Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Minimum Age Convention, 1973 (No. 138) - Serbia (Ratification: 2000)

Article 8 of the Convention. Artistic performances. The Committee previously noted the Government’s statement, with regard to participation in artistic performances, that the labour law does not contain exceptions to the rule on prohibiting persons below the age of 15 to enter labour relations. The Committee requested the Government to indicate whether in practice children under the age of 15 years participate in artistic performances.

The Committee notes the copy of the Media Code of Conduct in respect of children, submitted with the Government’s report. In this regard, it notes that section 13 of this Code, on children’s participation in programmes and interviews, states that the media must take into account the preservation of a child’s integrity and their right to a free and happy childhood. Section 13 also states that any such participation in a programme requires consent of the child, the child’s parents or legal guardian, as well as the consent of representatives of any institutions attended by the child, such as schools. Section 13 of this Code further states that the media shall respect any terms and conditions of educational authorities and other authorities for children, regarding their appearance in the media.

Parts III and V of the report form. Labour inspection and practical application of the Convention. The Committee previously noted that the Committee on the Rights of the Child, in its concluding observations of 20 June 2008, expressed concern at the continued existence of child labour in Serbia, in particular in rural areas and in the informal sector (CRC/C/SRB/CO/1, paragraph 67). It further noted that, according to the Multiple Indicators Cluster Survey, conducted by the Statistical Office of the Republic of Serbia in collaboration with UNICEF (released in 2007), 6 per cent of children between the ages of 5 and 14 were engaged in economic activity. The Committee noted that the number of children engaged in economic activity was higher in rural areas, and among boys, with 8.6 per cent of boys in rural areas engaged in economic activity. Nonetheless, the Committee noted that only a small fraction of working children did not attend school, with most combining economic activity with school attendance.

The Committee notes the Government’s statement in its report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Labour Inspectorate did not receive any requests for inspections related to the employment of persons below the age of 15 years of age, and that labour inspectors did not register any working person below the age of 15 years in the period between July 2009 and July 2011. However, referring to its comments made with respect to the Labour Inspection (Agriculture) Convention, 1969 (No. 129), in 2010, the Committee also observes that there has been a steep reduction in the number of inspections carried out in agriculture. The Committee further notes the information in the Government’s report regarding several bodies responsible for monitoring the rights of children within the country. The Government indicates that the Committee on the Rights of the Child of the National Assembly was established in 2010, as a permanent independent body of the National Assembly, and that this body has the competency to monitor the implementation and application of relevant laws and regulations. The Government also indicates that the Deputy Ombudsman for Children’s Rights (under the Office of the Protector of Citizens) has the power to initiate proceedings as well as to conduct surveys with regard to children’s rights. The Committee requests the Government to indicate if any surveys are envisaged, by the Deputy Ombudsman for Children’s Rights or other institutions, for the purpose of generating up-to-date statistical information on the subject of working children. It also requests the Government to continue to provide information on the manner in which the Convention is applied, including information from the Committee on the Rights of the Child of the National Assembly and from the Labour Inspectorate, particularly with regard to children engaged in economic activity in agriculture and in the informal sector.