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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 7(2) of the Convention. Effective and time-bound measures. Clause (d). Children at special risk. Roma children. The Committee previously noted that the level of education of the Roma population remains lower than for the rest of the population and that the rate of absenteeism in compulsory secondary education is higher for Roma children than for the rest of the population. The Committee asked the Government to continue providing information on the results achieved as part of the National Strategy for Roma Integration in Spain (2012–20) with the aim of improving access to education for Roma children and maintaining their presence in the education system.

The Committee notes the Government’s indications in its report concerning the results achieved through the National Roma Integration Strategy in Spain (2012–20) aimed at improving access to education for Roma children and maintaining their presence in the education system. The Government’s interim report for 2012–16 indicates an increase in the rate of young persons completing post-compulsory education (from 2.6 per cent to 7.7 per cent), an increase in the percentage of students of Roma origin in the 13–15 age group who attend school (up 8 per cent for boys and up 17.5 per cent for girls) and a reduction in the illiteracy rate among the Roma population (down to 1.9 per cent). However, the Committee notes the Government’s indications that there is no up-to-date information on: (i) the increase in the school attendance of the Roma population in pre-school and primary education; (ii) progress towards universal schooling; (iii) the drop-out rate before the end of compulsory schooling; and (iv) the number of diplomas obtained by Roma children at the end of secondary schooling in relation to their attendance rate.

The Committee duly notes the adoption of the 2018–20 operational plan relating to the effective implementation of the National Strategy for Roma Integration in Spain (2012–20), which establishes the work framework to be followed, specifically for the various administrative entities (central government, autonomous communities and local bodies). Education is one of the four main components of this strategy, and there are additional components for addressing discrimination, including against the Roma population. The operational plan includes the MUS-E programme for the educational and cultural integration of socially disadvantaged pupils through artistic activities in primary, secondary and specialist education centres. Furthermore, teaching materials relating to the Roma population for use in primary and secondary education have been developed. These are awaiting review in the primary sector and awaiting further development in the secondary sector.

The Committee notes the different financial resources allocated to activities for the integration of the Roma community: (i) the Ministry of Health, Consumer Affairs and Social Welfare has allocated a budget for the Roma community of which 82 per cent is allocated to activities aimed at employment, social inclusion and education. This financial aid increased from €8,833,904.99 in 2015 to €14,217,963.26 in 2017; (ii) the above-mentioned Ministry awards subsidies to implement programmes for cooperation and social volunteer work, with priority given to capacity-building for Roma women and the strengthening of educational activities to combat absenteeism and school wastage; (iii) in 2018, the Ministry also continued to co-finance the autonomous communities and local entities in the implementation of comprehensive social action projects covering health care, prevention, action against marginalization and integration of the Roma population, with a total budget of over €2,400,000; and (iv) the European Social Fund increased its financial support from 8,111,140 euros in 2015 to €9,903,042.52 in 2017, including 6 per cent for general education and 5 per cent for education and social inclusion.

However, the Committee notes that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of 5 March 2018 (CRC/C/ESP/CO/5-6, paragraphs 39–44), expressed concern that, despite the Government’s efforts, education is implemented unevenly in the various autonomous communities. It also expressed concern at the high rate of young persons leaving education and training early and at the fact that almost one fifth of all secondary school students, particularly immigrant children, Roma girls and children living in poverty, do not obtain the compulsory education diploma. The poorest education results are recorded for children of Roma origin and from migrant backgrounds, who appear to be concentrated in certain schools. While duly noting the measures taken by the Government to ensure that children from the Roma community are not exposed to the worst forms of child labour and are integrated into society, the Committee encourages the Government to pursue its efforts to integrate these children into primary, secondary and higher education. The Committee requests the Government to continue providing detailed information on the results achieved through the National Strategy for Roma Integration in Spain (2012–20) and other related activities. Please provide information disaggregated by gender, age and ethnic origin.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Article 7(2)(a) and (b) below), as well as on the basis of the information at its disposal in 2019.

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

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

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

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

The Committee also notes the statistics provided by the Government relating to children who are victims of trafficking for labour exploitation, begging and criminal activities. In 2016, no cases of trafficking of children for labour exploitation were recorded. In 2017 and 2018, four cases of trafficking of children for labour exploitation were recorded each year. In 2019, the Government indicates that 16 child victims of trafficking for labour exploitation were removed from this worst form of child labour. Between 2016 and 2018, the Government recorded ten cases of children involved in criminal activities and four cases of children used for begging.

The Committee takes due note of the inclusion of a specific provision on persons working with minors, in order to check that there is no previous history of sexual offences against children or trafficking offences for sexual exploitation, in the Bill for the comprehensive protection of children and young persons from violence. The Committee also notes the Government’s supplementary information, according to which the Bill amends the reformed text of the Act respecting social offences and penalties (approved by Legislative Decree No. 5/2000 of 4 August) through the introduction of a new offence of employment of persons who have committed sexual crimes against children. In addition, the Government refers to several measures envisaged in the Bill, including: (i) the general obligation to report to the competent authority any situation of violence towards children or young persons; (ii) the establishment of specialized units for awareness-raising and the prevention of situations of violence against minors in the national security forces and institutions; and (iii) the preparation of specific action protocols covering trafficking in persons, and the abuse and sexual exploitation of minors living in protection centres. The Bill is being drawn up by the Ministry of Health, Consumer Affairs and Social Welfare, the Ministry of Justice and the Ministry of the Interior. It is intended to achieve Goal 16.2 of the 2030 Sustainable Development Agenda, that is to end abuse, exploitation, trafficking and all forms of violence and torture against children. The Committee notes that in its observations the CEOE emphasizes the importance of the participation of trade unions and occupational associations in this process to ensure progress and substantive changes to the draft legislation, in view of their knowledge of the social and economic situation in Spain.

The Committee also notes the amendments to sections 177 bis (6) and 192(3) of the Penal Code prohibiting any person who has committed sexual crimes against children or the trafficking of persons for sexual exploitation from exercising an occupation or conducting a business, whether or not it is remunerated, which involves regular and direct contact with minors.

The Committee further notes that the appendix to the Framework Protocol for the protection of victims of human trafficking concerning action for the identification and provision of care for child victims of trafficking entered into force on 1 December 2017. The Committee notes the CEOE’s indication that the network of Spanish enterprises is mainly composed of small and medium-sized enterprises (SMEs) and microenterprises and that it is once again calling on the Government to take the social partners into consideration in the context of the training initiatives under the Framework Protocol. The Committee notes the Government’s indication that, in the context of the plans of action of the labour inspectorate, the participation of occupational associations and trade unions has been ensured through a general council, in accordance with section 11 of the regulations governing the work of the National Labour and Social Security Inspectorate (Royal Decree No. 192/2018). The Committee requests the Government to continue its efforts to protect children under 18 years of age against trafficking in persons, and to involve the social partners in the measures and action taken. The Committee also requests the Government to provide detailed information on the procedure followed and the results achieved in the context of the Protocol on unaccompanied foreign minors and the appendix to the Framework Protocol for the protection of victims of human trafficking. Finally, it requests the Government to provide information on the adoption of the Bill for the comprehensive protection of children and young persons from violence, and a copy once it has been adopted.

