Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Worst Forms of Child Labour Convention, 1999 (No. 182) - France (Ratification: 2001)

In its report, the Government indicates that the worst forms of child labour covered by Article 3(a) to (c) of the Convention are formally prohibited and penalized by the Penal Code. It adds that action to combat these crimes and offences lies principally within the competence of the Ministries of the Interior and of Justice and that the information provided in reply to the comments made by the Committee therefore almost exclusively covers the application of Article 3(d) on hazardous types of work. The Committee hopes that in future reports, in addition to the replies provided on hazardous types of work, the Government will be in a position to gather the necessary information from the Ministries referred to above in reply to the comments made, and that it will supply information on Article 3(a) to (c) of the Convention and on any other provisions directly related to these worst forms of child labour.

Article 3. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee noted in previous comments the provisions of the Penal Code prohibiting and penalizing procuring, the seeking of relations of a sexual nature from a young person engaging in prostitution and the fixing, recording or transmitting of the image or representation of a young person where that image or representation is of a pornographic nature (sections 225-5, 225-7, 225-12-1 and 227-23 of the Penal Code). The Committee notes with interest that Act No. 2006-399 of 4 April 2006 reinforcing the prevention and repression of violence within the couple or committed against young persons, establishes more severe penalties in cases where the offence of prostitution is committed in relation to a young person under 15 years of age and for the act of possessing or making available a pornographic image of a young person.

Article 4, paragraph 3. Revision of the list of hazardous types of work. The Committee notes the information provided by the Government in its report that the regulations on hazardous types of work prohibited for young workers under 18 years of age are to be revised in the near future. In this respect, the Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which contains a list of the types of work to be taken into consideration when determining hazardous types of work and identifying where they exist. It also draws the Government’s attention to Article 4, paragraph 3, of the Convention, which provides that the organizations of employers and workers concerned shall be consulted when the hazardous types of work are revised. The Committee requests the Government to provide information on any progress achieved in reforming the regulations on hazardous types of work prohibited for young workers under 18 years of age. It also requests the Government to provide information on the consultations held in this respect with employers’ and workers’ organizations.

Article 5. Monitoring mechanisms. Combating hidden forms of child labour. In its previous comments, the Committee noted that section L.324-12 of the Labour Code provides for cooperation between several State agencies to combat hidden forms of child labour. It observed that children engaged in hidden forms of child labour are particularly at risk of being exposed to types of work which may be harmful to their health, safety or morals and it requested the Government to provide information on the number of violations reported relating to hidden forms of work. The Committee notes that the Government has not provided any information in its report. The Committee requests the Government to provide information on the coordinated measures adopted by the various services to combat hidden forms of child labour, including an indication of the number of young persons under 18 years of age engaged in this type of activity and the violations reported.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted that, according to the report prepared by the joint information mission of the National Assembly on the various modern forms of slavery of 21 December 2001 (Report No. 3459 of 12 December 2001, page 7), the situation of certain young persons in France was a cause of “great concern”. The mission referred to young prostitutes walking the streets, children engaged in domestic work or in illicit workshops, and children taught to beg or steal. The mission added in its report that, throughout its hearings, its travels in France and abroad, and its experiences in the field, it had been able to gain an understanding of the scope of the phenomenon of slavery in France and the diversity of forms that it takes, and that it concluded that it was not being dealt with effectively. The Committee requested the Government to provide information on the measures adopted to combat the exploitation of young persons under 18 years of age in the following fields: prostitution, domestic work, work in illicit workshops, begging and slave labour. The Committee notes that the Government has not provided any information in this respect. It therefore once again requests the Government to provide information on the measures adopted to combat the following worst forms of child labour: prostitution, domestic work, work in illicit workshops, begging and slave labour.

