Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee notes the Government’s first and second reports and requests it to provide further information on the following points.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery.  1. Sale and trafficking of children. The Committee notes that section 3(1)(2) of Chapter 25 of the Penal Code punishes a person who by violence, threat or duplicity takes control over a child under 15 years of age in order to subject the child to the trade in human beings. The Committee reminds the Government that the prohibition on the sale and trafficking of children for labour or sexual exploitation applies to all children under the age of 18. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit and eliminate the sale and trafficking of children under 18 years of age for labour or sexual exploitation.

2. Forced or compulsory labour. The Committee notes that article 7 of the Constitution provides that everyone has the right to life, personal liberty and integrity. It also notes that section 1 of Chapter 25 of the Penal Code states that a person who by confinement, bondage, transportation or otherwise unlawfully prevents another from moving, or isolates that person shall be sentenced for deprivation of personal liberty. Section 3(1)(1) of Chapter 25 of the Penal Code punishes a person who by violence, threat or duplicity takes control of another person in order to subject that person to degrading conditions of forced labour. The Committee further notes that section 3(1)(3) of Chapter 25 of the Penal Code punishes a person who enslaves another or keeps a slave, transports slaves or trades in slaves.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that by virtue of the Conscription Act (452/1950), all Finnish men are liable for military service. It also notes Act No. 364/2000 of May 2000 allows a person to start voluntary military service only after attaining 18 years of age. A corresponding amendment has been made to the Act on Women’s Military Service (No. 365/2000). The Committee further notes from the Government’s information submitted to the Committee on the Rights of the Child (CRC/C/129/Add.5, page 88) that compulsory recruitment of young persons starts at 18 years of age. It accordingly requests the Government to supply a copy of the provisions on compulsory military service.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 8(1) of Chapter 20 of the Penal Code punishes a person who, by promising or giving remuneration, gets a person younger than 18 years of age to have sexual intercourse or to perform another sexual act. It also notes that by virtue of section 9(1) of Chapter 20 of the same Code, a person who, in order to gain economic benefit personally or for someone else: (1) keeps a room or other premises for sexual intercourse or other comparable sexual acts for remuneration; (2) otherwise takes advantage of the performance of such an act by someone else; or (3) entices or intimidates another to such an act, commits the offence of pandering.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that by virtue of section 18 of Chapter 17 of the Penal Code, a person who offers for sale or for rent, distributes, or to that end manufactures or imports, pictures or visual recordings depicting children, violence or bestiality in an obscene way is guilty of an offence. Section 19 punishes a person, who unlawfully has possession of a photograph, video tape, film or other visual recording, realistically depicting a child having sexual intercourse or in a comparable sexual act, or depicting a child in another obviously obscene way. The Committee recalls that Article 3(b) of the Convention requires the prohibition of the use, procuring or offering of a child under 18 for the production of pornography and pornographic performances. The Committee requests the Government to provide information on the definition of a child under sections 18 and 19 of Chapter 17 of the Penal Code and to indicate whether Chapter 17 makes it an offence to procure or offer a child for the production of a pornographic performance.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that section 1 of Chapter 50 of the Penal Code on "Narcotics Offences" punishes a person who unlawfully: (1) produces or attempts to produce a narcotic substance; (2) imports or attempts to import or exports or transports it or has it transported; (3) sells, supplies, conveys or otherwise distributes a narcotic substance; (4) possesses or attempts to obtain a narcotic substance. Section 2 of the same Chapter imposes a stronger penalty if, in the narcotics offence: (5) the narcotic substance is distributed to minors. In this regard, the Committee draws the Government’s attention to its obligation under Article 1 of the Convention to take immediate measures to prohibit this form of child labour as a matter of urgency. The Committee requests the Government to indicate if any legislative provision prohibits the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs, pursuant to Article 3(c) of the Convention, and if so, to provide a copy of the relevant provisions. If there are no such provisions, the Committee requests the Government to take measures to prohibit the use, procuring or offering of a child under the age of 18 for the production and trafficking of drugs.

