Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

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

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Article 7(2)(a) and (b) below), as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations made by the General Union of Workers (UGT) in the Government’s report, and the Government’s reply. The Committee also notes the observations of the Spanish Confederation of Employers’ Organizations (CEOE), received on 6 September 2019, and the Government’s response.

Article 7(2) of the Convention. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these types of labour and ensuring their rehabilitation and social integration. Trafficking for sexual and labour exploitation. The Committee previously encouraged the Government to pursue its efforts to protect young persons under 18 years of age, particularly girls and migrant children, against trafficking for sexual exploitation. It also asked the Government to supply information on the number of migrant children registered in the context of the Protocol on unaccompanied foreign minors.

The Committee notes the observations of the UGT indicating that the Comprehensive Plan to Combat the Trafficking of Women and Girls for Sexual Exploitation does not take account of the situation of male victims or of other forms of labour exploitation. The UGT emphasizes that the immediate consequences are insufficient protection of boys who are victims of trafficking for sexual exploitation, and inadequate protection for women and girls who are victims of other forms of human trafficking. In this regard, the Committee notes the Government’s indication that the appendix to the Framework Protocol for the protection of victims of human trafficking concerning action to detect and provide care for child victims of trafficking applies to both girls and boys.

The Committee notes the Government’s indication in its report that the information on unaccompanied foreign minors (MENA) and the information on child victims of trafficking and sexual exploitation comes from two different registers. Accordingly, the information from the MENA register includes all unaccompanied migrant children identified in Spain. In April 2019, a total of 12,303 migrant children (11,367 boys and 936 girls) were registered. The data concerning trafficking victims is from the Ministry of the Interior. In 2016, the 148 registered victims included six children; in 2017, nine children were recorded among 155 victims; and in 2018, the 128 trafficking victims included six children. With regard to sexual exploitation, in 2016, three children were registered among 433 cases; in 2017, six children in 422 cases; and in 2018, two children were recorded among 391 cases.

The Committee also notes the statistics provided by the Government relating to children who are victims of trafficking for labour exploitation, begging and criminal activities. In 2016, no cases of trafficking of children for labour exploitation were recorded. In 2017 and 2018, four cases of trafficking of children for labour exploitation were recorded each year. In 2019, the Government indicates that 16 child victims of trafficking for labour exploitation were removed from this worst form of child labour. Between 2016 and 2018, the Government recorded ten cases of children involved in criminal activities and four cases of children used for begging.

The Committee takes due note of the inclusion of a specific provision on persons working with minors, in order to check that there is no previous history of sexual offences against children or trafficking offences for sexual exploitation, in the Bill for the comprehensive protection of children and young persons from violence. The Committee also notes the Government’s supplementary information, according to which the Bill amends the reformed text of the Act respecting social offences and penalties (approved by Legislative Decree No. 5/2000 of 4 August) through the introduction of a new offence of employment of persons who have committed sexual crimes against children. In addition, the Government refers to several measures envisaged in the Bill, including: (i) the general obligation to report to the competent authority any situation of violence towards children or young persons; (ii) the establishment of specialized units for awareness-raising and the prevention of situations of violence against minors in the national security forces and institutions; and (iii) the preparation of specific action protocols covering trafficking in persons, and the abuse and sexual exploitation of minors living in protection centres. The Bill is being drawn up by the Ministry of Health, Consumer Affairs and Social Welfare, the Ministry of Justice and the Ministry of the Interior. It is intended to achieve Goal 16.2 of the 2030 Sustainable Development Agenda, that is to end abuse, exploitation, trafficking and all forms of violence and torture against children. The Committee notes that in its observations the CEOE emphasizes the importance of the participation of trade unions and occupational associations in this process to ensure progress and substantive changes to the draft legislation, in view of their knowledge of the social and economic situation in Spain.

The Committee also notes the amendments to sections 177 bis (6) and 192(3) of the Penal Code prohibiting any person who has committed sexual crimes against children or the trafficking of persons for sexual exploitation from exercising an occupation or conducting a business, whether or not it is remunerated, which involves regular and direct contact with minors.

The Committee further notes that the appendix to the Framework Protocol for the protection of victims of human trafficking concerning action for the identification and provision of care for child victims of trafficking entered into force on 1 December 2017. The Committee notes the CEOE’s indication that the network of Spanish enterprises is mainly composed of small and medium-sized enterprises (SMEs) and microenterprises and that it is once again calling on the Government to take the social partners into consideration in the context of the training initiatives under the Framework Protocol. The Committee notes the Government’s indication that, in the context of the plans of action of the labour inspectorate, the participation of occupational associations and trade unions has been ensured through a general council, in accordance with section 11 of the regulations governing the work of the National Labour and Social Security Inspectorate (Royal Decree No. 192/2018). The Committee requests the Government to continue its efforts to protect children under 18 years of age against trafficking in persons, and to involve the social partners in the measures and action taken. The Committee also requests the Government to provide detailed information on the procedure followed and the results achieved in the context of the Protocol on unaccompanied foreign minors and the appendix to the Framework Protocol for the protection of victims of human trafficking. Finally, it requests the Government to provide information on the adoption of the Bill for the comprehensive protection of children and young persons from violence, and a copy once it has been adopted.

Clause (d). Children at special risk. Migrant children and unaccompanied minors. The Committee previously reminded the Government that migrant children are particularly exposed to the worst forms of child labour and requested the Government to intensify its efforts to protect these children from the worst forms of child labour, particularly by ensuring their integration into the school system. It also requested the Government to provide information on the measures taken and the results achieved in this respect.

The Committee notes the UGT’s indications that the Council of Ministers has established a working group on migrant children in conjunction with the Office of the Public Prosecutor, the autonomous communities and non-governmental organizations (NGOs) to analyse proposals for a template for the care of unaccompanied foreign minors. However, the UGT emphasizes that the most representative trade unions in the country have not been invited to join this working group, even though they represent people working at reception centres for minors. The UGT also expresses concern at the care template, which involves public contracts or subsidies in which economic criteria take precedence over quality of service. The Committee notes the Government’s indications in this regard that an Inter-territorial Coordination Council has been set up to deal with the situation of unaccompanied foreign minors by facilitating the interaction and coordination of all institutions and administrations connected with the provision of care for them. It held its first meeting in September 2018.

The Committee also notes the information on the Programme of guidance and reinforcement for progress and support in education. The total credits allocated to this programme in 2018 were over €81 million, distributed between the autonomous communities. The objective of the programme is to establish support mechanisms to ensure the quality of education through equitable education policies aimed at reducing the drop-out rates from school and vocational training. Guidance and psycho-pedagogical teams located in the region or the school district have information on the socio-economic and family profiles of at-risk groups of pupils. Support is provided by these teams in schools with the involvement of families.  The Committee requests the Government to continue its efforts to protect migrant children and unaccompanied foreign minors from the worst forms of child labour and to ensure their integration into the school system. The Committee also requests the Government to provide information on the results achieved in the context of the Programme of guidance and reinforcement for progress and support in education, and on the measures taken by the Inter-territorial Coordination Council to facilitate the provision of care for unaccompanied foreign minors.

The Committee is raising other matters in a request addressed directly to the Government, which reiterates the content of its previous direct request adopted in 2019.