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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee takes due note of the detailed information in the Government’s report on the measures taken to ensure the application of the provisions of the Conventions.

Article 7(2) of the Convention. Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Unaccompanied migrant and refugee children. The Committee notes the Government’s information, in its report, according to which the main dynamic change in Italian society is represented by the growing presence on the national territory of foreigners, especially minors, who sometimes arrive in Italy unaccompanied, thus falling into a serious condition of social vulnerability and with the risk of falling into child labour circuits.

Indeed, the Committee notes that, according to a joint UNICEF, UNHCR and IOM report of 2019 entitled “At a crossroads: Unaccompanied and separated children in their transition to adulthood in Italy”, between 2014 and 2018, more than 70,000 unaccompanied and separated children arrived in Italy by sea, 90 per cent of whom were between 15 and 17 years old. The report reveals that young migrants and refugees travelling along the central Mediterranean route are more likely to experience exploitation and abuse in transit countries, including labour and sexual exploitation, than migrants over the age of 25. These incidents, in addition to the urgent need to earn money for themselves and send remittances home to the family may have long-term psychological, emotional and social impacts on those arriving in Italy by sea and can sometimes play a role in the way in which young migrants perceive and react to the risks of labour and/or sexual exploitation to which they may be exposed to in Italy. This exposes young people to the risk of illegal work, or even of being pushed into illegal activities. A more recent 2023 press release by UNICEF indicates that numbers are now estimated to be at more than 100,000 unaccompanied and separated children, in addition to more than 170,000 refugees who have arrived in Italy from the northern–eastern border as a consequence from the war in Ukraine, among them 50,000 children.

In this regard, the Committee notes the Government’s detailed information on the measures taken to protect foreign children in the country. In particular, it takes note of the Su.Pr.Eme Italia Programme, which falls within the scope of the three-year plan to combat labour exploitation in agriculture and gang mastering, and aims to establish an Integrated Extraordinary Plan of interventions to combat and overcome all forms of serious exploitation and marginalization and vulnerability of migrant workers in the locations presenting the greatest difficulty in the five Regions of southern Italy on which the initiative is focused. The five areas of intervention are housing, work, services, integration and governance. The Committee also takes note of the P.I.U. Su.Pr.Eme project (personalized pathways out of exploitation), which aims to establish an interregional system action to implement measures for the social and labour integration of migrants to prevent and combat labour exploitation in agriculture. Moreover, the Government indicates that it has renewed the SIM Unaccompanied Minor Information System to protect minors from exploitation. The SIM monitors the presence of unaccompanied minors, tracing their movements within Italy and managing their identity information, status and location.

The Committee also takes of the adoption of Law No. 47 of 7 April 2017 on provisions on protection measures for unaccompanied foreign minors, which provides for an absolute prohibition of refoulement at the borders, and an integrated system of care and verification of identity and age, in order to prevent minors from ending up in the circuits of the worst forms of exploitation. The care system provides for integration between the first reception facilities, set up by the Ministry of Interior and dedicated exclusively to minors, with second reception facilities spread throughout the national territory.

Considering that unaccompanied migrant or refugee children are particularly at risk of being exposed to the worst forms of child labour, the Committee requests the Government to continue taking effective and time-bound measures to protect these children from the worst forms of child labour and to provide for their rehabilitation and social integration. It also requests the Government to continue to provide information on the measures taken in this regard, as well as the number of children who have benefited from such measures, to the extent possible disaggregated by gender and age.

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

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted the Government’s indication that sections 61, 111, 112, 416 and 416(a) of the Criminal Code provide for penalties for the offences related to the criminal conduct of involving children in the production and trafficking of drugs. The Committee observed that according to section 112 of the Criminal Code, using or procuring a child under the age of 18 years for committing a crime constitutes an aggravated offence. The Committee requested the Government to provide information on the effect given in practice to section 112 of the Criminal Code, including statistics on the number of persons prosecuted under this provision for having procured or caused a person under 18 years of age to commit a criminal act, in particular the production and trafficking of drugs.

The Committee notes the data provided by the Government with regard to the number of proceedings initiated and prosecuted under section 112 of the Criminal Code. According to this data, in 2009, a total of 270 proceedings were initiated under section 112, of which, 37 cases were related to using a child under the age of 18 years for the production and trafficking of drugs.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Street children, child beggars and unaccompanied foreign minors. Following its previous comments, the Committee notes the Government’s information that according to the report of the National Association of Italian Municipalities (ANCI-Cittalia) on Unaccompanied Foreign Minors (UFM), a total of 10,467 unaccompanied foreign minors were contacted and taken care of during the two years from 2009 to 2010. The Committee notes from the Government’s report that the number of local authorities providing care and protection for UFMs had increased to 845 in 2010. The ANCI-Cittalia report further indicated that the Municipalities offered effective protection to minors in their care, including initial care and follow-up care which involved granting of residence permits and appointment of guardians. According to the statistical data provided by the Government based on a survey of 2006–10 carried out by the ANCI-Cittalia, in 2008 4,176 UFMs received initial care, of which 3,841 UFMs received follow-up care; in 2009, 4,312 UFMs received initial care, and 3,084 UFMs received follow-up care, and in 2010, 4,588 UFMs received initial care and 2,523 UFMs received follow-up care. The Committee further notes from the Government’s report that data on the number of unaccompanied minors received by the Ministry of Labour and Social Policy’s Committee for Foreign Minors in 2011 indicate an increase of up to 7,750 minors. The Committee, therefore, requests the Government to continue providing care and protection to unaccompanied foreign minors through the ANCI-Cittalia, so as to prevent them from engaging in the worst forms of child labour. It requests the Government to continue providing information on the number of UFMs who have been withdrawn from the worst forms of child labour and rehabilitated.

Parts IV and V of the report form. Practical application of the Convention. The Committee notes the following statistical information provided by the Government with regard to the prosecutions carried out for the offences related to slavery, trafficking of minors, prostitution of minors, child pornography and child sex tourism:

• -Trafficking for slavery (section 600 of the Criminal Code); sale and trafficking of persons (sections 601 and 602): 229 proceedings were initiated in 2010 involving 346 victims, of which 20 persons were under the age of 18 years. In 2011, 212 proceedings were initiated involving 508 victims, of which 18 persons were under the age of 18 years.
• -Prostitution of minors (section 600bis of the Criminal Code): 121 proceedings were initiated in 2009.
• -Child pornography (section 600ter): 234 proceedings were initiated in 2009.