Clause (d). Hazardous work. The Committee notes that section 9 of the Young Workers Act (998/1993) provides that the employer shall ensure that the work is not hazardous to the young worker’s physical or mental development and that it does not require greater efforts or responsibilities than can be considered reasonable, taking into account the worker’s age and physical strength. It also notes that under section 2 of the Ordinance No. 508/1986, young workers under 18 may not be employed on work which is harmful to their physical or psychological development, or which demands from them greater efforts or greater responsibility than is appropriate in view of their age and strength. The Committee also notes that a young worker must be given a medical examination within one month of the start of employment at the employer’s expense so that the young worker’s suitability for the work can be determined.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that section 2(2) of the Ordinance No. 508/1986 defines as hazardous work: (1) work in which young age or lack of experience can cause unreasonable strain or which involves considerable responsibility for personal safety, or the safety of others, or considerable financial responsibility, or which involve accident risks that young persons are unable to identify or avoid because they may not be able to take sufficient account of safety of factors or do not have enough training or experience; (2) working alone if there is a clear risk of accident or violence; (3) treatment of psychiatric patients and supervisions of psychologically or socially disturbed persons, and other similar work; (4) handling and transport of deceased persons; (5) slaughterhouse work; (6) tasks in which workers can be exposed to harmful amounts of toxic or carcinogenic substances that can cause hereditary changes in the genome, can be dangerous to an unborn child or can have other long-term effects on human health; (7) production, transport and handling of flammable or explosive substances and inflammable liquids of Class I in conditions where there is a clear fire hazard; (8) tasks in which the workers can be exposed to harmful radiation; (9) work that involves exposure to health risks because of noise, vibration or extreme cold or heat; (10) diving work; and (11) work which, under separate provisions, young persons are prohibited from doing. The Committee also notes the Government’s indication that the Ministry of Social Affairs and Health issued a Decree on the catalogue of examples of work to be classified as dangerous for young employees (No. 128/2002) that came into effect in March 2002. It also notes that when preparing the Decree, the Ministry took into account Paragraph 3 of the Recommendation No. 190. This Decree lists mechanical, chemical, physical and electrical risks, excessive physical strain, biological risks and certain tasks involving a specific risk of accident or health damage. The Committee requests the Government to give information on the application of these provisions in practice.

Article 4, paragraphs 2 and 3. Identification of hazardous work, examination and periodical revision of the list of hazardous work. The Committee notes the Government’s indication that the catalogue was first published in 1972, and since then has been regularly updated. It also notes that labour market organizations are involved in the preparation of labour legislation. Various authorities and expert bodies, such as the Finnish Institute of Occupational Health, are also consulted during the process. The Committee notes that the list of dangerous work must be updated at least every five years. It also notes the Government’s statement that the updating used to be the responsibility of the Ministry of Labour, but it is now done by the Ministry of Social Affairs and Health. The Committee requests the Government to provide information on any periodical revision of the list of the types of hazardous work.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that supervision of children and young persons is the duty of occupational and health authorities, who are also responsible for seeing to it that the relevant provisions are observed. The supervision is carried out in conjunction with normal occupational safety monitoring. Occupational safety comes under the purview of the Ministry of Social Affairs and Health, whose department is responsible for preparing legislation on the matter, monitoring compliance with legislation, and guiding Occupational Safety and Health Inspectorates in their supervisory tasks. The Committee also notes the Government’s indication that Finland is divided into a number of Occupational Safety and Health Inspectorate areas. As regional areas, these inspectorates are responsible for monitoring compliance with the legislation on working conditions and employment relationships. Matters of principle concerning occupational safety, harmonization of occupational safety provisions, promotion of occupational safety and development of cooperation in the field is the responsibility of the Ministry’s Advisory Committee on occupational safety and health. The Advisory Committee includes representatives of the most important labour market organizations and bodies central to the development of occupational safety and health and it discusses such matters as the priority areas that the Occupational Safety and Health Inspectorates should focus on and the results they have to achieve. Matters pertaining to young workers are discussed by the Advisory Committee in the same way as matters concerning other workers. The Committee requests the Government to provide information on the functioning of any other mechanism established or designated for the monitoring of the implementation of the provisions giving effect to the Convention, in particular the worst forms of child labour contemplated in Article 3(a) to (c), and to provide extracts of the inspection reports specifying the extent and nature of violations detected concerning children and young persons engaged in the worst forms of child labour.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes the Government’s statement that the programmes for eliminating the worst forms of child labour are seen as part of the overall development of working life and occupational safety. The country’s labour market organizations play an important role in the process, for which different priorities are set each year. It also notes the Government’s indication that there are currently no measures specifically targeting children or young persons, as the aim is to improve the conditions of workers of all ages.

