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

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Espagne (Ratification: 2001)

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

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

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

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

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

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

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

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

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