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

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

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

The Committee is raising other matters in a request addressed directly to the Government, which reiterates the content of its previous direct request adopted in 2019.

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

Article 7(2) of the Convention. Effective and time-bound measures. Clause (d). Children at special risk. Roma children. The Committee previously noted that the level of education of the Roma population remains lower than for the rest of the population and that the rate of absenteeism in compulsory secondary education is higher for Roma children than for the rest of the population. The Committee asked the Government to continue providing information on the results achieved as part of the National Strategy for Roma Integration in Spain (2012–20) with the aim of improving access to education for Roma children and maintaining their presence in the education system.

The Committee notes the Government’s indications in its report concerning the results achieved through the National Roma Integration Strategy in Spain (2012–20) aimed at improving access to education for Roma children and maintaining their presence in the education system. The Government’s interim report for 2012–16 indicates an increase in the rate of young persons completing post-compulsory education (from 2.6 per cent to 7.7 per cent), an increase in the percentage of students of Roma origin in the 13–15 age group who attend school (up 8 per cent for boys and up 17.5 per cent for girls) and a reduction in the illiteracy rate among the Roma population (down to 1.9 per cent). However, the Committee notes the Government’s indications that there is no up-to-date information on: (i) the increase in the school attendance of the Roma population in pre-school and primary education; (ii) progress towards universal schooling; (iii) the drop-out rate before the end of compulsory schooling; and (iv) the number of diplomas obtained by Roma children at the end of secondary schooling in relation to their attendance rate.

The Committee duly notes the adoption of the 2018–20 operational plan relating to the effective implementation of the National Strategy for Roma Integration in Spain (2012–20), which establishes the work framework to be followed, specifically for the various administrative entities (central government, autonomous communities and local bodies). Education is one of the four main components of this strategy, and there are additional components for addressing discrimination, including against the Roma population. The operational plan includes the MUS-E programme for the educational and cultural integration of socially disadvantaged pupils through artistic activities in primary, secondary and specialist education centres. Furthermore, teaching materials relating to the Roma population for use in primary and secondary education have been developed. These are awaiting review in the primary sector and awaiting further development in the secondary sector.

The Committee notes the different financial resources allocated to activities for the integration of the Roma community: (i) the Ministry of Health, Consumer Affairs and Social Welfare has allocated a budget for the Roma community of which 82 per cent is allocated to activities aimed at employment, social inclusion and education. This financial aid increased from €8,833,904.99 in 2015 to €14,217,963.26 in 2017; (ii) the above-mentioned Ministry awards subsidies to implement programmes for cooperation and social volunteer work, with priority given to capacity-building for Roma women and the strengthening of educational activities to combat absenteeism and school wastage; (iii) in 2018, the Ministry also continued to co-finance the autonomous communities and local entities in the implementation of comprehensive social action projects covering health care, prevention, action against marginalization and integration of the Roma population, with a total budget of over €2,400,000; and (iv) the European Social Fund increased its financial support from 8,111,140 euros in 2015 to €9,903,042.52 in 2017, including 6 per cent for general education and 5 per cent for education and social inclusion.

However, the Committee notes that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of 5 March 2018 (CRC/C/ESP/CO/5-6, paragraphs 39–44), expressed concern that, despite the Government’s efforts, education is implemented unevenly in the various autonomous communities. It also expressed concern at the high rate of young persons leaving education and training early and at the fact that almost one fifth of all secondary school students, particularly immigrant children, Roma girls and children living in poverty, do not obtain the compulsory education diploma. The poorest education results are recorded for children of Roma origin and from migrant backgrounds, who appear to be concentrated in certain schools. While duly noting the measures taken by the Government to ensure that children from the Roma community are not exposed to the worst forms of child labour and are integrated into society, the Committee encourages the Government to pursue its efforts to integrate these children into primary, secondary and higher education. The Committee requests the Government to continue providing detailed information on the results achieved through the National Strategy for Roma Integration in Spain (2012–20) and other related activities. Please provide information disaggregated by gender, age and ethnic origin.

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

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

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

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

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

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

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

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

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

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

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

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

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 7(2) of the Convention. Effective and time-bound measures. Clause (d). Children at special risk. Roma children. The Committee previously noted the adoption of the National Roma Integration Strategy in Spain (2012–20), one of the objectives of which is to improve access to education and maintain the presence of Roma children in compulsory schooling. As regards the results achieved in access to education for Roma children, the Government indicated that the access of Roma children to primary education had reached more or less normal levels. However, the Committee observed that, despite the measures adopted by Spain, the Roma continue to be exposed to discrimination in the exercise of economic, social and cultural rights, particularly in education, and that the reduction in school assistance forming part of the austerity measures has had a negative impact on access to education for Roma children.

The Committee notes the Government’s indication that the Operational Plan 2014–16 has been approved with a view to the effective implementation of the National Roma Integration Strategy. The Government also indicates that, according to a study entitled “Roma students in secondary education”, the level of education of the Roma population has gradually improved but remains lower than for the rest of the population and that the gap starts to widen before the end of compulsory schooling. The Committee further notes that the rate of absenteeism in compulsory secondary education is higher for Roma children than for the rest of the population. The Committee, therefore, encourages the Government to pursue its efforts to improve access to education for Roma children and maintain their presence in the education system as part of the National Roma Integration Strategy in Spain (2012–20). It also requests the Government to continue providing information on the results achieved in this respect.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations from the General Union of Workers (UGT), received on 22 August 2016, and from the Trade Union Confederation of Workers’ Committees (CCOO), received on 1 September 2016, as well as the Government’s report.

Article 7(2) of the Convention. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such labour and ensuring their rehabilitation and social integration. Trafficking for sexual exploitation. The Committee previously noted the numerous measures taken by the Government for combating the trafficking and sexual exploitation of children and young persons. However, the Committee also noted that, despite major efforts by the Government to combat this practice, there are significant gaps in the recording of data concerning foreign children intercepted at borders. The latter are not automatically registered in police databases, which prevents child protection services from being aware of their presence on the territory and from detecting children who are potential victims of trafficking.

The Committee notes the observation by the CCOO that there are some 45,000 women and girls who are victims of trafficking in Spain. Moreover, the Committee notes the Government’s indication in its report that a new “Comprehensive plan to combat the trafficking of women and girls for sexual exploitation (2015–18)” has been approved and that for the first time it includes a specific reference to girls, who are worst affected by the trafficking of young persons. The Committee notes with interest the entry into force in 2014 of a “Framework Protocol on certain measures concerning unaccompanied foreign minors (MENAS)”, which serves to rectify the shortcomings in the coordination and registration of such minors by the authorities. Children who have been intercepted are now automatically registered in police databases and a procedure has been established to ensure systematic follow-up and protection for them. However, the Committee notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC) in May 2016, the Ministry of the Interior recorded six children who were victims of trafficking for sexual exploitation in 2012 and 12 children who were victims in 2013, most of whom were girls between 14 and 17 years of age. Moreover, the Committee notes that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 29 July 2015, remained concerned about the prevalence of the trafficking of girls to Spain (CEDAW/C/ESP/CO/7-8, paragraph 22). The Committee encourages the Government to pursue its efforts to protect young persons under 18 years of age, particularly girls and migrant children, against trafficking for sexual exploitation. It requests the Government to supply information on the number of migrant children registered in the context of the Protocol and on the procedure implemented to ensure follow-up for them and prevent their involvement in the worst forms of child labour.

