitution (Chapter 6, section 10); using or procuring a child for pornography (Chapter 16, section 10(a)) or pornographic performances (Chapter 6, section 7(1) and (2)). The Committee notes that, pursuant to the legislative reform concerning trafficking, the penalties provided in Chapter 4, section 1(a) are extended to the new offences included in this section, such as trafficking of children for labour exploitation, forced labour and military service. It notes the Government’s information that, on 1 April 2005, the maximum penalty for an aggravated child pornography offence was raised from four to six years’ imprisonment. It also notes the Government’s information that the new offence of “exploitation for sexual posing” is punishable by a fine of up to two years’ imprisonment (Chapter 6, section 8).

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for removal of children from the worst forms of child labour. 1. Child victims of prostitution. The Committee had previously noted that the police may intervene against young persons, who, for example, pose in sex clubs or are involved in street prostitution. It had also noted that the police is empowered to take persons that appear to be under 18 years of age in charge if they are found in conditions obviously implying an imminent and serious risk to their health and development. The Committee had noted that, by virtue of section 3 of the Care of Young Persons (Special Provision) Act, the community is empowered to intervene on a coercive basis if, for example, a young person is exposing health or development to a palpable risk of harm through socially degrading behaviour, such as performing in sex clubs or engaging in prostitution. The Committee notes the Government’s information that, on 1 November 2004, there were some 4,500 children receiving care under the Care of Young Persons (Special Provisions) Act. Some 71 per cent of these children were taken in charge due to deficiencies in their home environment, 25 per cent due to their own socially destructive behaviour, and 4 per cent on account of deficiencies in both respects. It also notes the Government’s information that care orders under the Care of Young Persons (Special Provisions) Act are made by the County Administrative Court, following application by a municipal social welfare committee. Children made the subject of care orders must have an individual care plan and treatment plan. The Committee requests the Government to indicate how many of the children receiving care under the Care of Young Persons (Special Provisions) Act are former victims of prostitution. It also asks the Government to continue providing information on the number of children withdrawn from prostitution pursuant to the intervention of the police or to care orders, and on measures taken to rehabilitate and reintegrate these children.

2. Children in need of protection. The Committee notes that, according to the Children’s Ombudsman Act, the Ombudsman shall report to the social services committee if information is received that a child is abused at home or is in need of protection. The Committee requests the Government to indicate whether children have been withdrawn from prostitution and trafficking pursuant to reports by the Children’s Ombudsman. If so, it requests the Government to specify the number of children withdrawn from prostitution and from trafficking respectively.

Article 8. International cooperation and assistance. The Committee notes the Government’s information that child workers are a priority target group for the Swedish International Development Authority (SIDA). It notes the Government’s information that since 1998 SIDA has been supporting international organizations and NGOs working to abolish the worst forms of child labour. It has in particular contributed to ILO/IPEC programmes in India (slavery), United Republic of Tanzania and Kenya (child domestic workers). SIDA also contributed to the ILO, UNICEF and the World Bank Programme “Understanding Children’s Work”. It notes the Government’s information that, with regard to trafficking, prostitution and sexual exploitation, SIDA has launched 54 initiatives between 1994 and 2004, mainly in Eastern Europe, in collaboration with UNICEF, IOM, Anti-Slavery International, ECPAT and local NGOs. The Committee further notes the Government’s information that child soldiers forcibly recruited in armed conflicts are another important target group for SIDA’s initiatives. In this regard, SIDA, in collaboration with UNICEF and Save the Children, provides support for the demobilization, rehabilitation and reintegration of child soldiers, especially in Sudan, Rwanda, Uganda and Colombia. Furthermore, SIDA supports educational measures aimed at promoting free education (Education For All; Fast Track Initiative, and the United Nations Girls’ Education Initiative) and preventing children and young persons from entering harmful employment. Finally, SIDA also promotes preventive campaigns, including awareness raising to counteract the worst forms of child labour. The Committee requests the Government to continue providing information on the activities of SIDA and their impact on the elimination of the worst forms of child labour.