The data from the Ministry of Justice further indicated that in 2010, out of the 496 persons accused under sections 600, 601 and 602 of the Criminal Code, 61 persons were convicted. Similarly for the offences under section 600bis, out of the 127 persons accused, 34 persons were convicted. The Committee requests the Government to continue to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

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

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that sections 73 and 80 of Presidential Decree No. 309 of 1990, as modified by Legislative Decree No. 272 of 2005, penalized a range of activities associated with the illegal drug trade and imposed aggravated sentences for delivery of drugs or psychotropic substances to minors or the offering of drugs in the vicinity of schools or juvenile institutions. Noting that these provisions did not expressly prohibit the use, procuring or offering of a child for illicit activities, the Committee had requested the Government to indicate the relevant provisions in the national legislation which prohibit and impose penalties for the offences related to the use, procuring or offering of children under 18 years for illegal activities.

The Committee notes the Government’s statement that in cases where children are employed in dealing with drugs, delivering or handing drugs to them might include the use of children for subsequent trafficking of such substances, and therefore constitutes a crime pursuant to section 80(1)(a) of Presidential Decree No. 309, as amended. The Committee also notes the Government’s indication that the Criminal Code, under sections 61, 111, 112, 416 and 416(a) provides for penalties for the offences related to the criminal conduct of involving children in the production and trafficking of drugs. The Committee observes that according to section 112 of the Criminal Code, using or procuring a child under the age of 18 years for committing a crime constitutes an aggravated offence. The Committee requests the Government to provide information on the effect given in practice to section 112 of the Criminal Code, including statistics on the number of persons prosecuted under this provision for having procured or caused a person under 18 years of age to commit a criminal act, in particular the production and trafficking of drugs.

Article 6. Programmes of action. In its previous comments, the Committee had noted the various educational measures taken by the Government and had requested it to continue providing information on further measures taken in this regard and on their impact on the elimination of the worst forms of child labour. The Committee notes the Government’s information that the Ministry of Education, Universities and Research, considering the importance of career guidance in preventing school drop-outs, adopted a National Careers Guidance Plan. The Committee also notes the Government’s information on the following measures taken by the Ministry of Education for the intercultural integration of the school population:

–           national plan for the teaching of Italian to foreign students who are recent migrants;

–           memorandum of understanding with the Nomad Assistance Association and national seminar aimed at assisting the reception and integration of children of school age belonging to Roma and Sinti populations;

–           high-risk and high immigration areas – national collective employment contract (NCEC), school sector 2006–09, wherein schools were provided funds to take appropriate measures for the significant risk indicators such as school dropout rates, high immigration and family poverty indicators,

–           schooling in hospitals and home education with the objective to bring together and guarantee the two constitutional rights: health and education. This service was introduced in all major hospitals and paediatric wards in every region in order to confront loss of schooling due to ill health and hospitalization. Currently, there are 18 regional school centres, 156 hospital schools, 200 hospital sections and 650 teachers. Each year, about 100,000 students take classes in these schooling sections.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. Following its previous comments, the Committee notes the Government’s information that section 13 of Act No. 228/2003 provides for special funds for adequate living conditions, housing and assistance for victims of slavery, servitude and trafficking in persons. Furthermore, assistance programmes conducted throughout the country in application of section 18 of the Legislative Decree No. 286 of 1998, includes: (a) issuance of a special residence permit valid for six months and renewable for one year or for a longer period necessary for judicial reasons; and (b) implementation of assistance and social integration programmes by local authorities and voluntary bodies as per the notices issued by the Equal Opportunities Department of the Prime Minister’s Office. This assistance and social integration programmes include: emergency reception and housing services; health, legal, psychological and counselling services; assisted returns; vocational training courses; and actions aimed at social–employment integration such as employment grants and internships. According to the Government’s report during the period between 2000–10, the Equal Opportunities Department issued 11 notices for actions of assistance and social integration programmes under section 18 of Decree No. 286/1998 and section 13 of Act No. 228 of 2003. As per the data provided by the Government, Notices 1 and 2 issued during the period 2006–08, concerning the application of section 13 of Act 228/2003, recorded the involvement of about 890 victims of trafficking, of whom 91 were children, and Notice 8, concerning the application of section 18 of Decree No. 286/1998, recorded the involvement of 1,172 victims of trafficking, of whom 48 were children. The Committee also notes the Government’s information that as of March 2010, the Equal Opportunities Department had co-financed 573 projects with reference to section 18 of Decree No. 286/1998 and 97 projects had been approved and co-financed with reference to section 13 of Act 228/2003. The Committee notes that within the framework of these projects, a total of 14,689 victims of trafficking had been received and assisted until May 2010, out of which 986 were children under the age of 18 years. 

Clause (d). Identifying and reaching out to children at special risk. Street children and child beggars. The Committee notes the Government’s information that employment of children in begging is increasing with the largest group of children coming from Eastern European and African countries. It also states that unaccompanied foreign minors are often subject to serious exploitation, including begging. According to the report of the National Association of Italian Municipalities (ANCI) on unaccompanied foreign minors of 2009, a total of 99 unaccompanied foreign minors who were victims of trafficking were reported in 2007, and 94 in 2008. Of these, 61.8 per cent were victims of sexual exploitation, 8.8 per cent were victims of labour exploitation and petty crimes, and 5.9 per cent were victims of begging. It further notes that according to the data available in the Office of the Ministry of Interior, 455 cases of exploitation of minors for begging under section 671 of the Penal Code were reported in 2005, 599 cases in 2007, 462 cases in 2008 and 184 cases in 2009.

The Committee notes the Government’s information that the Ministry of Interior signed a security pact with the Association of Italian Municipalities on the initiatives to be undertaken at the local level against social unrest and to prevent and combat crimes. It also notes that a network of local authorities called the Municipalities against the exploitation of child labour and begging network was established to carry out the actions taken within the framework of this pact. It further notes the Government’s indication that the initiatives undertaken in individual territories such as the Rome Centre to Combat Child Begging; and the District Social Services Plan adopted by the municipality of Turin were considered as best practices in combating child labour and begging. These projects strengthened the capacity to intervene in individual cases and implemented measures aimed at the social and cultural integration of children at risk. The Committee requests the Government to provide information on the number of street children withdrawn from the worst forms of child labour and rehabilitated pursuant to the measures taken by the Municipalities against the exploitation of child labour and begging network, the Rome Centre to Combat Child Begging and the District Social Services Plan adopted by the municipality of Turin.

Parts IV and V of the report form. Practical application of the Convention. The Committee notes the information provided by the Government with regard to child labour and its worst forms. According to this data, during the inspections carried out in 2009, 3,128 working children were found, of whom 1,445 were in breach of regulations and in 2008, 1,869 working children were found, of whom 1,411 were in breach of regulations related to minimum age, prohibited types of work and working hours. The Committee also notes the following statistical information provided by the Government with regard to the prosecutions carried out for the offences related to prostitution of minors, child pornography and child sex tourism:

–           Prostitution of minors (section 600bis of the Penal Code): 416 persons in 2006; 349 in 2007; 291 in 2008; and 247 in 2009.

