Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Portugal (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that section 176 of the Penal Code prohibited “promoting, encouraging or facilitating” prostitution in respect of children between 14 and 16 years of age. The Committee noted the information in the Government’s report that a Bill to amend the Penal Code to prohibit the use, procuring or offering of children under 18 years of age was before the National Assembly. The Committee expressed the firm hope that the Bill would soon be adopted and asked the Government to provide a copy of it as soon as it becomes law. The Committee notes with interest that Act No. 59/2007 of 4 September 2007 amends the Penal Code, and that section 174 of the Penal Code, as amended, penalizes the use, procuring or offering of minors between the ages of 14 and 18 for the purpose of prostitution and that section 171 of the Penal Code prohibits committing sexual acts, or leading another to practise sexual acts with a person under 14 years of age.

Article 6. National programmes of action. National Plan against Trafficking in Human Beings 2007–10. The Committee notes the information in the Government’s report that the Council of Ministers Resolution No. 81/2007 enacts the National Plan against Trafficking in Human Beings 2007–10 (NPT 2007–10). The Committee notes the information in the Government’s report to the Committee on the Elimination of Discrimination against Women (CEDAW) of 28 January 2008 that the NPT 2007–10 focuses on four strategic areas of intervention to address trafficking: (i) recognition and dissemination of information on the phenomenon; (ii) prevention, awareness raising and training; (iii) protection, support and integration of victims of trafficking; and (iv) criminal investigation and punishment of trafficking offenders (CEDAW/C/PRT/7, pages 12–13). The Committee requests the Government to provide information on the concrete measures taken pursuant to the National Plan against Trafficking in Human Beings 2007–10, and the results achieved following its implementation, with regard to combating the trafficking of children under 18 for the purpose of labour or sexual exploitation.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for their removal from these worst forms of child labour and for their rehabilitation and social integration. 1. Education. The Committee previously noted that, according to 2005 UNESCO statistics, only 87 per cent of girls and 79 per cent of boys attended secondary school. The Committee accordingly observed that 13 per cent of girls and 21 per cent of boys left school early. It noted that the Government was taking measures under the Integrated Education and Training Programme to encourage children to complete compulsory schooling and, in the case of children of 15 and over, it was taking measures to get them into education or training suited to their abilities and needs. The Committee also noted the information in the Government’s report that the number of children removed from the worst forms of child labour and included in education and training programmes was increasing by the year.

The Committee notes the information in the Government’s report that the Institute for Aid to Children (IAC), through the Education and Training for Integration Project, trained 50 at-risk young people in 2008. The Committee also notes that of these children, although seven dropped out of the programme, 32 were assessed and 15 completed the training process (with two children completing their sixth year of school, and 13 children completing their ninth year of school). The Committee further notes the Government’s indication that the Programme for the Prevention and Elimination of the Use of Child Labour (PETI) continued to provide flexible classes to approximately 1,980 minors involved or at risk for child labour during the 2008–09 year.

The Committee notes that, according to the information in the Government’s report from the Working Conditions Authority, the number of children who have dropped out of school and who run the risk of being engaged in child labour is declining: 3,522 children in 2005, 2,450 children in 2006, 2,704 children in 2007 and 1,796 children in 2008. However, the Committee notes the information in the UNESCO report entitled Education for All – Global Monitoring Report 2009 (UNESCO EFA Report) that there was a 9 per cent decrease in the gross enrolment rate in secondary school between the years 1999 and 2006, and that in 2006, the net enrolment rate for secondary education was 82 per cent, indicating that a full 18 per cent of children in Portugal left school early.

The Committee expresses its concern at the declining school enrolment rates for secondary education. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to redouble its efforts to improve the functioning of the education system, particularly by increasing school enrolment rates in secondary school and further reducing the school drop-out rates. The Committee also requests the Government to continue to take measures, within the Education and Training for Integration Project and the PETI, to encourage the completion of compulsory schooling and to ensure that children not enrolled in formal schooling have access to educational opportunities. It requests the Government to provide information on the number of children who have been effectively prevented from being engaged in the worst forms of child labour as a result of these programmes.

2. Commercial sexual exploitation. The Committee previously noted that the PETI had set up a working group on the worst forms of child labour whose terms of reference included a discussion of the nature and extent of sexual exploitation. The Committee also noted from reports of the IAC that, although it is not widespread, child prostitution does exist in Portugal. It requested the Government to pursue its efforts to prevent children under 18 years of age from becoming victims of sexual exploitation, particularly prostitution, and to provide assistance for the removal, rehabilitation and social integration of these children.

The Committee notes the information in the Government’s report that the IAC conducts regular visits to areas identified as “risk zones”, including 64 visits to an area traditionally associated with prostitution. The Committee also notes that, through these visits, the IAC identified 35 at-risk children, ten of which were engaged in prostitution. However, the Committee notes the Government’s statement that interventions to assist these children were difficult, as the majority of young persons identified by the IAC were only observed on one occasion. The Committee notes the Government’s indication that as a result of these visits, six cases were forwarded to competent institutions and that the IAC was monitoring one case of reintegration.