Part III of the report form. Noting the absence of information on this point, the Committee once again requests the Government to supply information on any court decisions regarding the legislation relevant to the application of the Convention as soon as it becomes available.

Part V. The Committee notes the Government’s information that the report of the Commission on Knowledge concerning Sexually Exploited Children in Sweden shows that a considerable number of children are subjected to sexual exploitation in Sweden, though the exact number is uncertain, and that poverty, patriarchal structures and sexualization of society are a breeding ground for exploitation. It also notes the Government’s statement that there are presumably not many workplaces, amongst those inspected, where minors are employed at all. In 2002, there were only 178 minors in the labour market, and most of these attained the age of 18 during the calendar year. The Committee further notes the Government’s indication that the number of minors gainfully employed today is probably no greater, but the Work Environment Authority has not targeted the workplaces of these 178 minors for inspection. The Committee requests the Government to continue providing information on the nature, extent and trends of the 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 penalties imposed.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s first report. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee observes the Government’s indication that the Penal Code was amended in 2002 to prohibit cross-border trafficking for sexual exploitation. Chapter 4, section 1(a) of the Penal Code provides for criminal responsibility for anyone who: (i) by the use of unlawful coercion, deception or of any other similar improper means, induces another to go to or to be transported abroad for the purpose of sexual offences, prostitution or other forms of exploitation for sexual purposes; (ii) for such a purpose and by the use of such improper means as mentioned transports, harbours or receives someone who has arrived to a country under such conditions; and (iii) commits any such act against a victim who has not attained 18 years of age, even if no improper means have been used. According to Chapter 4, section 3 of the Penal Code, it is prohibited to induce someone to go or remain in a place abroad where that person may be in danger of being exposed to persecution or exploited for casual sexual relations or otherwise fall into distress. The Committee notes that the trafficking of children for labour exploitation is not expressly prohibited. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children for labour or sexual exploitation constitutes one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on the types of activities which are likely to place a person in a distressful situation, pursuant to Chapter 4, section 3 of the Penal Code. It also asks the Government to provide information on any envisaged amendment to the Penal Code that would expressly prohibit the sale and trafficking of children under 18 years of age for labour exploitation.

2. Forced or compulsory labour. The Committee notes the Government’s indication that Chapter 2, article 8 of the Constitution states that "all citizens shall be protected against deprivation of liberty in their relations with the public administration". The Government states that the "travaux préparatoires" of the Constitution make clear that the abovementioned provision is to be construed as unequivocally prohibiting conditions resembling slavery or forced labour, even though the provision is not expressly formulated as a prohibition to this effect. The Committee also notes that, according to Chapter 4, section 3 of the Penal Code, it is prohibited to cause, by unlawful coercion or deceit, the entry of someone into work service or other similar condition of restraint. The Committee requests the Government to provide information on the meaning of the terms "work service" used in Chapter 4, section 3 of the Penal Code and its application in practice.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes the Government’s indication in its second report to the Committee on the Rights of the Child (CRC/C/65/Add.3, 11 February 1998, paragraph 209) that Swedish men are liable for compulsory military service from the calendar year in which they reach 18 years up to and including the year in which they reach 47 years. The Committee also notes the Government’s indication that, according to section 2 of the Total Defence Duty Act, Swedish citizens incur a duty of service within the total defence system from the beginning of the calendar year in which they attain 16 years of age. According to section 3 of the abovementioned Act, a person liable for total defence service is duty bound to serve in the total defence system to the extent which his/her physical strength and state of health permit. The Government adds that service of this kind is performed as compulsory military service, civil defence service or general compulsory service (section 4 of the abovementioned Act). The Government also states that, by virtue of section 5 of the same Act, military service is compulsory only for Swedish men and applies from the calendar year in which the person liable for total defence service attains the age of 19. The Government adds that work to which a person is liable for total defence service as part of general compulsory service may not, without that person’s consent, be combined with the use of arms against another (Chapter 6, section 2). The Committee asks the Government to supply a copy of the relevant provisions of the Total Defence Duty Act.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, according to Chapter 6, section 8(1) of the Penal Code, a person who promotes or improperly exploits financially the casual sexual relations for payment of another person commits an offence. Chapter 6, section 8(2) of the abovementioned Code also states that a person who, holding the right to use premises, grants the right to use them to another person knowing that the premises are wholly or substantially used for casual sexual relations for payment and omits to do what can reasonably be expected to terminate the granted right, will be considered to have promoted such activities and consequently be prosecuted. Chapter 6, section 10 of the Penal Code provides that a person who, by promising or giving recompense, obtains or tries to obtain casual sexual relations with a person under 18 years commits an offence.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that Chapter 6, section 7(1) of the Penal Code states that a person who induces a child to undertake or participate in an act with sexual implications commits an offence. According to Chapter 6, section 7(2) of the Penal Code, it is also prohibited to induce, by coercion, seduction or other improper influence, a person aged 15 to 18 to undertake or participate in an act with sexual implications if the act is an element in the production of pornographic pictures or constitutes pornographic posing in circumstances other than those relating to the production of a picture. Section 10(a) of Chapter 16 of the Penal Code states that it is an offence to: (i) portray a child in a pornographic picture; (ii) disseminate, transfer, grant use, exhibit or in any other way make such a picture of a child available to some other person; (iii) acquire or offer such a picture of a child; (iv) bring about contact between a buyer and a seller of such pictures of children or take any other similar step to facilitate dealing in such pictures; or (v) possess such a picture of a child. Under Chapter 16, section 10 of the Penal Code, the term child refers to a person whose pubertal development is not complete or, a person who appears to be, from the picture, under 18 years of age. It is also prohibited to disseminate, even by negligence, a picture of the kind described above for the purpose of making money (Chapter 16, section 10(a), subsection (4) of the Penal Code).

