Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Article 3 of the Convention. Worst forms of Child labour. Clause (a) Sale and trafficking of children. In its previous comments, the Committee noted Act No. 20507 of 2011, which introduced into the Penal Code provisions criminalizing trafficking in persons and that established the penalty of rigorous imprisonment (reclusion mayor) in cases where the victims are minors (section 411quater of the Penal Code). The Committee notes that, according to the Statistical Report on Trafficking in Persons in Chile 2011-2020, prepared by the Intersectoral Forum on Trafficking in Persons, of the total number of victims of trafficking identified during the period 2011-2020, some 7 per cent were boys, girls and adolescents (of whom, 86 per cent were female and 14 per cent male). It notes that 47 criminal cases were prosecuted for trafficking in persons, of which 40 have been finalized and 21 resulted in convictions. However, the Committee observes that there is no information on the number of these cases that were related to victims under 18 years of age. The Committee therefore requests the Government to provide specific information on the number of investigations, judicial procedures and convictions under section 411quater of the Penal Code in relation to trafficking in children under 18 years of age. It also requests the Government to continue providing updated statistical data on the number of children who have been victims of trafficking for sexual and labour exploitation.

Clause (b). Use of children for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that, in accordance with section 367 of the Penal Code, any person who promotes or facilitates the prostitution of minors to satisfy the desires of others shall be liable to the maximum sentence of presidio menor (short-term imprisonment). The Committee also noted the implementation by the Government of the Second Framework of Action to combat the commercial sexual exploitation of children and adolescents with the objective of reviewing and promoting legislation to penalize this practice. The Committee notes the Government’s indication in its report that a Third Framework of Action was established to combat the sexual and commercial exploitation of children and adolescents for the period 2017-19 with the objective of launching coordinated strategies involving public bodies and civil society actors to prevent and detect the commercial sexual exploitation of children. In 2020, the results of the Third Framework were evaluated with a view to the development of a Fourth Framework of Action. The Committee also notes that, according to the information from the System for the Single Recording and Intervention on the Worst Forms of Child Labour (PFTI) provided by the Government, during 2020 a total of 74 children and adolescents were recorded as being used for child pornography and 72 children and adolescents for paid sexual activities in the streets or enclosed spaces.

The Committee notes with interest that, in June 2021, the Government submitted to the Chamber of Deputies a Bill introducing a new paragraph into Book II, Title VII, of the Penal Code respecting the procuring and the sexual, commercial and pornographic exploitation of children and adolescents (Bulletin 14440-07). The Bill envisages the replacement of the term “prostitution” contained in section 367 of the Penal Code by “sexual exploitation”, meaning the use of a child under 18 years of age for a sexual act or an act with sexual significance in exchange for any type of remuneration. The Bill increases the penalty for committing this offence to any sentence of rigorous imprisonment (presidio mayor). The Bill also proposes the introduction into the Penal Code of a new section (section 367ter) establishing the penalty of shorter imprisonment (presidio menor) for the production of pornography using children under 18 years of age. The Committee welcomes the measures taken by the Government to prevent and penalize the use of children under 18 years of age for commercial sexual exploitation and the production of pornography, and requests it to provide information on progress in the adoption of the Bill to amend the Penal Code (Bulletin 14440-07). Furthermore, while awaiting the adoption of these reforms, the Committee requests the Government to provide information on the number of investigations, judicial procedures and convictions under section 367 of the Penal Code, and encourages it to continue providing updated statistical data on the number of children who are victims of commercial sexual exploitation, including the production of pornography.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the victims of the worst forms of child labour Child victims of trafficking and commercial sexual exploitation. The Committee notes the Government’s indication that during 2020 a total of 16 specialized mobile protection programmes against commercial sexual exploitation were implemented by the National Service for Minors (SENAME) in the various regions of the country designed to restore the rights of child victims of this practice in all its forms and focussing on compensation for the damage caused, family and social integration and the strengthening of protection capacities. Between 2018 and 2020, a total of 4,307 children victims of commercial sexual exploitation were registered and assisted through these programmes. The Committee also notes the creation by Act No. 21.302 of 2020 of the National Specialized Protection Service for Children and Young Persons. The purpose of the Service is to ensure specialized protection for children who are under serious threat or who have suffered violations of their rights, in the form of a specialized diagnostic, the restoration of rights, compensation for the damages caused and the prevention of further violations. The Committee also notes that, in its concluding observations for Chile in 2021, the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of their Families expressed concern at the overcrowded and unsuitable conditions in the SENAME residences that provide support for children and adolescents who are victims of trafficking in persons (CMW/C/CHL/CO/2, paragraph 59). The Committee notes the measures adopted and encourages the Government to continue its efforts to provide the necessary and appropriate direct assistance for child victims of trafficking in persons and commercial sexual exploitation and to ensure their rehabilitation and social integration. In this connection, the Committee requests the Government to provide information on the number of child victims who have received protection from the National Specialized Protection Service for Children and Young Persons. Finally, the Committee requests the Government to provide detailed information on the impact of the measures adopted.

Clause (d). Children at special risk 1. Street children. In its previous comments, the Committee noted the measures taken by the SENAME to provide direct assistance to street children, return them to their families and reintegrate them in social programmes and it requested the Government to provide information on the impact of these measures. The Committee notes the Government’s indication that between 2018 and 2020 the SENAME maintained specialized protection programmes for children in the streets in the Metropolitana, Del Maule and Los Lagos regions. It also notes that the SENAME identified a total of 547 cases of children and adolescents in the streets in 2018, which were mainly in the regions of Metropolitana, Los Lagos, Valparaíso and Biobío. The Committee once again requests the Government to provide information on the impact of the measures adopted to protect street children from the worst forms of child labour, including information on the number of children who have benefited from the programmes implemented by the SENAME in this respect.

2. Migrant children. The Committee notes the publication by the Subsecretariat of Labour in 2018 of the publication “Qualitative study on child labour and the migrant population”. The factors identified by the study that have an impact on the early entry of children and young persons into the world of work include: the socio-economic conditions of families composed of adults with a low level of schooling; experience of child labour in their countries of origin from a very young age; and a normalized vision of child labour. The Committee also notes the agreements concluded by the Government with neighbouring countries for the protection and safe return of children and adolescents without parental care. The Committee encourages the Government to take measures to prevent children from becoming victims of the worst forms of child labour, including measures to guarantee them access to quality education and knowledge of their rights, and requests it to provide information on the impact of such measures.

Article 8. International cooperation and assistance. In its previous comments, the Committee noted the participation of Chile as a founding member in the Latin America and the Caribbean Free of Child Labour Regional Initiative. The Committee notes that one of the specific actions that has arisen with the participation of Chile in the Initiative is the implementation of the Child Labour Vulnerability Index, which had already been implemented in the various regions of Chile in 2020. The Committee encourages the Government to continue its international cooperation efforts with a view to eliminating the worst forms of child labour and to continue providing information on the results achieved.