Clause (d). Children at special risk. Migrant children and unaccompanied minors. The Committee previously noted a reduction in the levels of effective protection as a result of the austerity measures adopted by Spain, which has had a disproportionate impact on the exercise of the rights of migrant children and asylum seekers. Furthermore, the Committee observed that education has been one of the sectors hardest hit by the budgetary restrictions and it asked the Government to intensify its efforts to protect migrant children, especially by ensuring their integration into the education system.

The Committee notes that, according to the observations from the UGT, the compensatory education programme whose main objective is to promote equal opportunities for migrant children and their social and educational integration has had its budget cut by 97 per cent between 2011 and 2016 (the budget allocated by the Government in 2011 was €70,084,280 compared with €5,113,220 in 2016). The UGT emphasizes that this reduction in the budget for compensatory education affects both foreign students and those from ethnic minorities. Moreover, the Committee notes that, according to the concluding observations of 13 May 2016 of the Committee on the Elimination of Racial Discrimination (CERD), there are major differences in the quality of education received by ethnic minorities and the phenomenon of “ghetto” schools, where there are large concentrations of migrant children, persists (CERD/C/ESP/CO/21-23, paragraph 31). CERD recommends the Government to take the necessary steps to ensure a more egalitarian distribution of students in order to put an end to the phenomenon of “ghetto” schools. Recalling once more that migrant children are particularly exposed to the worst forms of child labour, the Committee requests the Government to intensify its efforts to protect these children from the worst forms of child labour, particularly by ensuring their integration into the education system. It also requests the Government to provide information on the measures taken and the results achieved in this respect. The Committee further requests the Government to provide information on the compensatory education programme and the results achieved by it.

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

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

Articles 3(a) and (b) and 7(1) of the Convention. Sale and trafficking of children; use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances. Further to its previous comments, the Committee duly notes the statistics communicated in the Government’s report on the number of investigations, prosecutions and convictions for the trafficking of persons for sexual exploitation, forced labour or child pornography further to the amendments made to the Penal Code in 2010. It also notes the court decisions attached to the Government’s report. It further notes the Government’s statement that, since July 2010, a communication system enabling the real-time exchange of information on operations concerned with the trafficking of persons has been in place, linking the foreign affairs coordination department at the Office of the Public Prosecutor with the risk analysis and reporting centre at the Office of the Commissioner-General responsible for foreign affairs and border controls at the National Police Department.

The Committee notes, however, that the statistics on cases of trafficking provided in the Government’s report are not disaggregated by sex or age and therefore make it impossible to have a separate overview of the cases of sale and trafficking involving girls or boys under 18 years of age. It notes the 2012 study of the Ombudsman entitled “Human trafficking in Spain: Invisible victims”, which also highlights the lack of available statistics at national level on the trafficking of children and young persons (page 263). The Committee requests the Government to supply information in its next report on the number of investigations and convictions relating only to cases of trafficking and sexual exploitation involving persons under 18 years of age.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Roma children. Further to its previous comments, the Committee notes the information from the Government concerning the adoption of the National Roma Integration Strategy in Spain (2012–20). It notes that one of the strategy’s objectives is to improve access to education and maintain the presence of Roma children in compulsory schooling. As regards the results achieved in access to education for Roma children, the Government refers to a study carried out in 2010 by the Fundación Secretariado Gitano (FSG – Roma Foundation), according to which the access of Roma children to primary education has reached more or less normal levels. The Government also indicates that in December 2012 the FSG and UNICEF Spain signed a cooperation agreement to carry out a comparative study on the situation of Roma children in secondary education. The study will make it possible to evaluate the results of the measures taken by the Government in recent years.

However, the Committee observes that the Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 6 June 2012, expressed concern at the fact that, despite the measures adopted by Spain, the Roma continue to be exposed to discrimination in the exercise of economic, social and cultural rights, particularly in education (E/C.12/ESP/CO/5, paragraph 11). It also notes that, according to a report published by the FSG in July 2013 entitled The impact of the crisis on the Roma community, the reduction in school assistance adopted as part of the austerity measures is having a negative impact on access to education for Roma children (pages 27–30). The Committee requests the Government to pursue its efforts to improve access to education for Roma children and maintain their presence in the education system as part of the National Roma Integration Strategy in Spain (2012–20), with a special focus on girls. It requests the Government to continue to provide information on the results achieved in this regard.

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

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

Article 7(2) of the Convention. Effective and time-bound measures. Clauses (a) and (b). Preventing children from being employed in the worst forms of child labour, removing them from such labour and ensuring their rehabilitation and social integration. Trafficking and commercial sexual exploitation. The Committee previously noted the adoption of the third National plan to combat the sexual exploitation of children and young persons (2010–13) (PESI III), which provides for awareness-raising campaigns on the subject of sexual exploitation and sex tourism involving children, the improvement of detection systems and offender reporting systems, and the introduction of specific mechanisms to take care of victims.

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

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

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

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

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

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

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

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (b). Sale and trafficking of children; use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances. Further to its previous comments, the Committee takes due note of the adoption of the Organic Law No. 5/2010 of 22 June 2010, amending the Penal Code. It notes with satisfaction that a new provision punishes persons involved in the sale and trafficking of children and young people under 18 years of age for purposes of forced labour or sexual exploitation on Spanish territory or bound for Spain, to prison sentences of from five to eight years (section 177bis). It also notes that section 187 now imposes a harsher sentence on persons promoting or facilitating the prostitution of persons under 18 years of age, as well as on the clients of this prostitution (one to five years’ imprisonment), and provides for a harsher sentence when the victim is under 13 years of age (four to six years’ imprisonment). Furthermore, it notes that, under section 189, as amended, persons using under-age children for the production of pornography or for pornographic performances, or who produce, sell, distribute, offer or facilitate the production, sale or distribution of pornography involving minors shall be punished by a prison sentence ranging from one to five years and from five to nine years when the victim is under 13 years of age. The Committee requests the Government to provide information on the application of sections 177bis, 187 and 189 of the Penal Code in practice, by providing, in particular, statistics on the number of prosecutions, convictions and penalties imposed under these provisions.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing children from being employed in the worst forms of child labour, removing them from such labour and ensuring their rehabilitation and social integration. Trafficking and sexual exploitation for commercial purposes. Following its previous comments, the Committee takes due note of the information provided by the Government on the adoption of the third National Plan to combat the sexual exploitation of children and young persons (2010–13). It notes that this third National Plan takes up the main proposals that emerged from the evaluation of the second National Plan (2006–09), and takes account of the legislative amendments introduced into the Penal Code with respect to the sale and trafficking of children, child prostitution and pornography. It observes that this Plan provides for awareness-raising campaigns on the subject of sexual exploitation and sex tourism involving children, the improvement of detection systems and offender reporting systems, and the introduction of specific mechanisms to take care of the victims. The Committee also notes the Government’s indication that, since its adoption by the Council of Ministers in December 2008, the Comprehensive Plan against the trafficking of persons for sexual and commercial exploitation has become the major planning tool for dealing with trafficking for sexual commercial purposes. The Committee encourages the Government to pursue its efforts and requests it to continue providing information on the implementation of the third National Plan to combat the sexual exploitation of children and young persons, with respect to the number of children who have effectively been withdrawn from these worst types of labour and who have benefitted from rehabilitation measures and social integration.