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 the removal of children from the worst forms of child labour. 1. Children of Chinese origin on the national territory. The Committee noted previously that the report of the joint information mission of the National Assembly on the various modern forms of slavery of 2001 (page 13) indicated that illegal immigrants were more likely not always enrolled in schools and more likely put to work, mainly in illicit production workshops, leather goods production, mechanical work and, more recently, in catering. This was particularly the case in respect of Chinese nationals present in France in 2001, of whom 75 per cent were illegal. The Committee encouraged the Government to take measures to ensure that Chinese children present in France have access to free basic education. The Committee notes the information provided by the Government in its report that it has implemented action programmes to bring to an end the worst forms of child labour. These action programmes are principally intended to ensure that children are enrolled in school. The Committee requests the Government to provide information on these programmes of action, with an indication of the measures adopted to ensure that Chinese children present in France get a free basic education and the measures to prevent them from being engaged in the worst forms of child labour.

2. System of protection and assistance. In its previous comments, the Committee noted that section 42 of the Act of 18 March 2003 on internal security provides that any person who is a victim of prostitution shall benefit from a system of protection and assistance, provided and coordinated by the administration in collaboration with the various social services. It also noted that section 43 of the Act of 18 March 2003 supplements section L.345-l of the Code of Social Action and Families by providing that places in social integration and shelter centres shall be open to victims of the trafficking of human beings under conditions which instil a sense of security. The Committee requested the Government to provide information on the protection and assistance measures adopted for persons under 18 years of age who are victims of prostitution and for child victims of trafficking who are in social integration and shelter centres. It notes that the Government has not provided any information on this subject. The Committee therefore once again requests the Government to provide information on the protection and assistance measures adopted benefiting young persons under 18 years of age who are victims of prostitution or trafficking and on the measures taken for the rehabilitation and social integration of children removed from these worst forms of child labour.

Clause (d). Identification of children at special risk. 1. Child victims of Internet pornography. In its previous comments, the Committee noted that the report of the joint information mission of the National Assembly on the various modern forms of slavery (page 124) indicated that “in so far as combating networks for the trafficking of human beings and in the field of sexual Internet crime and child pornography in particular, traditional methods of police investigation are no longer adequate. Indeed these new, fluctuating and underground forms of criminality require new and more effective policing methods which must facilitate the establishment of proof of such crimes, a task which is particularly delicate at the present time.” The Committee requested the Government to indicate whether it envisaged taking measures to ensure the effective implementation and enforcement of the national provisions protecting young persons under 18 years of age from trafficking, sexual Internet criminality and child pornography. It notes that the Government has not provided any information on this subject in its report. As Act No. 2006-399 of 4 April 2006 strengthening the prevention and penalization of violence within the couple or committed against young persons reinforces the legal provisions respecting prostitution and pornography involving young persons under 18 years of age, the Committee requests the Government to provide information on the measures adopted to ensure effective implementation and compliance with the national provisions in these fields.

2. Child parking meter thieves. The Committee noted previously that, according to the report of the joint information mission of the National Assembly on the various modern forms of slavery (pages 13 and 17), young persons, essentially of Romanian origin, have been used by adults since the beginning of 2000 to steal from parking meters. These children are forced to bring back a minimum daily sum under the menace of being beaten and only receive a very small proportion of their booty to live and eat. The report stated that, although the numbers are uncertain, they are estimated at around 140 by the police and nearly 300 according to certain press articles. The arrests made by the police services were not sufficient to destroy the network. Furthermore, the report noted that the replacement in Paris of coin parking meters by parking meters using cards had resulted in a “recycling” of some of these young Romanians, who are now obliged to prostitute themselves. The Committee encouraged the Government to establish a time-bound programme to improve the situation of these children. Noting the absence of information on this subject in the Government’s report, the Committee requests the Government to provide information on the measures adopted to improve the situation of these children.

Article 8. International cooperation. The Committee notes the information contained in the Government’s initial report on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC/C/OPSC/FRA/1 – to be examined by the Committee on the Rights of the Child at its session in September/October 2007), on the assistance and international cooperation measures and the specific measures adopted for young persons in transit facilities. The Committee encourages the Government to continue its international collaboration efforts to contribute to the prohibition and elimination of the worst forms of child labour. It also requests the Government to provide information on the cooperation measures established with the countries of origin of children in transit facilities who are obliged to return to their countries, particularly to facilitate their return to their families.