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the absence of information in the Government’s report on the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that section 1 of the Narcotic Drugs (Punishments) Act of 1968, prohibits the transfer, manufacture, acquisition for the purpose of transfer, possession, use or handling, procuring, offering, or sale of narcotic drugs. Noting that the use, procuring or offering of a child for the abovementioned activities is not expressly prohibited, the Committee reminds the Government that the prohibition contemplated in Article 1 read with Article 3(c) of the Convention includes the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs. In this regard, the Committee draws the Government’s attention to its obligation under Article 1 to take immediate measures to secure the prohibition. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 for the production and trafficking of drugs.

Clause (d). Hazardous work. The Committee observes that, by virtue of Chapter 5, sections 1 and 3 of the Work Environment Act, a minor under 18 years of age "may not be used for or carry out work in a manner entailing a risk of accidents or of overexertion or any other harmful effect on the minor’s health or development".

Work on board ships. The Committee observes that section 4 of the Work Environment Act states that the Act does not apply to ship work other than work on warships. It also notes the Government’s indication that the Proclamation of the Swedish Maritime Administration (SJOFS A 13) prohibits the employment of minors for certain types of work on board ships. According to the Government’s indication, it is prohibited to employ a minor under 18 years of age in 11 types of work on board ships including for instance: pickling with a toxic or harmful substance; welding or cutting with a gas or electric arc; handling of a poison or a product equated therewith and class 1 pesticide; work in connection with dust, smoke or vapour having a toxic, corrosive, or otherwise harmful effect; work as the driver or operator as a hoist, crane or other such device, etc. The Committee requests the Government to supply a copy of the Proclamation.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that, according to Annex 2 of the Provisions of the National Board of Occupational Safety and Health on Minors at Work, the following tasks shall not be performed by minors: (i) work under water or at elevated pressure in a pressure tank, caisson or such like (diving work); (ii) work which adults may only undertake by special permission of the Work Environment Authority as provided in the Provisions on Occupational Exposure Limit Values; (iii) demolition work which adults may only undertake by special permission of the Work Environment Authority as provided in the Provisions on Asbestos; (iv) work with experimental types of cancer research or work taking place on the same premises as such research work; (v) work on premises where micro-organisms are used which belong to safety classes 3 and 4 under the Provisions on Biological Substances; or (vi) work entailing a risk of contact with human blood which is presumably infected.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee reminds the Government that, according to Article 4(2), of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken in this regard.