Clause (d). Children at special risk. 1. Children of migrant families. Further to its previous comments, the Committee notes that, according to the Government, action programmes to provide educational support to families in a situation of social vulnerability and exclusion – including migrant families with school-age children – are considered to be a priority. Furthermore, the Committee notes that the Committee on the Rights of the Child, in its concluding observations on 3 November 2010 (CRC/C/ESP/CO/3-4, paragraph 25), welcomed the approval of a Strategic Plan for Citizenship and Integration (2007–10), aimed at guaranteeing access to migrant students to mandatory education and which facilitates integration in the educational system. The Committee requests the Government to provide information on the measures taken and results obtained within the framework of the Strategic Plan for Citizenship and Integration to guarantee the access of migrant children to compulsory schooling and facilitate their integration in the educational system.

2. Roma children. Further to its previous comments, the Committee takes due note of the adoption of the Plan of Action for the Development of the Gypsy Community (2010–12). It notes that various measures aimed at improving children’s access to education and retaining children in the school system are envisaged under this National Action Plan. The Committee nevertheless notes that the Committee on the Elimination of Racial Discrimination, in its concluding observations on 8 April 2011 (CERD/C/ESP/CO/18-20, paragraph 16), noted with satisfaction that the Government was continuing to adopt measures to improve the general situation of gypsies, but it was concerned by the difficulties still facing gypsy girls with regard to education. The Committee requests the Government to provide information on the measures taken and the results obtained, within the framework of the Plan of Action for the Development of the Gypsy Community, to guarantee the access to education of Roma children, paying particular attention to girls.

Parts IV and V of the report form. Application of the Convention in practice. Further to its previous comments, the Committee notes the statistics contained in the Government’s report on the inspection activities relating to child labour which took place between 2009 and 2010. It notes that almost 700,000 inspection visits were made, and 38 offences for violations of the provisions on minimum age and 26 offences for violations of the provisions on the types of work prohibited to under-age children for reasons of occupational safety and health were reported during these two years. The Committee also notes that during the joint visits conducted by the labour inspection services at the provincial level and the national security forces between 2009 and 2010, 12 persons under 18 years of age were found to be the victims of sexual exploitation or forced labour.

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances. In its previous comments, the Committee had noted that a National Action Plan (2006–09) to combat the sexual exploitation of children and young persons for commercial purposes (NAP to combat sexual exploitation) was adopted, one of whose objectives was to amend the national legislation on commercial sexual exploitation. It had requested the Government to provide information on any measures taken or progress realized in this regard.

The Committee notes the various measures taken in the framework of the implementation of the NAP to combat sexual exploitation. It particularly notes the adoption of Royal Decree No. 95/2009 of 6 February which better regulates the administration of justice and aims to improve the system of legal registry, with a view to ensuring that the functions attributed to the administration of justice in penal and civil matters are efficiently accomplished. The Royal Decree No. 709/2006 of 9 June provides for the functions of the attorney in charge of cases involving foreigners, particularly the prosecution for crimes against foreigners’ rights, including the prosecution of crimes committed against workers’ rights and crimes of forced prostitution when the victim is a foreigner. The Committee also notes that a draft organic law to amend the Penal Code was prepared. According to the Government, with regard to the trafficking of persons, this draft law includes a new crime which is independent from the crime of clandestine immigration and provides for effective sanctions and harsher sentences if the victim is a minor. With regard to prostitution and pornography involving children, the draft law includes criminal offences of: soliciting children to participate in pornographic performances; profiting from the participation of children in such performances and in prostitution; and engaging in sexual relations with a minor. The draft law also provides for the special protection of women and children in situations of armed conflict by expressly punishing the persons who engage them in sexual slavery or forced or induced prostitution. The Committee requests the Government to provide information on the developments in amendments to the Penal Code or to provide, in that event, a copy of the new text of the Penal Code as soon as it is adopted. It also requests the Government to provide information on the application of the abovementioned legislation, as well as on its impact with regard to the commercial sexual exploitation of children.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing children from being employed in the worst forms of child labour, removing them from such labour and ensuring their rehabilitation and integration into society. In its previous comments, the Committee requested the Government to provide information on the implementation of the NAP to combat sexual exploitation, and on the results obtained. It had also requested the Government to provide copies of the studies on commercial sexual exploitation.

The Committee takes note of the various activities undertaken within the framework of the NAP to combat sexual exploitation. In particular, it notes: (i) the implementation of the FARO programme of investigation and other measures of investigation aimed at the safe use of the Internet; (ii) the elaboration of a basic protocol for intervention against the abuse of children; (iii) the execution of awareness-raising campaigns, including those against sexual tourism, addressed to the general public and to tourism operators with a view to enhancing the knowledge on, and preventing sexual exploitation; (iv) the dissemination of the Code of Conduct throughout tourism enterprises and the establishment of a certificate for such enterprises free of sex tourism; (v) the preparation of the draft amendments to the Penal Code; (vi) the strengthening of public and private institutions that work to combat child sexual exploitation with regard to monitoring the use of illegal content on the Internet; (vii) the start of Internet pornography detection systems at the international level by security and police forces; (viii) the denunciation of content, web pages and illicit advertisements from certain organizations; (ix) the establishment of official phone lines and web pages specialized in complaint reception; (x) the start by the national police corps of a plan for the protection of children and young persons against sexual exploitation, in the framework of which 3,000 children at risk have been identified since 2006; (xi) the periodic monitoring of risk zones by the citizen security squads of the Ministry of the Interior; (xii) the monitoring of the application of the legislation concerning the participation of minors in public performances; and (xiii) the translation and publication of a method elaborated by Save The Children for the detection and attention of children and young persons who are victims of trafficking. With regard to the victims of the worst forms of child labour, the Committee also observes that the Global Plan against the trafficking of persons for sexual exploitation, approved by the Government in December 2008 and which entered into force on 1 January 2009, provides for linguistic, social and legal assistance, as well as for financial assistance to ensure their sustenance for 30 days or their return to their countries of origin. The Committee requests the Government to continue providing information on any measures taken with a view to preventing the engagement of children in the worst forms of child labour, withdrawing them from these forms of labour and ensuring their rehabilitation and social integration. The Committee also requests the Government to provide statistics on the number of children who have effectively been prevented or withdrawn from worst forms of child labour, and benefited from the measures of rehabilitation and social integration. The Committee further requests the Government to communicate a copy of the studies on commercial sexual exploitation recently carried out.