1. Commercial sexual exploitation. The Committee nevertheless notes the National Action Plan on Combating the Commercial Sexual Exploitation of Children prepared by the Government and completed at the beginning of 2000. The Committee notes from the information provided by the Government in its report submitted to the Committee on the Rights of the Child in July 2003 (CRC/C/129/Add.5, page 95) that measures that have been suggested in the Action Plan have been implemented in 2000-02, in cooperation between the authorities and NGOs. The Committee notes that both preventive and rectifying measures have been taken. In accordance with the Action Plan, information about the sexual abuse of children will be an element of the basic and continuing education of persons working with children and the police. The Committee notes that according to the Government, the police and the prosecutor will be provided with clear instructions and explicit rules of procedure for possible cases involving sexual abuse of a child or purchase of sexual services from a minor abroad by a Finnish citizen. Information will be also disseminated about the hot-line and email address of the National Bureau of Investigation, where citizens can inform about any child pornographic material that they may have found on the Internet. The Committee asks the Government to provide information on the results attained within the framework of the National Plan of Action on Combating the Commercial Sexual Exploitation of Children.

2. Trafficking. The Committee further notes from the information submitted by the Government to the Committee on the Rights of the Child that the Nordic-Baltic campaign against trafficking in women has been launched in Finland in 2002 (CRC/C/129/Add.5, page 97). The information campaign built up knowledge and showed that prostitution and trafficking in human beings are interlinked. The Committee asks the Government to provide information on the achievements and impact of the Plan of Action for Combating Trafficking in Women, especially with regard to protecting children under 18 who are victims of trafficking.

The Committee also encourages the Government to communicate further information on any other programmes of action to eliminate the worst forms of child labour under clauses (c) and (d) of Article 3 of the Convention, as well as information on their functioning and the results obtained.

Article 7, paragraph 1. Penalties. The Committee notes that section 3(1) of Chapter 25 of the Penal Code (578/1995) provides that: (1) a person who by violence, threat or duplicity takes control of another person in order to subject him/her to degrading conditions of forced labour; (2) by violence, threat or duplicity takes control over a child under 15 years of age in order to subject him/her to the trade in human beings; or (3) enslaves another or keeps a slave, transports slaves or trades in slaves shall be sentenced, if the act is aggravated when assessed as a whole, for kidnapping to imprisonment for at least two and at most ten years. According to section 8 of Chapter 20 of the Penal Code: a person who, by promising or giving remuneration, gets a person younger than 18 years of age to have sexual intercourse or to perform another sexual act shall be sentenced for buying sexual services from a young person to a fine or to imprisonment for at most six months. Under section 9 of the same chapter, a person who, in order to gain economic benefit for himself/herself or for someone else: (1) keeps a room or other premises for sexual intercourse or other comparable sexual acts for remuneration; (2) otherwise takes advantage of the performance of such an act by someone else; or (3) entices or intimidates another to such an act, shall be sentenced for pandering to a fine or to imprisonment for at most three years. The Committee further notes that under section 18, a person who offers for sale or for rent, distributes, or to that end manufactures or imports, pictures or visual recordings depicting children, violence or bestiality in an obscene way, shall be sentenced for distribution of depictions of obscenity to a fine or to imprisonment for at most two years. It also notes that by virtue of section 19, a person who unlawfully has in his/her possession a photograph, video tape, film or other visual recording, realistically depicting a child having sexual intercourse or in a comparable sexual act, or depicting a child in another obviously obscene way, shall be sentenced for possession of obscene pictures of children to a fine or to imprisonment for at most six months. The Committee further notes that section 18 of the Act No. 998/1993 concerning young workers, provides that an employer, or the representative of an employer who deliberately or by negligence violates this Act, or any ordinance issued there under shall be condemned to fines for offences against the provisions concerning the protection of young workers, unless the deed is an occupational safety or working hours offence on which provisions are laid down in Chapter 47 (on labour offences) of the Penal Code. Chapter 47, section 1, of the Penal Code provides for a fine or a maximum imprisonment of one year for work safety offences, and section 2 provides for a maximum imprisonment of six months for working hours offences.