Paragraph 3. Periodic review of the list of the types of hazardous work. The Committee notes the Government’s indication that the annexes to the Provisions of the National Board of Occupational Safety and Health on Minors at Work of 1996, that lists the types of hazardous work prohibited for minors, have not yet been revised The Government adds that they will be reviewed in 2004-06. The Committee accordingly requests the Government to supply a copy of the new list of hazardous work prohibited for children under 18 once adopted.

Article 5. Monitoring mechanisms. 1. Work Environment Authority and the Maritime Safety Inspectorate. The Committee notes the Government’s indication that the Work Environment Authority is responsible for monitoring the implementation of the Work Environment Act which prohibits the employment of persons under 18 in hazardous work. The Committee also notes that, according to Chapter 7, section 1, of the Work Environment Act, the Maritime Safety Inspectorate is the monitoring authority with regard to warships. The aforementioned supervising authorities are entitled, on request, to receive information, documents and samples to order the investigations required for the enforcement of the abovementioned Act (Chapter 7, section 1, of the Work Environment Act). They are entitled to access worksites and carry out investigations, and may, to this end, be assisted by the police (Chapter 7, section 5, of the Work Environment Act). The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/125/Add.1, 12 July 2004, paragraph 590) that the monitoring of compliance with the rules governing minors is an integral part of the day-to-day activities of the Work Environment Authority and the Maritime Safety Inspectorate. The Government adds that the appreciation of the fact that special rules apply to minors is now widespread and is reflected in the number of inquiries concerning their application. The Committee requests the Government to provide information on the activities of the Work Environment Authority and the Maritime Safety Inspectorate, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

2. Children’s Ombudsman. The Committee notes the Government’s indication that the Ombudsman for children is responsible for monitoring issues concerning the rights and interests of children and young persons, including provisions giving effect to Convention No. 182. The Committee requests the Government to provide further information on the activities of the Ombudsman for children.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the absence of information in the Government’s report on this point. However, it notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/125/Add.1, 12 July 2004, paragraphs 601-609), that following the 1996 Stockholm World Congress against Commercial Sexual Exploitation of Children, Sweden launched, in 1998, a National Plan of Action against the Commercial Sexual Exploitation of Children. Following the second World Congress against Commercial Sexual Exploitation of Children in December 2001, the Government updated the National Plan of Action. The two main objectives were to expand it and to make it easier to follow up. Thus, the Government has appointed, in February 2002, a working group whose mandate is to collect, by 2004, facts and information about the sexual exploitation of children in Sweden and to identify actors who could build up a network for the exchange of experiences and information. The working group will also examine the need for efforts to influence public attitudes on issues related to the sexual exploitation of children, follow up the National Plan of Action and, where necessary, decide whether further action is needed by the Government. The Committee asks the Government to provide information on the findings of the working group with regard to child victims of sexual exploitation in Sweden and to indicate the measures taken or envisaged by the Government pursuant to this study.