Clause (d). Children at special risk. 1. Children of migrant families. In its previous comments, the Committee noted the Government’s information that it had implemented several programmes, including programmes of assistance to vulnerable families and programmes to prevent the maltreatment of children. It requested the Government to provide information on the impact of these programmes on the children of migrant families, in particular so that they could attend school without any problems of exclusion and thus not find themselves in one of the worst forms of child labour. The Committee notes once again that the Government’s report contains no information on this matter. It accordingly once again requests the Government to provide information on the impact of the programmes of assistance to vulnerable families and programmes to prevent the maltreatment of children or the children of migrant families and, in particular, on the effect that these programmes may have had so that these children can attend school without social exclusion problems, therefore eluding the worst forms of child labour.

2. Roma children. In its previous comments, the Committee noted the information sent by the Government to the effect that, on 15 December 2005, it signed an agreement with Romania with a view to resolving the problems of Roma children who are in Spain unaccompanied by adults. In view of the fact that such children are particularly vulnerable and are liable to be exposed to risks, and to the worst forms of child labour in particular, the Committee requested the Government to take the necessary steps to protect them from the worst forms of child labour and to ensure their rehabilitation and integration into society.

In this regard, the Government points out Royal Decree No. 2393/2004 of 30 December, concerning the approval of the regulation of Organic Law No. 4/2000 of 11 January, on the rights and freedoms of foreigners in Spain and their social integration. Section 92 of this Decree provides that the state corps and security forces must inform the child protection services and the office of the public ministry in charge of minors when they detect unaccompanied minors. The general state Administration then initiates the adequate administrative steps for family reunification when it is relevant. The Committee requests the Government to provide information on the measures effectively taken to protect Roma children from the worst forms of child labour and to ensure their rehabilitation and social integration as well as, more particularly, their access to education, by indicating the number of children covered.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously noted the statistical data for 1997–2004 on the offences of inducement to child prostitution, the corruption of minors and child pornography. It encouraged the Government to step up its efforts to ensure protection for children under the age of 18 against these worst forms of child labour and to continue to provide information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of offences, the investigations held, the legal action taken, and the sentences and penalties applied.

The Committee notes the extracts of the court decisions rendered pursuant to the provisions of the Convention with regard to child pornography. It also takes note of the charts of statistics on the inspection activities relating to child labour which took place between 2006 and 2008, which concern the violations and sanctions imposed for violations of the provisions on minimum age and on the types of work prohibited to minor children for reasons of occupational health and safety. The Committee requests the Government to communicate detailed information on the violations detected and the penalties imposed, including penal sanctions, for violations of the provisions giving effect to the Convention, for the period of time covered until the Government’s next report.

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

The Committee takes note of the detailed information sent by the Government and notes the adoption of Basic Education Act No. 2/2006 of 3 May 2006.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances. The Committee takes due note of the information provided by the Government concerning the measures it has taken to combat commercial sexual exploitation. It notes the adoption of a National Action Plan (2006–09) to combat the sexual exploitation of children and young persons for commercial ends, one of whose objectives is to amend the national legislation on commercial sexual exploitation. The Committee requests the Government to provide information on any measures taken or any progress made in this respect.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing children from being employed in the worst forms of child labour, removing them from such labour and ensuring their rehabilitation and integration into society. With reference to its previous comments, the Committee notes the measures taken by the Government and the various social partners under the National Action Plan (2006–09) to combat the sexual exploitation of children and young persons for commercial ends. It also notes the Government’s information that the association ECPAT-ESPAÑA-FAPMI and the Sol Meliá and Barceló hotel groups have signed the ECPAT International code of conduct to protect children against sexual exploitation in tourism and the travel industry. It further notes that several studies on commercial sexual exploitation are under way in Spain. The Committee requests the Government to provide information on the implementation of the Nation Action Plan to combat the sexual exploitation of children and young persons for commercial ends, and on the results obtained in: (a) preventing children from becoming victims of commercial sexual exploitation; (b) providing the necessary and appropriate direct assistance for the removal of the child victims of this worst form of child labour and for their rehabilitation and social integration. Please also provide copies of the studies on commercial sexual exploitation.

Clause (d). Children particularly at risk. 1. Children of immigrant families. In its previous comments, the Committee noted the Government’s information that it had implemented several programmes, including programmes of assistance to vulnerable families and programmes to prevent the maltreatment of children. It asked the Government to provide information on the impact of these programmes on the children of migrant families, particularly in terms of enabling them to attend school free from any problems of social exclusion and so avoid exposure to one or another of the worst forms of child labour. The Committee notes that the Government’s report contains no information on this matter and requests it to provide information on the impact of these programmes on the children of migrant families.

2. Roma children. The Committee takes due note of the information sent by the Government to the effect that on 15 December 2005 it signed an agreement with Romania with a view to resolving the problems of Roma children who are in Spain unaccompanied by adults. In view of the fact that such children are particularly vulnerable and are liable to be exposed to risks, and to the worst forms of child labour in particular, the Committee requests the Government to take the necessary steps to protect them from the worst forms of child labour and to ensure their rehabilitation and integration into society. It asks the Government to provide information on this matter.

Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the statistical data for 1997–2004 on the offences of incitation to child prostitution, the corruption of minors and persons with disabilities or who are unfit, and child pornography. It encourages the Government to step up its efforts to ensure protection for children under the age of 18 against these worst forms of child labour and to continue to provide information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of offences, the investigations held, the legal action taken, and the sentences and penalties applied.

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

Article 3 of the Convention. The worst forms of child labour. Clause (a). The sale and trafficking of children for economic and sexual exploitation. With reference to its previous comments, the Committee notes the Government’s information according to which sections 318bis and 515 of the Penal Code also apply to the sale and trafficking of young persons under 18 years of age for sexual exploitation. It also notes that sections 312 and 313 of the Penal Code apply to the sale and trafficking of young persons under 18 years of age for economic exploitation.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes with interest that, under the terms of section 370(1) of the Penal Code, as amended by Act No. 5/2003 of 25 December 2003, a more severe penalty may be imposed on persons found guilty of using a young person under 18 years of age to commit the offence established in section 368 of the Penal Code (having cultivated, prepared, trafficked or, in any manner, having caused, collaborated in or facilitated the illegal consumption of toxic drugs, narcotics or psychotropic substances, or having been in possession of such substances for this purpose).