The Committee notes the information in the Government’s report to the CEDAW of 8 January 2008, that a process for locating, identifying and integrating victims of trafficking for sexual exploitation has been established. The Committee notes that the measures taken in this regard include referring victims of trafficking to shelters and initiatives to guarantee their integration in Portugal or to facilitate their repatriation (based on the preference of the victims), in addition to the provision of immediate psychosocial, legal and interpretation services by a multidisciplinary team. The Committee requests the Government to continue to take measures to provide for the necessary and appropriate assistance for the removal of children from commercial sexual exploitation and trafficking for this purpose. The Committee also requests the Government to take measures to provide for the rehabilitation and social integration of these children. In this regard, the Committee requests the Government to provide information on the number of children withdrawn from commercial sexual exploitation and trafficking for this purpose through these measures, and the number of children who benefit from rehabilitation and repatriation assistance.

Clause (d). Identifying children at special risk. Street children, begging and other circumstances that put children at risk. In its previous comments, the Committee noted the Government’s indication that several non-governmental organizations were implementing measures for the benefit of street children. The Committee noted the report by the IAC, that prevention and training measures have been taken for street children and that some 1,000 children benefited from the “Street Project”. It noted, however, that this report indicated that street children and children engaged in begging continued to be a problem in Portugal. The Committee notes the continuation of the activities of the IAC, through which 34 runaway minors (23 girls and 11 boys) were identified. The Committee notes that the majority of these children were between the ages of 14 and 16, and came from poor socioeconomic neighbourhoods. The Committee also notes that, through its visits to risk zones, the IAC identified 17 children engaged in begging. The Committee further notes that the IAC continues to carry out various measures to rehabilitate and socially integrate these children, including through the Street Project, and the Education and Training for Integration Project. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee encourages the Government to continue efforts to protect them from these worst forms, and to provide assistance in addition to their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard, and on the number of children reached through these measures.

Article 8. International cooperation. The Committee notes the detailed information in the Government’s report on its participation in international cooperation activities in conjunction with other Portuguese-speaking countries. The Committee notes that the Government supports a variety of projects that promote the education of children in Angola, Cape Verde, Guinea-Bissau, Mozambique, Sao Tome and Principe, and Timor-Leste. These programmes include projects to improve the school attendance rates and reduce drop-out rates (particularly among girl pupils), projects to provide school supplies to disadvantaged children, and projects to construct educational infrastructure. The Committee also notes that in Angola, the Government funded a programme that facilitates family and social reintegration for street women and children affected by prostitution, and that it funded a project in Cape Verde for the social reintegration of street children. The Committee further notes that the Government contributes to national efforts in the abovementioned countries, to strengthen the technical capacity of labour inspection institutions, and that training activities were carried out in this regard.

Parts IV and V of the report form. Application of the Convention in practice. 1. Trafficking. The Committee notes the Government’s indication in its report to CEDAW of 28 January 2008 that there is an increasing number of cases of trafficking for the purpose of sexual exploitation involving minors, and that this situation is expected to worsen further in the future (CEDAW/C/PRT/7, page 24). The Committee also notes the information in the UNODC 2009 report “Global Trafficking in Persons Report” that between 2003 and 2007, 12 children (three boys and nine girls) were identified by state authorities as victims of trafficking. The Committee further notes that the CEDAW, in its concluding observations of 1 April 2009, while noting the measures taken by the Government to combat trafficking in women and children, expressed concern at the continuing prevalence of this problem and the lack of information available on the prosecution and punishment of alleged perpetrators (CEDAW/C/PRT/CO/7, paragraph 34). The Committee requests the Government to redouble its efforts, within the framework of the National Plan against Trafficking in Human Beings 2007–10, to ensure in practice the protection of young persons under 18 years from trafficking, and to provide information on the number of infringements reported, investigations, prosecutions, convictions and penalties applied in this regard.

2. Information from the Working Conditions Authority. The Committee notes the information in the Government’s report that the Working Conditions Authority, between 2004 and 2008, recorded 37 children engaged in the worst forms of child labour, including five children in 2007 and six children in 2008. The Committee also notes that the Working Conditions Authority identified 362 children at risk for the worst forms of child labour between 2004–08, although this figure has declined steadily over this period. The Committee requests the Government to continue to provide information on the number of children working in, or at risk for, the worst forms of child labour, as recorded by the Working Conditions Authority. It also requests the Government to continue providing on the general application of the Convention, including samples or extracts of inspection service reports and information on the nature, extent and trends of the worst forms of child labour in addition to the number of children covered by the measures giving effect to the Convention.