Article 7, paragraph 1. Penalties. The Committee observes that, according to Chapter 4, section 1(a) of the Penal Code, as amended in 2002, a person who trafficks a child under 18 into another country for sexual exploitation is liable to two to ten years’ imprisonment. Chapter 4, section 3, of the Penal Code, provides that a person who causes, by unlawful coercion or deceit, the entry of someone into work service or other similar condition of restraint, or induces someone to go or remain in a place abroad where he/she may be exposed to prosecution or exploited for prostitution or otherwise fall in distress is liable to imprisonment for one to ten years. It also notes that, according to Chapter 6, section 8(1) of the Penal Code, a person who promotes or improperly exploits the prostitution of another person is liable to a maximum of four years’ imprisonment. The same penalties apply to a person who, holding the right to use premises, grants this right to another person knowing that the premises are wholly or substantially used for prostitution and omits to do what can reasonably be expected to terminate the granted right (Chapter 6, section 8(2) of the abovementioned Code). Chapter 6, section 10, of the Penal Code provides that a person who, by promising or giving recompense, obtains or tries to obtain casual sexual relations with a person under 18 is liable to a fine or a maximum of six months’ imprisonment. The Committee notes that Chapter 6, section 7(1), of the Penal Code states that a person who induces a child to undertake or participate in an act with sexual implication is liable to a fine or to a maximum of two years’ imprisonment. According to Chapter 6, section 7(2), of the Penal Code, the same penalty will apply to a person who, by coercion, seduction or other improper influence induces a person aged 15 to 18 to undertake or participate in an act with sexual implication if the act is an element in the production of pornographic pictures or constitutes pornographic posing in circumstances other than those relating to the production of a picture. The Committee further observes that, according to Chapter 16, section 10(a), of the Penal Code, a person who: (i) portrays a child in a pornographic picture; (ii) disseminates, transfers, grants, uses, exhibits or in any other way makes such a picture of a child available to some other person; (iii) acquires or offers such a picture of a child; (iv) brings about contact between a buyer and a seller of such pictures of children or takes any other similar step to facilitate dealing in such pictures; or (v) possesses such a picture of a child, is liable to a maximum of two years’ imprisonment.

The Committee notes that, by virtue of Chapter 8, section 2, of the Work Environment Act, a fine may be imposed on persons who intentionally or negligently employ a minor under 18 in hazardous work, in contravention of Chapter 5, section 3. Noting the absence of a minimum amount of the fine imposed under Chapter 8, section 2, of the Work Environment Act, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that a person who employs a child under 18 years in breach of the provisions of the Work Environment Act is liable to sufficiently effective and dissuasive penalties.

Noting the absence of information in the Government’s report on the applicable penalties for a person who employs a child on board ships in hazardous working conditions in contravention of the Proclamation of the Swedish Maritime Administration, the Committee asks the Government to provide information on applicable penalties.

Paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on the existence of effective and time-bound measures (d) to identify and reach out to children at special risk; and (e) to take account of the special situation of girls. The Committee accordingly requests the Government to supply information on the time-bound measures taken or envisaged, as required under Article 7(2) (d) and (e) of the Convention.

Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. 1. Nordic-Baltic campaign. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/125/Add.1, 12 July 2004, paragraph 635) that the aim of the Swedish part of the Nordic-Baltic campaign against trafficking in women is to heighten public awareness in Sweden about prostitution and global trafficking in women and children by means of education and information. The Committee asks the Government to provide information on the concrete measures taken within the framework of the Nordic-Baltic campaign against trafficking in women and their impact on preventing and combating the trafficking of children under 18 years for sexual exploitation and child prostitution.

2. Ensuring access to free basic education. The Committee notes that Chapter 2, article 21, of the Constitution states that all children covered by compulsory schooling shall be entitled to free basic education in public schools. A foreign national has a similar right to education (Chapter 2, article 22(10) of the Constitution). The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/125/Add.1, 12 July 2004, paragraph 477) that it took action to increase grants, fund professional development programmes for teachers, review policy documents, evaluate public programmes and required municipalities to improve their reporting on quality development. The Government adds that the results of these actions will not be evident until later. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee asks the Government to provide information on the impact of these actions on access to free basic education.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Child victims of prostitution. The Committee notes the Government’s indication that the police may intervene against young persons who, for example, pose in sex clubs or are involved in street prostitution. The Government adds that, by virtue of section 12 of the Police Act, the police is empowered to take a person presumably aged under 18 in charge if that person is found in conditions obviously implying an imminent and serious risk to health and development. The Committee asks the Government to provide information on the number of children withdrawn from street prostitution and the measures provided to them to ensure their rehabilitation and social integration.