Article 4, paragraphs 1 and 3. Determination and revision of the list of types of hazardous work. In its previous comments, the Committee requested the Government to provide information on any revision of the list of types of hazardous work included in the Decree of 26 July 1957. In this respect, the Committee notes the information provided by the Government according to which the above list, although adopted well before the present Convention, namely in July 1957, is sufficiently detailed and exhaustive to give effect to the Convention. The Committee also notes the Government’s indication that Act No. 31/1995 of 8 November respecting the prevention of occupational accidents protects the health and safety of young workers. Furthermore, it notes the information provided by the Government concerning the functioning of the consultations held in Spain with employers’ and workers’ organizations.

Article 5. Mechanisms for monitoring the application of the provisions of the Convention. Ministry of Justice and services for the administration of justice. The Committee notes the Government’s indications that, with regard to child pornography, the General Directorate of the Police depends on the Criminal Brigade on New Technologies to investigate and take action on this matter. It also notes that the Civil Guard has a department specializing in computerized crime. Accordingly, since the adoption of Act No. 11/1999 of 30 April, the unit responsible for crimes related to new technologies (General Brigade of the Judicial Police) has been working in close collaboration with the Group for the Protection of Young Persons Used in New Technologies.

Article 6, paragraphs 1 and 2. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indications that the Secretariat of State for Social Affairs of the Ministry of Labour, through the General Directorate for Social Action for Young Persons and the Family, has financed a number of programmes for the elimination of the various forms of exploitation of girls, boys and young persons. In this respect, it notes, among others, a programme of awareness raising and the detection of child labour.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. With regard to the application in practice of the penalties envisaged by the national legislation relating to the worst forms of child labour, the Committee notes the court decisions transmitted by the Government relating to the following sections of the Penal Code: 187.1 and 188.3 (incitation to prostitution), 189.1 (use of young persons in pornographic performances or for the production of pornography), 318bis (sale and trafficking of children) and 368 and 369.0 (use of a young person under 18 years of age for the sale of drugs).

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Assistance for the removal of children from the worst forms of child labour. In its previous comments, while noting that the national legislation contains certain provisions giving effect to the Convention on this point, the Committee referred to the concluding observations on the Government’s second periodic report made by the Committee on the Rights of the Child in June 2002 (CRC/C/15/Add.185, paragraphs 49 and 50), in which it expressed its concern at reports of child prostitution involving socially marginalized children in the suburbs of large cities and in coastal resorts. In this respect, the Committee notes the detailed information provided by the Government, particularly with regard to the National Plan of Action against the Commercial Sexual Exploitation of Children and Young Persons (2002-03) and the National Plan against the Sexual Exploitation of Young Persons. It also notes that the Ministry of Labour and Social Assistance, among other measures, in June 2002 financed an awareness-raising campaign led by UNICEF (Spanish Committee) against sexual tourism. This awareness-raising campaign, in which the participants included the General Tourism Office, the World Tourism Organization (WTO), ECPAT, the Federation of Associations for the Prevention of Maltreated Children (FAPMI), the national police and Interpol, the Institute for Quality in Tourism, the ILO and the Spanish Agency for International Cooperation (AECI), has been extended to 2005. The Committee also notes that a National Plan of Action against the Commercial Sexual Exploitation of Children and Young Persons (2006-09), which forms part of the National Strategic Plan on Children and Young Persons (2006-09), is currently under preparation. The Committee requests the Government to continue providing information on the measures adopted for the elimination of the sexual exploitation of children and to provide with its next report a copy of the National Plan of Action against the Commercial Sexual Exploitation of Children and Young Persons (2006-09).

Clause (c). Access to free basic education and vocational training for all children removed from the worst forms of child labour. With reference to its previous comments, the Committee once again requests the Government to provide information on the impact of the Overall Plan for Spanish Cooperation (2001-04) with regard to access to free basic education and vocational training for all children who have been removed from the worst forms of child labour.

Clause (d). Identification of children at special risk. Children of migrant families. In its previous comments, the Committee noted that the social changes which have occurred in Spanish society, principally due to migration movements, required special attention to be paid to education so as to prevent and resolve problems of social exclusion, discrimination, racism, failure at school and absenteeism. Considering that the children of migrant families are at special risk, the Committee requested the Government to provide information on the measures adopted to ensure that the children of migrant families can attend school without problems of social exclusion. In this respect, the Committee notes the Government’s indications that it has implemented various programmes, including programmes of assistance to vulnerable families and programmes for the prevention of the maltreatment of children. The Committee requests the Government to provide information on the impact of these programmes on the children of migrant families, particularly so that they can attend school without problems of social exclusion and thereby not be exposed to one of the worst forms of child labour.

Article 8. Enhanced international cooperation and assistance. Further to its previous comments concerning the Government’s policy for international development cooperation, the Committee notes that the Spanish Agency for International Cooperation (AECI) is collaborating with ILO/IPEC in the implementation of programmes for the elimination of the worst forms of child labour in Latin America (elimination of prostitution and the sexual exploitation of young persons, elimination of work by children in rubbish dumps, quarries, brick works and mines), including Time-Bound Programmes (TBPs).

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government that it is difficult to quantify the number of cases of the sexual exploitation of young persons under 18 years of age as there is no unified and centralized register of the maltreatment of children. However, the activities carried out by the Children’s Observatory are designed to establish a strategy for the detection of maltreatment. The Committee also notes the statistical data of the Secretariat of State for Security of the Ministry of the Interior, based on interventions carried out between 1997 and 2000 by the state security forces and relating to the crimes of incitation to prostitution, corruption of young persons and child pornography. The Committee also notes that the Group for the Protection of Young Persons Used in New Technologies has undertaken 17 activities against child pornography on the Internet and has investigated over 240 web sites with this type of content, certain of which have links with Spain. It requests the Government to continue providing statistics and 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.

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

The Committee notes the Government’s first report and requests it to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children for sexual exploitation. The Committee notes that Spain has ratified the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and the Optional Protocol to the United Nations Convention against Transnational Organized Crime to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. The Committee notes that section 318bis(1) of the Penal Code, as amended by Act No. 11 of 29 September 2003, provides for a penalty for any person who, directly or indirectly, causes, collaborates in or facilitates the "illicit trafficking or clandestine immigration of persons" from Spain, in transit through the country or as a destination. Section 318bis(2) provides for a more severe penalty where the "illicit trafficking or clandestine immigration" is for the sexual exploitation of persons. Furthermore, section 318bis(3) also provides for a more severe penalty if the victim is a minor, or in other words a person under 18 years of age. Section 515(6) of the Penal Code also provides that illicit associations shall be liable where they cause the "illicit trafficking of persons". The Committee notes that the terminology used in section 318bis and 515 of the Penal Codes lends itself to confusion. Section 318bis(1) and (2) refer to "illicit trafficking or clandestine immigration" and section 515(6) to "illicit trafficking", whereas Article 3(a) of the Convention covers the sale and trafficking of children under 18 years of age, among other reasons for sexual exploitation. The Committee therefore requests the Government to indicate whether the terms used in sections 318bis and 515 of the Penal Code also apply to the sale and trafficking of young persons under 18 years of age for sexual exploitation.