The Committee requests the Government to provide information on the practical application of these penalties.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on the measures taken to: (d) identify and reach out to children at special risk; and (e) take account of the special situation of girls. The Committee asks the Government to provide information on effective and time-bound measures taken or envisaged, as required under Article 7(2)(d) and (e) of the Convention.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes the Government’s statement that the Constitution and the Basic Education Act (628/1998) guarantee free basic education to all children and that under this Act, children residing permanently in Finland have to complete their compulsory education. The Committee notes from UNICEF information that the enrolment rate is about 100 per cent.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the Government’s statement that Finland has an effective regulatory system and occupational safety and health monitoring arrangements that enable authorities to take prompt action whenever cases of illegal use of child labour come to light. Physical and mental rehabilitation and social integration of children are areas covered mainly by the Child Welfare Act and the Child Welfare Decree. Under the Child Welfare Act, a child has a right to a secure and stimulating growing environment, and harmonious and well-balanced development, and to special right to protection. The Committee requests the Government to provide information on the practical application of the Child Welfare Act, and to indicate the effective and time-bound measures taken to remove children from the worst forms of child labour and provide for their rehabilitation and social integration.

Article 7, paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to this Convention. The Committee notes the Government’s indication that the competent authority is the Ministry of Social Affairs and Health. Occupational safety and health authorities supervise compliance with the provisions on young workers and their working conditions using normal supervision methods. The Committee also notes that the police is also involved in the enforcement and the monitoring of the provisions of the Convention. The Committee asks the Government to communicate additional information concerning the authorities responsible for the implementation of the penal provisions giving effect to this Convention and the methods used for the supervision of such implementation.

Article 8. Enhanced international cooperation and/or assistance. 1.  International cooperation. The Committee notes that Finland is a member of INTERPOL, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1991, and signed in 2000 the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. It also notes the Government’s statement that Finland has actively worked to achieve the target of emphasizing children’s rights in UNICEF, and also by supporting UNESCO’s Education for All project and contributing to the ILO International Programme on the Elimination of Child Labour (IPEC). It notes inter alia, that in 2000-03, Finland was involved in a three-year project to put an end to the child labour in gold mines in Camarines Norte, the Philippines, and has also allocated funds for three projects in the Russian Federation, both carried out within the framework of ILO/IPEC. The Committee also notes that officials of the Ministry of Social Affairs and Health have participated in Nordic and other international gatherings to discuss working conditions of children and young people.

2. Regional cooperation. The Committee notes the National Action Plan to Combat the Commercial Sexual Exploitation of Children and that Finland continues to support the development of EU-funded programmes to combat the sexual exploitation of children, e.g. the STOP and Daphne programmes. The Committee further takes note of the proposed action mentioned in the National Plan to combat sexual commercial exploitation in the Baltic Sea region and the ASEM countries (EU States and some Asian countries, Action Plan, page 17). It accordingly encourages the Government to provide further information on Finland’s involvement in the regional programmes aimed at combating the commercial sexual exploitation of children.

3. Elimination of poverty. The Committee notes with interest the Government’s statement that eliminating poverty has been a central target for Finland in its development cooperation. The main aim is to improve the living conditions of poor people, including children, and to put human resources to better use. It also notes that in Finland’s view, the target can be reached by helping to ease the debt burden of developing countries, contributing to a fairer international economy in a globalizing world and promoting a culture of democracy and equality. Women’s and children’s rights and equality are also key areas in Finland’s human rights policy. Noting that poverty reduction programmes contribute to breaking the cycle of poverty which is essential for the elimination of the worst forms of child labour, the Committee asks the Government to supply information on any notable impact of this poverty reduction strategy towards eliminating the worst forms of child labour.

Part III of the report form. The Committee notes the absence of information on this point in the Government’s reports. It therefore requests the Government to indicate in future reports, on whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention.

Parts IV and V. The Committee notes the Government’s indication that no practical difficulties have been identified. The Committee requests the Government to supply copies or extracts from official documents including studies and inquiries and to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.