–           Child pornography (section 600ter): 375 persons in 2006; 200 in 2007; 626 in 2008; and 542 in 2009.

–           Sexual tourism involving children (section 600quinque): six persons in 2006; one in 2007; one in 2008; and 13 in 2009.

Furthermore, the Committee notes the data collected by the National Anti-Mafia Directorate during the period from 2004 to 2009 with regard to offences related to trafficking in persons. The Committee requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

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

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee had asked the Government to provide information on the measures taken to prohibit the use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs, and sanctions envisaged. The Committee noted the Government’s information that sections 73 and 80 of Presidential Decree No. 309 of 1990, as modified by Legislative Decree No. 272 of 2005, penalized a range of activities associated with the illegal drug trade and imposed aggravated sentences for delivery of drugs or psychotropic substances to minors or the offering of drugs in the vicinities of schools or juvenile institutions. The Committee also noted the Government’s information that section 671 of the Penal Code punishes the use of children under 18 years for begging. While noting that provisions exist that generally prohibit, inter alia, the sale of drugs to children, the Committee was concerned that they did not appear to prohibit the use, procuring or offering of a child for such activities. Noting the absence of a reply by the Government on this issue, the Committee once again requests it to indicate whether a provision exists in the relevant legislation which prohibits persons from using, procuring or offering a child for the production and trafficking of drugs and imposes heavier sanctions for the use of children for those activities. If such a provision does not exist, the Committee requests the Government to take the necessary measures to ensure that persons are prohibited from engaging in such behaviour.

Article 6. Programmes of action. In its previous comments, the Committee requested the Government to continue providing information on the various educational programmes and their impact on the elimination of the worst forms of child labour. The Committee notes the Government’s indication that section 1, paragraph 622 of Act No. 296 of 27 December 2006 raised the period of compulsory schooling to ten years as of the 2007–08 school year, thereby raising the age of entry to employment from 15 years to 16 years. The Committee further notes that specific measures under section 9 of the National Collective Work Agreement (CCNL) in the Scholastic Field “Incentive Measures for Projects Regarding Areas at Risk and with Strong Immigration, and Against Scholastic Dispersion” have continued to operate with an annual budget of over 53 million euro. As per this legislation, the Ministry of Education divides the resources between the Regional Scholastic Offices annually, using social and economic indicators after having listened to the workers’ organizations. The regional directors general must indicate (in the collective agreement with the workers’ organizations) the criteria for the schools to receive funding, the length of the projects, the goals in combating scholastic dispersion and the observations to communicate to the Ministry and to the workers’ organizations, favouring “the plurality and the spread of experiences on the territory”. The schools, with reference to the specific context of the area at risk, can receive the funds also by cooperating, thereby better benefiting the geographic area. Particular attention is given to the south, where the rate of scholastic dispersion is higher.

The Committee also notes that in the 2007–13 period, in the scope of actions in the south, the “Competencies for the Development” and “Environments for Learning” national action programmes are planned. They are the result of consistent joint activity, coordination between the central administrations, the regions, social partners and representatives of the service sector. A secondary level intervention of these national action programmes relate to orientation as a strategy in promoting scholastic and training success.

Furthermore, Ministerial Decree No. 19 of 2008 constituted the Inter‑Managerial Group for Scholastic Dispersion, which is aimed at political coordination and other actions regarding scholastic dispersion. Some of the objectives of this group include: the reconstitution of the National Observatory on Scholastic Dispersion; registry experimentation to monitor mandatory school courses and; teacher training to improve pedagogy. With regard to educational programmes, some actions undertaken include hospital and home education, which denote themselves as practical implementations of the right to education. Hospital education covers all grades and guarantees to children the right to education despite their illness. “Street activities”, regulated by a Memorandum of Understanding of 2000 between the Ministries of Education and of Social Solidarity, continue to operate. The “Schools in the Streets and at Risk Areas” project, which makes explicit use of the programmes of local governments funded by Act No. 285 of 1997 (promoting children’s and adolescents’ rights), and the “Street Teachers” programmes in Naples, Padua and Trento, also continue to operate. Since 2000, a central theme is the scholastic integration of foreign minors, whose presence within schools is constantly increasing, and is now considered a characteristic of the Italian education system. The responsibility of the Office for the Integration of Foreign Students, constituted within the Ministry of Education, is to support, strengthen and coordinate the reception and integration of these students. Much attention is given to the right to education and training even for minors who do not have a valid residence permit and for their immersion into classes corresponding to their age.

Finally, the Committee notes that the Hot 114 project was born from the Safer Internet Project of the European Commission favouring the safe use of the internet and new technologies. Commenced on 1 April 2005, the project permits internet users to signal, anonymously and at all times of the day, either via a web site or a telephone, the existence of child pornography and other content potentially dangerous for children and adolescents. The Italian hotline is a part of the “Inhope” international network of 28, funded in part by the European Commission. In two years of activity, over one thousand notifications have been received of which: 59.4 per cent relate to the web; 20 per cent to email; 14.2 per cent to file sharing; and 5.5 per cent to chatlines. The Committee requests the Government to continue providing information on these and other educational programmes, and their impact on the elimination of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. In its previous comments, the Committee requested the Government to continue providing information on the number of children withdrawn from trafficking and rehabilitated.

The Committee notes in the Government’s report that in April 2007, the Ministry of Rights and Equal Opportunity instituted the Government Actions Against Trafficking in Human Beings Coordinating Committee (Anti-Trafficking Coordinating Committee). The Anti-Trafficking Coordinating Committee forms an Inter-Institutional Table, whose main and most important objective is the elaboration of a National Anti-Trafficking Plan. This National Anti-Trafficking Plan is a holistic programmatic document in which all interventions by the various actors dealing with the phenomenon can be inscribed. Furthermore, general objectives to improve interventions supporting victims, who are minors, of exploitation and trafficking have been determined, including the primordial importance of strengthening financial resources to be made available for assistance and integration, as per section 18 of Decree No. 286/98 (Unified Text on Immigration) and sections 12 and 13 of Act No. 228/2003. In this respect, by virtue of Act No. 17 of 26 February 2007, the same assistance and integration guarantees to victims of trafficking citizens of the EU who are in a “situation of grave and imminent danger”, as per section 18 of the Unified Text on Immigration, has been extended from the previous reference limiting such guarantees to citizens of “Third Countries”.

To intensify the prevention and combating mechanisms of child prostitution and the sexual exploitation of minors, the Ministry of the Interior created the Observatory on Prostitution and its Related Criminal Phenomena (Observatory on Prostitution), whose duty is to study all forms of assistance to victims and to formulate opinions and proposals to better them. The Observatory on Prostitution published its first report in 2007, in which it clarifies the connections between trafficking and immigration, and trafficking and prostitution.