2. Sale and trafficking of children for economic exploitation. The Committee further observes that the national legislation does not appear to contain provisions prohibiting the sale and trafficking of children for economic exploitation. It reminds the Government that Article 3(a) of the Convention also covers the sale and trafficking of young persons under 18 years of age for this purpose. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to secure the prohibition of the sale and trafficking of young persons under 18 years of age for economic exploitation, and to adopt appropriate penalties.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that Spain has ratified the Optional Protocol to the Convention on the Rights of the Child on children in armed conflict. Under section 12.1 of Act No. 13/1991 of 20 December respecting military service and section 26 of Decree No. 1107/1993 of 9 July approving the regulations on recruitment, the age for the commencement of military service is 19 years. However, under section 26(a) of Decree No. 1107/1993, this age may be lowered to 18 years.

Clause (b). 1. Use, procuring or offering of a child for prostitution. Under section 187.1 of the Penal Code, as amended by Act No. 11 of 29 September 2003, any person who incites, causes, collaborates in or facilitates the prostitution of a young person commits a criminal offence. Section 188.3 of the Penal Code, as amended by Act No. 11 of 29 September 2003, provides for a penalty for any person who, through recourse through violence, intimidation or deception, initiates or maintains a young person in a situation of prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. Section 189.1(a) of the Penal Code, as amended by Act No. 11 of 29 September 2003, provides for a penalty for any person who uses young persons for the purposes of or in exhibitionist or pornographic performances, both public and private, or to produce pornography of any type or who finances such activities. Under section 189.2 of the Penal Code, a more severe penalty is provided for where any person found guilty of the crime set out in section 1 belongs to an organization or association engaged in this type of activity.

Clause (c). Use, procuring or offering of a child for illicit activities. Section 368 of the Penal Code provides for a penalty for any person found guilty of encouraging, preparing or undertaking the trafficking of or, in any manner whatsoever, causing or collaborating in or facilitating the illegal consumption of toxic drugs, narcotics or psychotropic substances, or of being in possession of such substances for this purpose. Under section 369.9 of the Penal Code, a more severe penalty shall be imposed upon persons found guilty of making use of a young person under 16 years of age to commit the offence indicated in section 368. The Committee recalls that, under Articles 1 and 3(c) of the Convention, the prohibition of the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, as defined in the relevant international treaties, applies to young persons under 18 years of age. The Committee therefore requests the Government to take the necessary measures to ensure that section 369.9 of the Penal Code is amended so that it applies to young persons under 18 years of age.

Clause (d). Hazardous work. The Committee notes that section 6.2 of the Act respecting the conditions of employment of workers of 1995, prohibits workers under 18 years of age from carrying out night work or activities determined by the Government to be unhealthy, arduous, harmful or hazardous both for their health and for their vocational and human development, upon the proposal of the Ministry of Labour and Social Security, and after consulting the most representative trade union organizations. It also notes that section 6.3 of the Act on the conditions of employment of workers prohibits workers under 18 years of age from working overtime.

Article 4, paragraphs 1 and 3. Determination and revision of the list of the types of hazardous work. The Committee notes the information provided by the Government that the Decree of 26 July 1957 includes a list of types of hazardous work for young persons under 18 years of age. Section 1 of the Decree provides that, among other activities, it is prohibited to employ young persons under 18 years of age on: (a) the activities and in the industries enumerated in the list annexed to the Decree; (b) greasing, cleaning, examining and repairing machines or mechanisms of a hazardous nature while they are in operation; (c) the operation of presses, chisels, band and circular saws, mechanical drills and, in general, any machine which uses tools or which, at an excessive working speed, represents  a clear danger of accidents; (d) work carried on at over 4 metres of height from the ground or the floor; (e) any type of work that is not adapted to the health of the workers by reason of the excessive physical exercise involved or possible harmful effects; and (f) transporting, pushing or dragging loads of a weight requiring much strength.

The Committee notes that the Decree containing the list of types of hazardous work referred to above was adopted in 1957, well before the adoption of the Convention. It draws the Government’s attention to Article 4, paragraph 3, of the Convention, which provides that the list of the types of work determined must be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide information on the measures adopted or envisaged for the revision, as necessary, of the list of types of hazardous work determined, and on the consultations held on this subject with the organizations of employers and workers concerned.

Article 4, paragraph 2. Identificaiton of where the types of hazardous work exist. The Committee notes that the Government has not provided any information in relation to this paragraph. It requests the Government to take the necessary measures to identify, after consultation with the organizations of employers and workers concerned, where the types of hazardous work exist and to report on the outcome.

Article 5. Monitoring mechanisms. 1. Ministry of Justice, services for the administration of justice and the central juvenile judge. In its report, the Government indicates that, in penal matters, supervision and monitoring of the protection of children is the responsibility of the Ministry of Justice, through the services for the administration of justice and the central juvenile judge of the national court. It requests the Government to provide information on the procedures adopted by the Ministry of Justice, the services for the administration of justice and/or the central juvenile judge for young persons of the national court for the effective implementation and enforcement of the provisions of the Penal Code giving effect to the Convention.

2. Labour and social security inspectorate. In the field of labour, sections 7 to 9 of Act No. 31/1995 of 8 November respecting the prevention of occupational risks issues regulations governing the procedures for the relevant public administration in this field. The labour and social security inspectorate is responsible for the supervision and enforcement of labour standards relating to young persons, and its responsibilities and functions are established by Act No. 42/1997 of 14 November. The labour and social security inspectorate is responsible, among other matters, for verifying: (a) the age of admission to employment; (b) whether the activities carried out by young persons are prohibited for young persons between 16 and 18 years of age, namely hazardous types of work; and (c) whether young persons under 18 years of age work at night or perform overtime hours. Labour and social security inspectors are authorize to: (a) enter workplaces freely and at any time; (b) undertake any investigation or examination of proof that they consider necessary to ascertain compliance with the legal provisions relating to labour; and (c) take various measures, such as ordering the immediate cessation of work or activities due to failure to apply occupational health and safety standards to workers. The Committee requests the Government to provide information on the activities of the inspection services and extracts from reports indicating the nature of violations relating to young persons under 18 years of age engaged in the worst forms of child labour.

Article 6, paragraphs 1 and 2. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication that the General Secretariat of Social Affairs of the Ministry of Labour, through the General Directorate of Social Action for Young Persons and the Family, is responsible for the formulation of programmes for the protection of children. A Programme for the prevention and protection of children against ill treatment and work was developed for the first time in 1997. This Programme is based on a "research-action" methodology, the objective of which is to assist the young persons for whom, by reason of their age, work is more hazardous for their development, and also those working in the family context. The Committee notes that the Government established several programmes of action with this objective in 2002. The Committee requests the Government to provide information on the activities and results achieved by the programmes of action with have been established, particularly with regard to the elimination of the worst forms of child labour. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations with a view to the adoption of programmes of action, and also to indicate the extent to which the views of other concerned groups have been  taken into consideration.

