Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). The use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted the Government’s information that legislative reform concerning child pornography was expected to be proposed to Parliament in 2002-03. The Committee had asked the Government to provide information on any developments regarding this reform. The Committee notes the Government’s information that the legislative reform concerning child pornography was approved by Parliament in April 2003. It notes that, with the adoption of this Bill, the Optional Protocol to the Convention on the Rights of the Child on sale of children, child prostitution and child pornography was ratified on 24 July 2003. The Committee also notes the Government’s statement that, with these amendments, Danish legislation meets the obligations under the EU Framework Decision on combating the sexual exploitation of children and child pornography. It notes that, under the legislative reform, the maximum penalty provided by the Criminal Code for dissemination and possession of child pornography (section 235) as well as for the use of porn models under 18 years of age (section 230) was raised.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that, according to the Euphoriants Act of 1955 (sections 1 and 2) and the Criminal Code (section 191(1) and (2)), it is an offence to import, export, sell, purchase, manufacture or possess euphoriants or drugs, as well as to transfer drugs to a considerable number of persons, or in return of a large payment, or in any other aggravating circumstances. The Committee had asked the Government to provide information on whether the use, procuring and offering of a child in the commission of such offences would qualify as an aggravating circumstance. The Committee notes the Government’s information that, pursuant to section 81(8) of the Criminal Code, it must be considered an aggravating circumstance if the offender has made another person contribute to the offence by compulsion or deception, or by exploiting, among other things, the young age of that person. The Committee notes the Government’s statement that, according to section 23, the penalty in respect of an offence shall apply to any person contributing to the wrongful act by instigation, advice or action. Therefore, the procuring or offering of a child for an illicit activity can be punished under section 23, including cases of use, procuring and offering of a child for production and trafficking of drugs. The Committee takes due note of this information.

Clause (d). Hazardous work. The Committee notes the Government’s information that Order No. 516, of 14 June 1996, of the Ministry of Labour establishing the rules on young persons’ work, was replaced with effect from 16 April 2005 by Executive Order No. 239 of 6 April 2005. It notes with interest that, according to the Government’s information, section 11 of the New Executive Order of 2005 states that young persons under 18 shall not work with any of the technical equipments, plants or work processes indicated in Annex 1. Subsection (2) provides that young persons shall not be employed in work characterized by a corresponding level of danger, as mentioned in Annex 1. The Order also provides that "if young persons are to carry out manual push and pull work, special consideration must be taken of the young person’s age, sex and physique, and it must be ensured that the total load does not pose a safety and health risk, and the work must take place so that the force required overcome inertia or maintain motion". The Committee takes due note of this information and requests the Government to supply a copy of Order No. 239 of 2005.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s information that Annex 1 of New Order No. 239 of 6 April 2005 contains a list of the technical equipment which young persons under the age of 18 are not allowed to work with, such as tractors and motorized tools. It also notes the Government’s information that Annex 6, No. 10, contains a non-exhaustive list of work that can lead to other safety or health hazards and which young persons under 18 years of age are not allowed to carry out.

Article 4, paragraphs 2 and 3. Identification of hazardous work and examination and periodical revision of the list of hazardous work. The Committee had previously noted that the Working Environment Authority had submitted a proposal to readjust the present rules concerning young persons’ work, taking into account the handling of certain dangerous technical tools. The Committee had requested the Government to provide information on the adoption of the abovementioned proposal. The Committee notes the Government’s information that, as a result of the approval of the New Executive Order No. 239 of 6 April 2005, the rules regarding children and young persons’ use of tractors, motorized fodder trucks, and motorized lawn mowers have been tightened. Similarly, the rules have been tightened with regard to young persons’ work consisting in push and pull, providing for special safety and healthy conditions to be fulfilled for performing such kind of work. The Committee takes due note of this information.

Article 5. Monitoring mechanisms. The Committee had previously requested the Government to provide information on the functioning of any other mechanism than the National Working Environment Authority (NWEA) established for the monitoring of the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s statement that the Danish Working Environment Authority, from 1 January 2005, started screening all Danish enterprises with employees. The screening consists in short visits with the scope to assess whether the enterprise’s working environment is good or not. The Committee notes the Government’s information that the Authority will impose improvement notices, in cases in which it observes gross violations of the health and safety regulations, for example, with regard to child labour. In such cases, the Authority will intervene by imposing an immediate improvement notice, a prohibition notice, an administrative fine or reporting to the police. The police will then be informed in cases where the Authority has observed a violation of clear and known rules on a subject where there is documented risk of injury or danger to health. The screening project is expected to take seven years. The Committee also notes the Government’s information that, since 2000, trafficking in women has been systematically monitored by the National Commissioner of Police. All police districts must report all relevant information about trafficking to the National Commissioner of Police, for the purpose of gathering, registering and analysing the information. The Committee takes due note of this information.