The Committee further notes that the National Anti-Trafficking Toll Free number continues to operate under the Ministry of Rights and Equal Opportunity for the social protection of victims of trafficking. In the period from March 2000 to April/May 2006, 11,541 victims of trafficking for sexual exploitation, of which 748 were under 18 years of age (266 in 2006 alone), have been assisted by the provisions of section 18 of the Unified Text on Immigration. The Committee notes that not only has the absolute number of minor victims been growing, so has the relative number (when compared to the total number of victims). It also notes that two-thirds of the minors originate from the Balkan and Black Sea states, and the majority of the rest are from various African states, in particular Nigeria. Recently, there has been a constant increase in the number coming from Romania.

Finally, the Committee notes that the Department for Equality of the Presidency of the Council of Ministers has started partnership initiatives with various Italian and transnational projects, including one in which a national and European monitoring system for trafficking has been discussed and planned. A transnational database of the organizations dealing with the problem has also been discussed in order to strengthen the instruments and good practices offering assistance, social and work integration to victims. The Committee requests the Government to continue providing information on the number of children withdrawn from trafficking and rehabilitated, including those rehabilitated pursuant to section 18 of Decree No. 286/98 and Presidential Decree No. 237 of 2005.

Clause (d). Identifying and reaching out to children at special risk. Street children and child beggars. Following its previous comments, the Committee notes that the Department of Social Policies of the Municipality of Rome created the Centre to Combat Begging of Minors in 2003 in order combat child begging. It is an experimental project in Italy that proposes to receive, in a serene and family like environment, children removed from the streets in order to help their condition of life; it has received the patronage of UNICEF. The Committee requests the Government to provide information on the number of children found working in the streets and then rehabilitated and integrated by the Centre to Combat Begging of Minors. It also requests the Government to provide information on other effective and time-bound measures taken to protect street children and child beggars from the worst forms of child labour and the results achieved.

Parts IV and V of the report form. Practical application of the Convention. The Committee notes in the Government’s report that the Postal Police (polizia postale) has an ongoing programme to combat online child pornography. The National Centre to Combat Paedophilia and Child Pornography gathers all notifications, including those from foreign law enforcement authorities and from public and private persons involved in the fight against online child pornography. This Centre must then transmit a constantly updated blacklist of child pornography web sites to the Internet service providers, so that these can prohibit the access to the sites in question, as per certain determined guidelines. From 2001–06, out of the 247,938 web sites visited, 11,769 were confirmed to be of a paedophile nature, 111 were confirmed as being on the national territory and 8,791 notifications were sent to international investigation authorities.

The Committee further notes that the National Anti-Mafia Directorate, whose duty is to coordinate investigations on the national level regarding organized crime, is also responsible for the elaboration and circulation of data regarding the application of Act No. 228/2003 “Measures Against Trafficking in Persons”. Some data gathered for the period ranging from 7 September 2003 to 31 May 2005 include:

(1)   there were 320 criminal proceedings under section 600 of the Criminal Code “Enslavement”, in which 369 victims (111 of them minors) were identified and 947 people investigated (113 of the criminal proceedings are in Rome, covering 279 people investigated and 135 victims, of which 68 were minors);

(2)   in approximately one case out of every ten, proceedings are commenced against unknown authors;

(3)   86 criminal proceedings under section 601 of the Criminal Code “Trafficking and commerce of slaves” were recorded, in which 339 people were investigated and 126 victims identified, of which ten were minors, the majority of which also took place in Rome;

(4)   35 criminal proceedings under section 602 of the Criminal Code “Acquiring and alienating of slaves” were commenced, covering 151 investigated persons and 20 victims, of which four were minors; and

(5)   11 complaints yielded three criminal proceedings for cases related to sexual tourism (abroad).

The Committee requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number and nature of infringements, investigations, prosecutions and convictions, including those cases detected by the National Centre to Combat Paedophilia and Child Pornography.

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

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

Article 3. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Following its previous comments, the Committee notes with interest the Government’s information that Law No. 38 of 6 February 2006 on sexual exploitation of children, paedophilia and pornography including via the Internet has been adopted. Section 2 of this Law states that procuring children under 18 years to participate in pornographic performances constitutes an offence. The same section punishes the dissemination and the offer, even free of charge, of pornographic material. Section 4 punishes as an offence “virtual pornography”, defined as the representation of virtual images using pictures of minors or parts thereof. The Committee takes due note of this information.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee had asked the Government to provide information on measures taken to prohibit the use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs, and sanctions envisaged. The Committee notes the Government’s information that section 73 of Presidential Decree No. 309 of 1990, as modified by Legislative Decree No. 272 of 2005, punishes anyone who produces, manufactures, sells, offers, distributes, transports, trafficks with drugs or psychotropic substances. Section 80 establishes that the offence is aggravated if  the drugs or psychotropic substances are delivered to minors or if the offer of these substances takes place in the vicinities of schools or other juvenile institutions. The Committee also notes the Government’s information that section 671 of the Penal Code punishes the use of children under 18 years for begging. While noting that provisions exist that generally prohibit, inter alia, the production and trafficking of drugs, the Committee notes that they do not appear to prohibit the use, procuring or offering of a child for such activities or to impose heavier sanctions for the use of children for those activities. The Committee requests the Government to indicate whether a provision exists in the relevant legislation which prohibits persons from using, procuring or offering a child for the production and trafficking of drugs and imposes heavier sanctions for the use of children for those activities.

Clause (d). Hazardous work. In its previous comments, the Committee had noted that Law No. 977 of 1967, which prohibits employing children under 18 years in hazardous work, only apply to minors having an employment contract or engaged in an employment relationship. It had requested the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. The Committee notes the Government’s information that the relevant legislation on the prohibition of hazardous work for minors has a general scope of application, which only excludes the exceptions provided for in special legislation. Such exceptions do not concern self-employed work. The Committee takes due note of this information.

