Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that the national legislation, including the Penal Code, does not seem to specifically prohibit the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs. The Committee, therefore requested the Government to indicate the legislative provisions under Finnish law which apply in this regard.

The Committee notes the Government’s indication that the offence related to the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs are covered by the provisions laid down under Chapter 5 of the Criminal Code. According to section 4 of Chapter 5 of the Criminal Code, any person who commits an offence by using as an agent, another person who cannot be punished for said offence due to the lack of criminal responsibility or intention or due to another reason connected with the prerequisites for criminal liability, shall be punished. Consequently, a person who has used, as an agent, a person under the age limit of criminal responsibility (15 years) for the commission of a crime shall be punished as the perpetrator of the crime. With regard to persons aged between 15 to 17 years, the Government refers to section 3 of Chapter 5 of the Criminal Code dealing with complicity in an offence; section 5, relating to instigating another person to commit an offence; and section 6, relating to abetting another person for the commission of an offence.

Articles 6 and 7(2)(b). Programmes of action to eliminate the worst forms of child labour and direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking. The Committee notes from the Government’s report that, following the implementation of the Revised Plan of Action Against Trafficking in Human Beings, 2008, several legislative amendments concerning assistance and support to victims of trafficking have been adopted. Chapter 4 of the Act on the Reception of Seekers of International Protection of 2011 (Reception Act) contains provisions relating to the content of assistance to be provided to victims of trafficking; duties of the competent authority for assisting the victims; as well as the appointment of a multi-professional evaluation group for assessing the needs of victims of trafficking. Accordingly, the services and assistance provided to victims of trafficking, as per section 33 of the Reception Act include: legal and other advisory services; crisis support; social welfare and health-care services; translation and interpretation services; accommodation and housing; assistance for a safe return; and other assistance taking into account the special needs resulting from the age and situation of the victim. The Committee also notes that according to a decree issued by the Ministry of Interior on 1 September 2011 (No. 984/2011), the reception centres of Joutseno and Oulo are the two centres competent to assist victims of trafficking which coordinate, maintain and develop the system for assisting victims of trafficking. The Committee notes the Government’s information that from 2005 to 2012, 31 proposals for assistance concerning minor victims of trafficking were received. The Government’s report further indicates that the number of minors identified as victims of trafficking remained very low in 2013. The Committee requests the Government to provide information on the methodology used for identifying victims in this respect.