Article 7, paragraph 1. Penalties. The Committee notes the Government’s exhaustive information on the number and types of penalties applied in 2003 concerning the offences of the Criminal Code relevant to this Convention, namely: five convictions concerning procuring (section 228); two regarding pimping (section 229); 76 relating to child pornography (section 235). In particular, after the entry into force of the legislative reform on child pornography in 2003, there have been seven final convictions of imprisonment concerning dissemination of child pornography (section 235(2)) and 28 final convictions relating to the possession of child pornography (section 235(1)).

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. The Committee notes the Government’s information that in 2000 a cross-ministerial working group was created with the purpose of developing initiatives to combat trafficking. In December 2002, the Government presented a new three-year Plan of Action (2003-06) on Combating Trafficking in Women, which focuses on support for the victims and preventive initiatives. The Committee also notes the Government’s information that specific activities have been implemented under the action plan, such as: a "safe house" for victims of trafficking offering counselling and medical treatment; an international network of more than 100 NGOs, in order to ensure that the victims can be received by an organization in their home country; teams of field workers outreaching work in the street and massage parlours; information material in 11 languages; a hot line; the creation of an embassy network, consisting of embassies from countries of origin. These embassies can work as bridge builders between the national authorities and the victims, as well as helping in practical arrangements with regard to home travel. Furthermore, a knowledge centre documenting and monitoring all activities has been established. The Committee also notes the Government’s statement that, since October 2003, 35 women stayed in the "safe house" and that more than 200 calls have been received on the hotline during the same period. The Committee notes the Government’s information that the police have focused on trafficking by appointing a focal point for trafficking in each police district (54 in total). A coordinator for trafficking is responsible for training the focal points and is the contact person between the NGOs and the police. The Government adds that the cross-ministerial working group is working on including initiatives to protect and support child victims of trafficking in the Plan of Action to Combat Trafficking in Women. Furthermore, the NGO "Tjek Punkt" provides for emergency housing and care for a small number of child victims of trafficking in Copenhagen, including foreign children under 15 years of age without a legal stay permit. In that way, the victims will be removed from the criminal and abusive environment and out of the reach of the criminal networks. The Committee takes note of this information and asks the Government to continue providing information on the results of the Plan of Action on Combating Trafficking in Women (2003-06), especially with regard to the inclusion in this plan of measures to protect and support child victims of trafficking.

Article 7, paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee had previously noted that the Ministry of Employment is the competent authority, in cooperation with other relevant ministries. The Committee had requested the Government to provide additional information on the authorities responsible for the penal provisions implementing the Convention. The Committee notes the Government’s information that reports about criminal offences are submitted to the police, which start investigations when there is a reasonable suspicion that a criminal offence indictable by the State has been committed. The Committee takes due note of this information.

Article 8. International cooperation. Following its previous comments, the Committee notes the Government’s information that Denmark contributes and allocates funds to combat child labour primarily in West Africa. Moreover, a minor programme supports a project in Pakistan dealing with the worst forms of child labour. The Committee also notes the Government’s information that these programmes are aimed at realizing the ILO’s objectives on progressive eradication of child labour, with a special focus on the worst forms of child labour and the creation of alternatives for the children concerned and their families.

Part III of the report form. The Committee notes the detailed information contained in the Danish Working Environment Authority’s statistics. This data shows the cases of violations of the provisions on young persons’ work for the period 1 June 2002-31 May 2004. The Committee notes the Government’s information that, for the same period, the Danish Working Environment Appeals Board has determined no more than six cases concerning young persons under 18 years of age. Moreover, regarding judgments and fines imposed related to work on the ground, 21 decisions have been taken concerning children and young persons, of which: one fine; one in-court fixed penalty notice; 18 out-of-court fixed penalty notices; and one shelving. In addition, 28 charge recommendations have been made, of which seven are still pending. The Committee asks the Government to continue providing information on the decisions given involving the question of principle relating to the application of the Convention.

Parts IV and V of the report form. The Committee notes the statistics supplied within the Government’s report concerning the number of employed young persons under 17 years of age working in the period 2001-03. It notes that, according to these statistics, the rate of persons in employment relative to the total number of young persons under 17 is falling. The drop is most significant in the age group 15-17. It also notes that 16,389 young persons aged 0-14 (1.6 per cent) and 85,086 aged 15-17 (48 per cent) were found to be working in 2003. The Committee notes that, according to other data provided by the Government, in 2003 the number of working children aged 0-15 decreased in comparison with 2001, while the number of working children aged 16-17 has increased. Moreover, the Committee notes that statistics from the Danish Working Environment Authority show the number of reported occupational accidents and diseases concerning young persons under 18 years of age in the period 2002-03. The data reveals that the total number of occupational diseases has fallen down in 2003 and continues to affect children between 16 and 17 years of age. The Committee asks the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number and nature of infringements, investigations, prosecutions and convictions.