Article 6. Programmes of action. The Committee had previously noted that an inter-ministerial protocol was signed and programmes were launched to: (a) establish resource centres to combat irregular school attendance; and (b) disseminate the information collected through specific projects that illustrate the specific risks encountered by children belonging to certain communities. The Committee notes the Government’s information that, following the inter-ministerial protocol, the Ministers of Education and Social Solidarity undertook to carry out a number of educational programmes targeting: schools with risk of “scholastic dispersion” and juvenile criminality; schools in disadvantaged areas with a huge influx of foreign children; and the so-called “itinerant schools” or “street schools”. The intent of the protocol was to include these kinds of schools in the educational projects funded under Law No. 285/97. The Committee notes the Government’s information that in the second three-phase application of Law No. 285/97, 70 projects with the goal of combating school abandonment have been funded. The Committee takes due note of this information and requests the Government to continue providing information on the abovementioned educational programmes and their impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee had previously noted that the Penal Code provides for sufficiently effective and dissuasive penalties of imprisonment and fines for the offences of slavery (section 600); trafficking (section 601); commercial sexual exploitation of minors (section 600bis); pornography (600ter). It had also noted that, by virtue of section 26(1) of Law No. 977 of 1967, a person who employs a child under 18 in hazardous work shall be liable to six months’ imprisonment. The Committee notes the Government’s information that Law No. 38 of 6 February 2006 on sexual exploitation of children, paedophilia and pornography including via the Internet amends section 600bis, subsection (1) punishing the commercial sexual exploitation of minors. By virtue of this amendment, penalties are increased if the victim is younger than 16 years of age. Moreover, Law No. 38 of 2006 creates a new offence of procuring minors to participate in pornographic performances with a penalty of six to 12 years’ imprisonment and fine. That Law also empowers the courts to permanently prohibit anyone who commits these offences from being employed in schools or any public institutions attended by minors”. The Committee takes due note of this information.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. 1. Access to free basic education. The Committee notes the Government’s information that under Law No. 53/2003, which repeals Law No. 9/99, and article 38 of the Constitution, a minor is considered to have completed the cycle of compulsory education after attending compulsory education for at least eight years (i.e. from six to 14 years). It notes that Law No. 53/2003 was adopted to decrease school dropouts, lengthen the cycle of education-vocational training and open schools to the culture of work. This law establishes both the right to education and vocational training for 12 years and the duty to attend school and participate in vocational training.

2. Child pornography and commercial sexual exploitation of children. The Committee notes the Government’s information that a number of measures have been adopted to prevent and combat child pornography. In this regard, section 19 of newly adopted Law No. 38/2006 provides for the establishment of the National Centre for Combating Paedophilia and Pornography on the Internet. The Centre will collect information from public and private sources that institutionally combat pornography. Section 20 of this law provides for the establishment of an institute on child paedophilia and pornography within the Presidency of the Council of Ministers. This institute is in charge of collecting and monitoring information on pornography from various public administrations, as well as creating a net of information with the police, the courts, and others concerned. In addition, the providers of web services are required to communicate to the National Centre for Combating Paedophilia and Pornography on the Internet all relevant information on enterprises or subjects who disseminate or traffic in pornographic material. The Committee notes the Government’s information that Law No. 38 of 2006 also addresses child sexual exploitation in the framework of tourism. In particular, in order to prevent this phenomenon, tour operators have the obligation of inserting in tourist brochures the warning that offences relating to child prostitution and pornography will be prosecuted and punished by Italian law even if committed abroad.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. The Committee had previously noted that, by virtue of section 13 of the Prevention of Trafficking in Persons Act, 2003, a special programme of assistance shall be established for victims of trafficking. It notes the Government’s information that Presidential Decree No. 237 of 19 October 2005 has been adopted to implement section 13 of the Prevention of Trafficking in Persons Act, 2003. The Presidential Decree regulates the programme of assistance for victims of trafficking and its funding through the State, regions and local administrations. Section 1 of this Decree states that the programme of assistance for victims of trafficking temporarily provides them with lodging, meals, and medical assistance for their rehabilitation. The Committee notes the Government’s information that section 18 of Legislative Decree No. 286/98 provides a funded programme of rehabilitation and social integration for victims of trafficking. Under that section, 318 out of 6,871 victims of trafficking included in the social protection programmes funded by the Government from 2000 to 2005, were children under 18 years of age (6.7 per cent). The Committee also notes that, pursuant to section 18 of Law No. 286 of 1998, a hotline to combat trafficking (Numero verde antitratta) has been established in order to allow victims of trafficking to contact the project operators. From 2000 to 2003 this hotline has received 520,936 phone calls, of which 7 per cent from minors between 14 and 17 years of age. The Committee also notes the Government’s information that, with the funds provided pursuant to section 18 of Decree No. 286/98, the Ministry for Internal Affairs and the IOM have jointly undertaken a programme of action to assist foreign victims of trafficking in the repatriation to their countries of origin and provide for their social integration. Under this programme, which ended in 2004, 19 children have been repatriated. The Committee takes due note of this information. It requests the Government to continue providing information on the number of children withdrawn from trafficking and rehabilitated pursuant to section 18 of Decree No. 286/98 and Presidential Decree No. 237 of 2005.

2. Commercial sexual exploitation of children. The Committee had previously noted that two projects were launched at the regional level to provide a way out for child migrants engaged in prostitution or pornographic performances and to provide them with long-term solutions. It notes the Government’s information that these two projects – to combat child prostitution and street prostitution, respectively – have been converted to different projects directly funded by local administrations. In particular, one of the projects, which is currently being conducted in Florence, targets women victims of sexual exploitation. The principal instruments to carry out the projects are the street units and reception centres, such as places of refuge or community (case di fuga), or selected families (especially for girls under 18 years). The street units provide for counselling services on health and socio-medical issues. In the case of minors, the service must contact and alert the courts. The reception centres provide for education, protection and assistance to women and girl victims of prostitution in the period immediately following abandonment of the street. The Committee notes the Government’s information that these projects have had a positive impact based on: (i) listening to the problems of girl victims of prostitution, through the counselling service; (ii) the abandonment of the repressive policy against victims of prostitution towards a new concept of protection and social integration; and (iii) the help and assistance to girl victims of prostitution which promote the reconstruction of their individual and social personality. The Committee requests the Government to provide information on the number of children withdrawn from prostitution and rehabilitated pursuant to these programmes. It also requests the Government to continue providing information on the concrete measures taken to combat child sexual exploitation and on results achieved with regard to removing children under 18 years from commercial sexual exploitation and providing for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. Children exploited for illicit activities, including begging. The Committee notes the Government’s information that the Ministry of Internal Affairs has issued Circular No. 123/A3-3/130/3/52/2003 of 2003 on the employment of children, including foreign children, for begging. In this circular, the opportunity of collaborating with the police and social services in order to combat the phenomenon of children exploited for begging is underlined. The circular, issued on 29 December 2003, directed at public security authorities, establishes measures for the prevention and repression of the exploitation of children for begging, which is directly linked to the involvement of children (especially foreign children) in illicit activities by groups of criminals. The Committee requests the Government to continue providing information on the effective and time-bound measures adopted to protect children exploited for illicit activities, including begging, from the worst forms of child labour.