Article 7, paragraph 1. Penalties. The Committee notes that section 318bis of the Penal Code provides for a sentence of between four and eight years of imprisonment for any person who, directly or indirectly, initiates, collaborates in or facilitates the illicit trafficking or clandestine immigration of persons. This penalty is between five and ten years of imprisonment where the objective of the illicit trafficking or clandestine immigration is the commercial sexual exploitation of person. Furthermore, the sentence is increased by half again where the victim is a young person. It also notes that sections 517 and 518 of the Penal Code provide for penalties of between one and three years of imprisonment and a fine of between 12 and 14 monthly wages for illicit associations which initiate the illicit trafficking of persons. Under section 187.1 of the Penal Code, any person who causes the prostitution of a young person is liable to a sentence of between one and four years of imprisonment and a fine of between 12 and 24 monthly wages. Section 188.3 of the Penal Code provides for a sentence of between two and four years of imprisonment and a fine of between 12 and 24 monthly wages for any person found guilty of having recourse to violence, intimidation or deception with a view to initiating a young person in prostitution or maintaining her or him in this situation. Moreover, section 189.1(a) of the Penal Code provides for a penalty of between one and three years of imprisonment for any person who uses young persons for the purposes of or in exhibitionist or in pornographic performances, or to produce pornography, or who finances this type of activity. The Committee notes that sections 368 and 369 of the Penal Code provide for a sentence of detention of a higher level of between six months and 20 years of imprisonment and a quadruple fine for any person found guilty of using a young person under 16 years of age to cultivate, prepare, traffic or cause, in any manner whatsoever, or collaborate in or facilitate the illegal consumption of toxic drugs, narcotics or psychotropic substances, or of being in possession of such substances. With regard to types of hazardous work, section 8.4 of Legislative Decree No. 5/2000 of 4 August approving the amended text of the Act respecting social violations and penalties provides that the violation of norms contained in the labour legislation respecting work by young persons constitutes a very serious offence. According to the Government’s information, the penalty imposed is a fine of between 3,500.07 and 90,151.82 euros. Furthermore, section 13.2 of Decree No. 5/2000 provides that failure to comply with specific standards respecting the protection of the health and safety of young persons also constitutes a grave offence. According to the Government, penalty imposed is a fine of between 60,050.61 and 601,012.10 euros. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Assistance for the removal of children from the worst forms of child labour. While noting that the national legislation contains certain provisions giving effect to the Convention on this point, the Committee however notes that, in its concluding observations on the Government’s second periodic report in June 2002 (CRC/C/15/Add.185, paragraphs 49 and 50), the Committee on the Rights of the Child expressed its concern at reports of child prostitution in the suburbs of large cities and in holiday resorts involving vulnerable children living on the fringes of society. The Committee on the Rights of the Child recommended the Government to: (a) protect all persons under 18 from all forms of sexual exploitation, even when children have consented, under pressure of money, threats or, allegedly, "freely" to such acts; (b) organize campaigns for protection against sexual abuse, prostitution and child pornography; and (c) implement the National plan of action against the commercial sexual exploitation of children (2002-03). The Committee requests the Government to provide information on the effect given to the recommendations made by the Committee on the Rights of the Child for the protection of young persons under 18 years of age against commercial sexual exploitation. It also requests the Government to provide a copy of the National plan of action against the commercial sexual exploitation of children (2002-03), as well as information on its implementation and the results achieved, particularly with regard to the rehabilitation and social integration of child victims of prostitution.

Clause (c). Ensure access to free basic education and vocational training for all children removed from the worst forms of child labour.  The Committee notes that the Overall plan for Spanish cooperation (2001-04) sets the objective of providing universal basic schooling by 2015 and providing basic social services and assistance for the most underprivileged. It requests the Government to provide information on the impact of the plan to ensure access to free basic education and vocational training for all children removed from the worst forms of child labour.

Clause (d). Identification of children at special risk. Children of migrant families. The Committee notes the information provided by the Government that the social changes which have occurred in Spanish society, principally due to migration movements, require special attention to be paid to education so as to prevent and resolve problems of social exclusion, discrimination, racism, failure at school and absenteeism, all of which have a greater impact on persons in a disadvantaged social, cultural, economic, personal and family situations. The Committee considers, in the same way as the Government, that the children of migrant families are at special risk, particularly of being engaged in one of the worst forms of child labour. It therefore requests the Government to provide information on the measures adopted to ensure that the children of migrant families can attend school without problems of social exclusion and, accordingly, are not engaged in one of the worst forms of child labour.

Article 8. Enhanced international cooperation and/or assistance. 1. International cooperation. The Committee notes that Spain has been contributing to the ILO/IPEC programme since 1996. It also notes the Government’s indication that the Spanish International Cooperation Agency (AECI) has developed important action for children and young persons, both through bilateral and international measures, and in collaboration with the supranational institutions of the United Nations. Finally, the Committee notes that Spain is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children.

2. Measures to combat poverty. The Committee notes that, according to the Government, its international development cooperation policy accords special attention to the protection of boys, girls and young persons. Section 7 of Act No. 23/98 respecting international development cooperation provides that the Spanish development policy, with its objective of combating poverty, shall endeavour to defend the most vulnerable groups of the population, including young persons, with special emphasis on the elimination of the economic exploitation of children, refugees, indigenous persons and minorities. The Committee requests the Government to provide information on the impact of its international development cooperation policy on the elimination of the worst forms of child labour.

3. Extra-territorial offences. The Committee notes that section 190 of the Penal Code provides for the prosecution of Spanish nationals and residents of Spain if they commit an offence in another country relating to the commercial sexual exploitation of children. Sentences handed down by foreign courts relating to offences of prostitution and the corruption of young persons may accordingly be executed in Spain. The Committee requests the Government to indicate whether section 190 of the Penal Code has already been applied and, if so, to indicate the country concerned.

Part III of the report form. Decisions involving questions of principle relating to the worst forms of child labour. The Committee notes the Government’s information that certain courts have handed down sentences relating to child labour. For example, Ruling No. 2500/2001 by the Supreme Court of Justice of Catalonia of 16 March provides that, taking into account the age of the young victim, namely 16 years, and the dangerous nature of the machine, the necessary safety measures had not been taken. The Committee requests the Government to continue providing information on the decisions handed down by courts of law which involve questions of principle relating to the application of the Convention.

Parts IV and V. Application of the Convention in practice. The Committee notes from the reports of the labour and social security inspection services that, of the 357,089 inspections carried out in 2000, a total of 46 offences were reported relating to the protection of the health and safety of young persons under 18 years, affecting 59 workers; of the 370,824 inspections carried out in 2001, some 52 offences were reported relating to the protection of the health and safety of young persons under 18 years of age, affecting 65 workers; and that, of the 380,194 inspections carried out in 2002, some 58 offences were reported relating to the protection of the health and safety of young persons under 18 years of age, concerning 74 workers. The Committee notes that these statistics do not specifically concern the worst forms of child labour. It therefore requests the Government to provide statistics and 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. To the extent possible, all information provided should be disaggregated by sex.