Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Eslovaquia (Ratificación : 1999)

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that the new Criminal Code (Act No. 300/2005) and the Criminal Procedure Code (Act No. 301/2005) have been adopted in 2005 to enhance the protection of children against the worst forms of child labour. These Acts will enter into force on 1 January 2006. The Committee also notes the Government’s information that Act No. 305/2005, Coll. "on social and legal protection of children and on social curatorship and on amending and supplementing certain acts" has been adopted. The Committee asks the Government to provide a copy of Act No. 305/2005.

Article 3. The worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee notes that section 179 of the new Criminal Code prohibits the sale and the trafficking in persons for the purposes of prostitution, sexual exploitation, pornography, forced labour, slavery and slavery-like practices, removal of organs and other forms of exploitation. A higher penalty is provided when this offence is committed against protected persons, including children under the age of 18. The Committee takes due note of this information.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that section 182 of the new Criminal Code prohibits the illegal deprivation of freedom. A higher penalty is provided when this offence is committed against protected persons, including children under the age of 18. The Committee also notes that section 183 of this Code prohibits the illegal limitation of personal freedom. It further notes that section 181 prohibits the illegal exploitation of child labour. The Committee takes due note of this information.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee takes due note of the Government’s information that, under section 6, subsection (2) of the Compulsory Military Service Act, compulsory military service shall commence on 1 January of the year when the male citizen has reached the age of 18.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 367 of the new Criminal Code punishes any person who uses or offers prostitutes, facilitates prostitution or profits from it. A higher penalty is provided when this offence is committed against protected persons, including children under the age of 18. The Committee takes due note of this information.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee notes that section 368 of the new Criminal Code prohibits the use, procuring, offering or misuse of a child under the age of 18 for the production of pornography. The Committee also notes that section 369 prohibits spreading (making copies, transportation, acquisition and making accessible) of child pornography and section 370 prohibits having such pornographic materials in possession. The Committee takes due note of this information.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that section 172 of the new Criminal Code deals with drug-related offences, including the production, import, export or transit of drugs, psychotropic substances and precursors. Subsection (3) provides for a higher penalty in case when a child under the age of 15 is a victim or involved in these drug-related offences. The Committee reminds the Government that the prohibition contemplated in Article 3(c) of the Convention applies to children under 18 years of age. The Committee accordingly requests the Government to indicate the measures taken or envisaged to extend the prohibitions currently in place for children under 15 to children under 18 years of age.

Article 3, clause (d,) and Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted the Government’s information that a list of the types of work and workplaces that are prohibited to an adolescent employee (defined in the Labour Code as "an employee younger than 18 years of age") in accordance with the relevant directive of the European Union was being prepared by the Government under section 175(3) of the Labour Code. The Committee had asked the Government to supply a copy of the list once it has been adopted. The Committee notes that the new Regulation No. 286/2004 Coll. "on the list of works and workplaces that are prohibited to adolescent employees and on certain duties prescribed for employers in employing these adolescent employees" was adopted in 2004. This Regulation superseded the resolution No. 32/1967 of the Government concerning the list of types of work prohibited to women and juveniles. The Committee notes that the new Regulation contains a comprehensive list of hazardous types of work prohibited to adolescent employees, including work with dangerous physical, biological, chemical factors and technological processes. The Committee takes due note of this information.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously asked the Government to indicate measures taken to identify where the types of work determined as hazardous exist. The Committee notes that the Government has adopted a number of special regulations by which employees are protected against risks at work. Pursuant to section 8(1) of Act No. 330/1996 on safety and protection of health at work, the employer is obliged to observe the duties laid down by special regulations and to examine the dangers and hazards, to assess the risks and to work out a written document thereon for all employees, particularly with respect to special groups of employees, including adolescents. The Committee also notes the Government’s information that under Regulation No. 511/2004 "on the criteria for categorization of works from the aspect of health risks and on formalities of a proposal for placing works into categories", types of work are classified into four categories according to the presence of factors that may affect the health of employees and according to the health risk assessment. Proposals for placing types of work into categories are submitted to the competent health protection body by the employer or by the physician providing health services at work. The employer is obliged to notify the competent health protection body of any revision of the conditions of work performance, which could have an effect on the placement of types of work into the relevant category. The Committee further notes the Government’s indication that, pursuant to Act No. 272/1994 on health protection of people, the employer, in whose workplace a work involving risks to health is being carried out, is obliged to keep and make available records of every employee assigned to a risk-involving work. Only persons having good health can work in workplaces with increased risks to health. The Committee takes due note of this information.