Article 8. International cooperation. Following its previous comments, the Committee notes the Government’s information that the Minister of Foreign Affairs, through the General Directorate of Cooperation to Development, provides assistance to other countries through various means to combat the worst forms of child labour. The measures adopted to this end regard the issues of elimination of poverty, children working in the street, trafficking of children, commercial sexual exploitation of children, pornography through the Internet, and compulsory conscription of children for use in armed conflict. With regard to the issue of trafficking and commercial sexual exploitation of children, the Italian Government has contributed to the funding of projects in the Balkan region (Albania: protecting children from illegal emigration); in Africa (Côte d’Ivoire, Mali and Nigeria); in Central America (Dominican Republic and Caribbean area); and Asia. The Committee also notes with interest the Government’s information that on 19 June 2003 it signed with Romania a Protocol of collaboration between Bucharest and Turin on the repatriation of Romanian minor victims of trafficking and exploitation. With regard to programmes to combat the use of children in armed conflict, the Committee notes the Government’s information that it provided funds to international organizations and NGOs for projects in Africa (Eritrea), in the Balkan region, in Bosnia and Herzegovina, and in South America (Colombia). Finally, regarding poverty alleviation programmes, the Committee notes the Government’s information that it funded a number of alimentary and educational programmes, especially in Africa.

Part III of the report form. The Committee notes the Government’s information that the Tribunal of Piacenza issued two judgments regarding the use of children for begging (section 671 of the Penal Code). In both cases the offenders were condemned to two months’ imprisonment. Another decision by the same Tribunal concerned child pornography (a penalty of two years and 11 months’ imprisonment and to a fine of 800 euros). Moreover, the Tribunal of Pordenone issued ten decisions regarding the possession of child pornographic material (section 604quater of the Penal Code). The offenders were ordered to payment of a fine.

Parts IV and V of the report form. Practical application of the Convention. The Committee notes the Government’s information that, with regard to child labour inspections, in 2005 a total number of 1,987 children have been found working irregularly. In this context, 34 violations concern the employment of children in hazardous work. It notes the Government’s information that the investigative activity of the police of post and communications, which is the authority in charge of monitoring child pornography on the Web, has progressively increased from 1998 to the first semester of 2005. In particular, from 1998, 209,566 web sites have been monitored. As a result of this monitoring, 152 Italian web sites were subjected to inspection and 9,520 warnings were directed towards foreign investigative authorities. Furthermore, 3,113 persons have been denounced in Italy and 146 arrested. The Committee notes the comprehensive “judicial statistics” provided by the Government with regard to the number of child victims of the offence of slavery and trafficking from 2001 to 2003, as well as the number of offences regarding child prostitution and pornography from 1998 to 2003. In particular, it notes that the number of offences concerning child pornography has registered the highest level in 2001 (1,767 offences) and has progressively decreased in 2002 and 2003. The Committee takes due note of this information and requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number and nature of infringements, investigations, prosecutions and convictions.

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

The Committee takes note of the Government’s first and second reports. The Committee requests the Government to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s indication that a working group, composed of government representatives and the social partners, was established within the Department of Social Affairs to combat the exploitation of children. The members of this working group signed an agreement in 1998 to promote children’s rights and to eliminate the labour exploitation of children. The Committee asks the Government to provide information on the impact of this agreement on the elimination of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). 1. Slavery, or practices similar to slavery, such as forced or compulsory labour. The Committee notes with interest the adoption of the Prevention of Trafficking in Persons Act on 11 August 2003. It observes that, by virtue of section 600 of the Penal Code (as amended by the Prevention of Trafficking in Persons Act of 11 August 2003), anyone who maintains a person in servitude or slavery, and compels him or her to provide labour or sexual services, to beg or to perform any other services for which he/she will take the benefits, commits an offence.

2. Sale and trafficking of children. The Committee observes that it is an offence to induce or force, by means of violence, threats or deception, a person to enter, stay in, leave or travel within the national territory, for the purposes of labour or sexual exploitation (sections 600 and 601 of the Penal Code as amended by the Prevention of Trafficking in Persons Act, 2003). According to sections 600 and 601 of the Penal Code, it is also an offence to engage in the trafficking of persons for the purposes of begging. Moreover, section 602 of the Penal Code provides for sanctions for anyone who buys, sells or otherwise disposes of a person for the purposes of labour or sexual exploitation or begging. The Committee also notes that, by virtue of section 10(3) of the Law on Immigration Control, 1998, anyone who helps and abets foreigners to enter the state territory in order to procure them for the purposes of prostitution, or in the case of minors, to procure them for unlawful activities in order to take advantage of their earnings, shall be liable to imprisonment.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee takes due note that Law No. 269 of 3 August 1998 amends the Penal Code so as to prohibit child prostitution and pornography. Thus, section 600bis of the Penal Code states that anyone who induces a person under 18 years of age to become a prostitute commits an offence. According to subsection (2) of section 600bis, it is an offence to carry out sexual acts with a minor in exchange for cash or payment in kind. Section 600ter of the Penal Code stipulates that it is an offence to use a child for the production of pornography. It is also an offence to possess, distribute, or publish pornographic material showing children under 18 years of age (sections 600ter and 600quarto of the Penal Code). The Committee also notes that, by virtue of section 600quinque of the Penal Code, anyone who engages in sexual tourism (i.e. organization of trips abroad in view of having sexual intercourse with children under 18 years of age) is liable to imprisonment.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the absence of information in the Government’s report on this issue. However, it notes that according to the report of the International Organization for Migration (IOM) on "Trafficking in unaccompanied minors for sexual exploitation on the European Union" of 2001, the Ministry of Interior indicated in 1999 that dinghies do not only carry human cargo, but also drugs, mainly marijuana, hashish, cocaine and heroin. It is therefore not uncommon for illegal immigrants, especially minors, to decide to pay for their fare by acting as drug carriers or by accepting to work as drug dealers upon arrival in Italy. The Committee recalls that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs are considered to be one of the worst forms of child labour, and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged.

Clause (d). Hazardous work. The Committee notes that according to section 6 of Law No. 977 of 17 October 1967 on the employment of children and young persons, it is prohibited to employ young persons (i.e. person under 18 years of age) in the types of work listed in the annex. This detailed list refers to types of hazardous work. However, the Committee notes that, by virtue of section 1(1) of Law No. 977 of 1967, the provisions stated therein only apply to minors having an employment contract or engaged in an employment relationship. The Committee, consequently, requests the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age against types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that section 7 of Law No. 977 of 1967 (as amended by section 8 of the Legislative Decree No. 345/1999) states that, before assigning a minor (i.e. a person under the age of 18 according to section 1 of the Law) to work, an employer shall assess the level of the hazard involved in the occupation for the minor. Special attention shall be paid to the following: (a) the immaturity, lack of experience and awareness of the minor; (b) the layout of the workplace; (c) the nature, degree and duration of exposure to chemical, biological and physical agents; (d) manual handling of loads; (e) the arrangement and handling of work equipments, in particular agents, machines, devices and tools; (f) the arrangement of work processes and operations, and the way they interact with the overall organization of work; and (g) the level of training and instruction given to the minor. The Committee also notes that, by virtue of section 6 of Law No. 977 of 1967, young persons (i.e. persons under 18 years of age) are not permitted to work in the activities listed in Annex 1 of Law No. 977 of 1967 (as amended by Legislative Decree No. 345/1999 and Legislative Decree No. 262/2000). The Committee observes that Annex 1 provides for a detailed list of occupations prohibited to young persons, such as: work processes entailing exposure to physical agents (pressurized containers, underwater diving, noise reaching a determined level); biological agents (as defined in Title VIII of Legislative Decree No. 626/1994 and Decrees Nos. 91 and 92 of 3 March 1993); chemical agents (leads or asbestos, substances which may cause irreversible effects, heritable genetic damage, serious damage to health, impair fertility, cause harm to the unborn child); the manufacture and handling of devices or other objects containing explosives; work in slaughterhouses, foundries; excavation work, work in tunnels, quarries and mining; and tobacco processing.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the Government’s indication that, in order to determine and locate the different types of work children are involved in, the Ministry of Labour asked the District Offices in charge of monitoring for special reports. The Committee accordingly requests the Government to provide information on the findings of the District Office.