2. Children in hazardous occupations. The Committee notes the Government’s indication that, by virtue of section 3 of the Care of Young Persons (Special Provisions) Act (No. 1990:52), the community is empowered to intervene on a coercive basis if, for example, a young person is exposing health or development to a palpable risk of harm through socially degrading behaviour, such as performing in sex clubs or engaging in prostitution. Noting the Government’s statement that care can be provided for persons aged 18 to 20 years, the Committee requests the Government to provide information on the measures taken or envisaged to ensure the rehabilitation and social integration of children under 18 years engaged in activities likely to harm their health or development. It also asks the Government to provide further information on the persons entitled to withdraw children under 18 who expose their health or development to a palpable risk of harm.

Article 8. 1. International cooperation. The Committee notes that Sweden is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1990, and the Protocol on the involvement of children in armed conflict in 2003, and signed in 2000 the Optional Protocol on the sale of children, child prostitution and child pornography.

2. Trafficking of children. The Committee notes that Rules on International Legal Assistance in Criminal Matters were adopted in 2000. This Act extends the possibilities for Swedish authorities to assist foreign States for the purpose of criminal investigations and criminal proceedings. The Committee also notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/125/Add.1, 12 July 2004, paragraph 641) that Sweden supports a number of efforts to combat human trafficking in Central and Eastern Europe, including the western Balkans, as well as in South and South East Asia and in West Africa. Swedish assistance has mainly been channelled via international organizations such as the IOM, UNICEF, and the United Nations Economic and Social Commission for Asia and the Pacific (ESCAP), but also non-governmental organizations. The Government adds that, in June 2002, it decided to commit further resources to Swedish programmes against human trafficking primarily in North Western Russia, the Baltic States, Belarus and Ukraine. The Committee also notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/125/Add.1, 12 July 2004, paragraph 629) that the Baltic Sea Prosecutors-General under the auspices of the Task Force on Organized Crime in the Baltic Sea Region, have established a special working group on trafficking in and sexual abuse of children and women. The Committee asks the Government to provide information on the impact of the measures of cooperation and assistance on eliminating the trafficking of children for labour or sexual exploitation.

3. Child pornography. The Committee takes note of the Government’s indication to the Committee on the Rights of the Child (CRC/C/125/Add.1, 12 July 2004, paragraphs 618-621) that the National Criminal Investigation Department (hereinafter NCID), and more particularly the Special Objects Unit, is responsible for police work in cases of sexual exploitation of children, including child pornography. The Special Objects Unit informs Interpol when an investigation reveals data with international ramifications. The NCID has issued an action plan for international police work on child sex offences and child pornography. According to the action plan, the NCID shall: (i) document child sex abuse and the circulation of child pornography; (ii) collaborate with other organizations; (iii) establish cross-matching procedures for child pornography material; (iv) further develop these procedures; (v) assist with searches and provide investigation resources; (vi) prevent child sex abuse with the help of liaison officers; and (vii) assist with training. The Special Objects Unit gathers and systemizes pictures that come into its possession in a digital reference library comprising pornographic images of children. The Government also states that the digital reference library has proved a highly effective tool in the fight against child pornography offences. The Unit assists countries worldwide with searches and investigations. The Committee asks the Government to provide information on the impact of the NCID work on eliminating child pornography worldwide.

4. Poverty elimination. The Committee notes the Government’s indication that Sweden contributes through the Swedish International Development Authority (hereinafter SIDA) to eliminate poverty worldwide. The Committee also observes that Sweden has long-term development cooperation agreements with Bangladesh, Sri Lanka, Cambodia, Viet Nam and Laos, and with the West Bank/Gaza. Other countries receiving support are Afghanistan, Thailand, the Philippines, China and Indonesia. It also cooperates with 18 African countries, seven countries in Latin America and countries from Central America and the Caribbean. The Committee notes that these programmes contribute to breaking the cycle of poverty which is essential for the elimination of the worst forms of child labour. The Committee accordingly asks the Government to supply information on any notable impact of these poverty reduction programmes towards eliminating the worst forms of child labour.

Part III of the report form. Noting the absence of information in the Government’s report on this point, the Committee requests the Government to supply information on any court decisions regarding the legislation relevant to the application of the Convention.

Part V. The Committee asks the Government 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 information on the nature, extent and trends of those 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.