Article 5. Monitoring mechanisms. The Committee had previously asked the Government to indicate which mechanisms have been established or designated to monitor the implementation of provisions giving effect to the Convention and to communicate detailed information on their functioning. The Committee notes that pursuant to Act No. 95/2000 on labour inspection, the National Labour Inspectorate and its subordinated regional labour inspection units monitor compliance with regulations on safety and health protection at work. Under section 13 of this Act, a labour inspector shall be, in particular, authorized to: enter freely at any time workplaces subject to labour inspection; perform checks, tests and investigations; demand presentation of documents and records; order elimination of ascertained deficiencies immediately or by a period determined by him; prohibit the use of working areas, machines, equipment and work which pose a direct threat to the safety and health of employees; prohibit overtime work, night work, work for women and adolescents if such are performed in violation of the pertinent provisions; submit proposals for imposition of penalties; and impose disciplinary penalties. The Labour Inspectorate is empowered to impose upon the employer a fine up to SKK 1 million for violation of labour legislation, including regulations on the conditions of work of adolescents. The Committee also notes the Government’s indication that, in accordance with the Criminal Code, law enforcement bodies act in cases establishing criminal offences. In particular, the department for trafficking in persons, sexual exploitation and support of victims of the Police force of Slovakia actively operates in the area of detection, investigation and prosecution of trafficking in persons. The Committee takes due note of this information.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously asked the Government to provide information on the measures taken or envisaged to design and implement programmes of action to eliminate the worst forms of child labour as a matter of urgency, in consultation with the employers’ and workers’ organizations concerned. The Committee notes the Government’s information that an updated Comprehensive Programme to Combat Criminality was approved in 2003. This programme lists the main tasks of fighting criminality, including protection against child abuse. The Committee also notes that the Government, through resolution No. 837 of 7 August 2002, approved the National Action Plan for Children. The tasks of this Action Plan, in particular, include: education and training of children and youth; healthcare of children and youth; protection of children and youth against negative phenomena; the care provided to children living outside their own family; participation of children and youth in the court proceedings that affect them; and training of staff in different areas. The Committee requests the Government to provide information on the achievements and impact of these programmes on eliminating the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that sections 179, 181, 182, 367, 368 and 172 of the Criminal Code establish sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting: the sale and trafficking in persons including children under the age of 18 for the purposes of sexual and labour exploitation; illegal exploitation of child labour; illegal deprivation of freedom; pimping; the use, procuring, offering or misuse of children for the production of pornography; and involving a child under the age of 15 in drug-related crimes. It also notes that section 17 of the Act on Labour inspection provides for dissuasive fines for violation of the labour legislation. 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 (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that compulsory education in Slovakia starts at the age of 6 and lasts ten years. It also notes that the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.140 of 23 October 2000, paragraph 45) acknowledged with appreciation that ten years of schooling is compulsory and free in Slovakia. The Committee takes due note of this information.

Clauses (b) and (e). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration and take account of the special situation of girls. The Committee had previously noted the concluding observations of the Committee on the Rights of the Child dated 23 October 2000 (document CRC/C/15/Add.140, paragraphs 49 and 50) expressing the concern that "Slovakia has become a transit country for the transport of children for pornography, prostitution and sex tourism". It had also noted the statement of the International Confederation of Free Trade Unions (ICFTU) that "trafficking of women and girls for the purposes of forced prostitution is a serious problem and the Slovak Republic is a source, transit and destination country for the trafficking of women and children for the purposes of forced prostitution". The Committee had asked the Government to communicate its observations on these comments. The Committee notes that the Government elaborated the National Action Plan for the Prevention and Elimination of Violence against Women for the years 2005-08. It also notes that the Government is preparing the National Action Plan for Fighting Trafficking in Persons, which it should approve by the end of 2005. To implement this Action Plan, the Government will appoint a national coordinator for the fight against trafficking in persons who will coordinate the activities of the responsible ministries, authorities and interested non-governmental and intergovernmental organizations. The Committee further notes the Government’s information that the trafficked persons are provided effective and comprehensive assistance that allows their social reintegration. It notes the existing cooperation of the Government with non-governmental and intergovernmental organizations in the areas of prevention and work with trafficked persons, including psychological and legal assistance and measures to integrate the trafficked persons into the society. The Committee asks the Government to keep it informed of the effective and time-bound measures taken to combat trafficking in persons and to provide rehabilitation and social integration to the victims of trafficking, in particular, girls trafficked for sexual exploitation. It also requests the Government to provide information on the progress made in the elaboration and implementation of the National Action Plan for Fighting Trafficking in Persons.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee had previously requested the Government to communicate information on the programme for the upbringing and education of Roma children and pupils, established by the Ministry of Education, and on the results attained. The Committee notes the detailed information in the Government’s report on the measures taken to address the issues of the Roma community. In particular, it notes that the Government has established the Office of the Plenipotentiary for Roma communities. The Committee also notes that the Government, through resolution No. 498 of 26 May 2004, approved "the concept for the integrated education of Roma children and youth, including the development of secondary and tertiary schooling". The concept assumes, inter alia, the strengthening of pre-school education for the Roma children, increasing the educational level of Roma children, developing a system of educational counselling, teacher training and innovating study programmes. The Committee takes due note of this information.

Article 8. International cooperation and assistance. 1. International cooperation. The Committee notes that Slovakia 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 that Slovakia has ratified the following international treaties: the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters; the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime; the Optional Protocol to the United Nations Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography.

2. Regional cooperation. The Committee notes that Slovakia has concluded an international treaty with the Czech Republic on the cooperation in fighting criminality, on the protection of public order and the protection of the state border, which entered into force on 24 February 2005. It also notes that Slovakia has concluded an international treaty with Austria on police cooperation, which entered into force on 1 July 2005. These agreements provide for cooperation in preventing and prosecuting crimes that concern, in particular, trafficking in persons, sexual abuse of children and child pornography. The Committee further notes the Government’s information that similar treaties will be concluded in the near future with Hungary, Poland and Ukraine.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that the department for trafficking in persons, sexual exploitation and support of victims of the police force of Slovakia in 2003, investigated 28 cases of trafficking in persons, of which 17 were settled. In 2004, it investigated 27 cases, of which 18 were cleared up. All solved cases were handed over to the prosecutor for further criminal court proceedings. The Committee requests the Government to continue to provide statistics and 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 the infringements, investigations, prosecutions and convictions. In so far as possible, the information provided should be disaggregated by gender.