Article 4, paragraph 3. The periodical examination and revision of the types of hazardous work. The Committee notes the absence of information in the Government’s report on this point. However, it notes that, according to section 6 of Law No. 977 of 1967, the types of work that persons under 18 shall not perform, will be amended in accordance with technological progresses and European Union standards. The Committee also observes that Law No. 977 of 1967, which lists the types of hazardous work for young persons, has already been amended twice in light of scientific and technical developments. Hence, Legislative Decree No. 345 of 1999 and Legislative Decree No. 262 of 2000 introduced new provisions on exposure to noise or chemical agents. The Committee asks the Government to indicate whether the organizations of employers and workers concerned were consulted on these amendments.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that the Ministry of Labour, through its inspection activities, monitor the implementation of the provisions giving effect to the Convention. The Government also states that a telephone helpline has been established by the Department of Social Affairs in collaboration with the labour inspectorate and the social partners to provide information to exploited children and receive complaints.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that the Italian organization of employers (COFINDUSTRIA) drafted two social protocols ("Protocolli sociali") applicable in the footwear and textile industries. These protocols aim at ensuring that the principles laid down in ILO Conventions on child labour are respected. For instance, it is specifically stated that the contracting parties shall ensure that slavery or similar practices such as forced or compulsory child labour do not occur in their enterprises. They shall also ensure that the working conditions do not endanger the health, safety or morals of children. They shall further ensure that their direct suppliers do not exploit children. It is further stated that, the contracting parties will undertake a periodic review of the implementation of the so-called social protocols. The Committee asks the Government to provide information on the impact of these protocols on the elimination of the worst forms of child labour in the footwear and textile industry.

The Committee notes the Government’s indication that Convention No. 182 gave rise to an inter-ministerial debate on the relationship between irregular school attendance, the labour exploitation of children, the illicit employment of children, the situation of poor families and the need to ensure the exchange of information between the various authorities working on child labour issues. An inter-ministerial protocol was signed and programmes were launched to: (a) establish resource centres to combat irregular school attendance; and (b) disseminate the information collected through specific projects which illustrate the specific risks encountered by children belonging to certain communities. The Committee requests the Government to provide information on the impact of these programmes with regard to the elimination of the worst forms of child labour. It also asks the Government to indicate if such programmes were designed and implemented in consultation with the organizations of employers and workers concerned.

Article 7, paragraph 1. Penalties. The Committee notes that the Prevention of Trafficking in Persons Act, 2003 amended the Penal Code so as to increase penalties from five to 15 years of imprisonment to eight to 20 years of imprisonment for anyone found guilty of maintaining a person in slavery or servitude (section 600 of the Penal Code), and for anyone violating the provisions on trafficking (section 601 of the Penal Code). The Committee also notes that, in both cases, penalties shall be increased by one-third to one-half when the offence is committed against a person under 18 years of age. It also observes that, by virtue of section 10(3) of the Law on Immigration Control, 1998 anyone who helps and abets foreigners to enter the state territory in order to procure them for prostitution or, in the case of minors, to procure them for illicit activities shall be liable to five to 15 years of imprisonment for each foreigner who illegally entered the country. By virtue of subsection (2) of section 600bis of the Penal Code, a person who offers money or other kinds of advantages to have sexual intercourse with a minor is liable to six months to three years of imprisonment or a fine of not less than 10 million lira (approximately 5,150 euros). The Committee also notes that the use of children for the production of pornographic material is punishable by imprisonment of between six and 12 years (section 600ter of the Penal Code) and a fine of 50 to 500 million lira (approximately 35,000 to 350,000 euros). It further notes that, by virtue of section 26(1) of Law No. 977 of 1967, a person who employs a child under 18 in hazardous work shall be liable to six months’ imprisonment.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. 1. National Fund to promote the rights and welfare of children and young persons. The Committee notes the Government’s indication that, under the 2004 project of the Ministry of Labour, a handbook on child labour will be drafted. It will include a review of good practices taken by local authorities, and the text of the ILO guidelines for labour inspectors. The Committee observes that a national fund to promote the rights and welfare of children and young persons was established pursuant to the adoption of Law No. 285 of 28 August 1997 on the promotion of the rights and opportunities of children and young persons. The Committee notes the Government’s statement that the funds envisaged in Law No. 285/1997 are being used to finance projects which have an impact on children’s and adolescents’ quality of life, and contribute to preventing their social exclusion which might lead to their premature or illicit employment. It notes for instance that some programmes focus on the integration of foreign children, the establishment of youth centres for children in need (including children of families in crisis situations), support for children facing difficulties at school, increasing opening hours of libraries. The Committee asks the Government to provide information on the impact of these programmes financed by the National Fund on preventing the engagement of children in the worst forms of child labour.

2. Ensuring access to free basic education. The Committee notes that, by virtue of section 1 of Law No. 9 of 20 January 1999 on urgent provisions for higher compulsory education, the period of free and compulsory schooling is extended from eight to ten years as from 1999-2000.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. 1. Child victims of trafficking. The Committee notes that, according to section 12 of the Prevention of Trafficking in Persons Act, 2003, an Anti-trafficking fund shall be established to finance programmes of assistance and social integration of victims of trafficking. The Committee also observes that by virtue of section 13 of the Prevention of Trafficking in Persons Act, 2003, a special programme of assistance shall be established for victims of slavery or trafficking. These programmes shall provide for temporary appropriate housing, subsistence and health care for victims of slavery or trafficking. The Committee asks the Government to provide information on the impact of these programmes of assistance established by the Anti-Trafficking Fund on the rehabilitation and social integration of children below 18 who are victims of slavery and/or trafficking.

2. National plan for social inclusion. The Committee notes the Government’s statement that centres for the rehabilitation and social integration of children were established pursuant to the National Plan for Social Inclusion of 2001. The Committee requests the Government to provide information on the number of children under the age of 18 who visit these centres as well as the types of occupations in which they were engaged. It also asks the Government to indicate the degree of success these centres have had in ensuring the rehabilitation and social integration of children previously engaged in the worst forms of child labour.

3. Commercial sexual exploitation of children. The Committee notes the Government’s indication that two projects were launched at the regional level to provide for alternative routes for child migrants engaged in prostitution or pornographic performances and to provide them with long-term solutions. The projects aim at providing the necessary assistance for these children to return to their country of origin or to include them in social reintegration schemes. The Committee asks the Government to provide information on the implementation of these two projects as well as the results achieved.

Clause (d). Identifying and reaching out to children at special risk. Child prostitutes. The Committee notes the Government’s statement to the Committee on the Rights of the Child (CRC/C/70/Add.13, paragraph 321) that the problem of child prostitution in Italy merits special attention. The Government also indicated, to the Committee on the Rights of the Child (CRC/C/70/Add.13, paragraph 322), that no specific data exist in relation to this phenomenon. However, it is estimated that there are approximately 2,200 prostitutes under 18 years of age. The Committee also notes the Government’s indication that a national commission, in 1998, was established to coordinate strategies to combat child sexual exploitation. Five operational strategies were identified: (a) collection of exhaustive data on abuses committed against children; (b) organization of basic training activities for all persons in contact with abused children; (c) creation of inter-institutional agreements to implement a comprehensive programme providing support for child victims; (d) development of national and international coordination between the various institutions concerned with the sexual exploitation of children; (e) conclusion of agreements with the mass media to promote child rights. The Committee asks the Government to continue to provide information on the concrete measures taken by the National Commission to combat child sexual exploitation, and on the results achieved by such measures with regard to removing children under 18 from commercial sexual exploitation and providing for their rehabilitation and social integration.

Clause (e). The special situation of girls. The Committee notes the absence of information in the Government’s report on this issue. The Committee requests the Government to provide information on the measures taken to address the special situation of girls engaged in the worst forms of child labour.

Article 7, paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee observes that, according to section 29 of Law No. 977 of 1967 on the employment of children and young persons, the Ministry of Labour, through the labour inspectorate is responsible for the implementation of this Law. The Committee notes that according to the report of the IOM entitled "Trafficking in unaccompanied minors for sexual exploitation in the European Union" (May 2001, page. 137), investigations into the trafficking in human persons for the purposes of exploitation are coordinated by the central office of the criminal police (under the Italian Ministry of Interior, Department of Public Security). The Committee also notes that, by virtue of section 17 of Law No. 269 of 1998, a special unit was established within the mobile team of the police; this special unit is responsible for matters relating to the sexual exploitation of children. The Committee further observes that section 17 of Law No. 269 of 1998 states that the President of the Council of Ministers shall coordinate the activities of the various public administrations concerning the prevention of the sexual exploitation of children and assistance for child victims of sexual exploitation.  It also observes that an Inter-Ministerial Commission on trafficking was established within the department of equal opportunities to support victims of trafficking and contribute to the elimination of criminal organizations involved in the forced prostitution of immigrants’ children.

Article 8. International cooperation. The Committee takes due note that Italy is participating, since 1995, in ILO-IPEC projects on the elimination of the worst forms of child labour worldwide. For instance, it supported an ILO-IPEC project in Bangladesh which aimed at training 700 children, who were former workers from the clothing industry, and allocating financial aid to their families. Italy also participated in a project conducted by ILO-IPEC in Pakistan, that seeks to remove 500 children under 14 years of age working in the production of surgical instruments. Italy also took part in an ILO-IPEC project on the elimination of child debt bondage in Nepal. The Committee further notes that the Italian Government supports a project focusing on the elimination of the economic exploitation of young persons in the silk industry in India, as well as a project on the prevention and elimination of child labour in South Asia. Support has been provided by the Government in El Salvador, Guatemala and Honduras, for programmes targeting the sexual exploitation of children, the trafficking of children and child "garbage pickers".

Child victims of trafficking. The Committee notes that Italy is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also notes the Government’s statement, to the Committee on the Rights of the Child, that children are brought to Italy by organizations to be used as beggars, prostitutes or thieves, and are sometimes reduced to a state similar to slavery (CRC/C/70/Add.13, paragraph 345). The Government nevertheless indicates that Italy has not yet concluded any bilateral or multilateral agreements with other States, and does not feel the need to do so in view of the low incidence of the phenomenon. The Committee however observes that, according to the Parliamentary Committee’s report on trafficking in human beings (quoted in the report of the IOM, "Trafficking in unaccompanied minors for sexual exploitation in Europe", 2001, page 148), 35,000 illegal immigrants cross the Italian-Slovene border each year. It further indicates that most of the young women from Central and Eastern Europe crossing this border are destined for prostitution and a large number of them are minors. The Committee notes that section 14 of the Prevention of Trafficking in Persons Act of 11 August 2003 states that, in order to enhance the effectiveness of actions to prevent slavery or servitude and trafficking of persons, the Ministry of Foreign Affairs shall define policies for cooperation with the countries concerned by these crimes. The Committee asks the Government to provide information on the measures of cooperation taken pursuant to section 14 of the Prevention of Trafficking in Persons Act, 2003.

Part III of the report form. The Committee notes the absence of information in the Government’s report on any court decisions involving questions of principle relating to the application of the Convention. However, the Government indicates that 2.19 per cent of the companies established in northern Italy, 4.92 per cent of those established in the centre of Italy and 7.26 per cent of those located in the south employ illegal child workers. The Committee accordingly asks the Government to supply information on any court decisions regarding the legislation relevant to the application of the Convention.

Part V. The Committee notes the Government’s statement, in 1999, that the Ministry of Labour and Social Policies mandated the National Institute of Statistics to carry out a survey to identify situations where children were at a higher risk of performing work that is likely to harm their health, safety or morals. The Committee notes that the Government supplied a copy of the 2002 report of the Ministry of Labour and Social Policy and the National Institute of Statistics providing for data on child labour. The Committee observes, for instance, that in 1996, 9,000 males under 18 years of age and 1,318 females under 18 years of age suffered from temporary or permanent professional injuries, and were compensated. The number of injuries reported and compensated, in 2000, dropped to 6,569 for males under 18 years of age and to 1,084 for females under 18 years of age. It also observes that injuries suffered by workers under 18 years of age count for approximately 1.3 per cent of the total work injuries. The Committee also notes the Government’s statement that the percentage of illegal recruitments, compared with the number of children in employment was 30 per cent, while overall there were 3,018 recorded cases of violations of child labour legislation, an increase of 19.52 per cent over the year 2000. The Committee asks the Government to provide further information on the types of violations noted, and whether they concern the employment of children in hazardous occupations or not.