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

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

Article 4(3) of the Convention. Revision of the list of hazardous types of work. The Committee previously noted that the reform of the regulations on hazardous types of work prohibited for young persons under 18 years of age was still under way in the context of the transposition of Council Directive No. 33/94/CEE of 22 June 1994 on the protection of young people at work.

The Committee notes with interest that the legislative reform pertaining to young workers was adopted on 11 October 2013, specifically including Decree No. 2013-915 that updated the list of work prohibited for young persons. This list under the Decree applies to all young persons, irrespective of whether they are employees or undergoing vocational training, and constitutes an absolute ban – given the considerable danger inherent in this work and the vulnerability of young people on account of their age and their lack of vocational training and professional experience. The Government states that many consultations were held with the social partners on this reform and all the Decrees it incorporates.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee expressed the firm hope that the adoption of the new Bill, which provides for the integration of the Children’s Defender within the institution of the Defender of Rights, would not lead to a weakening of the mandate of the Children’s Defender, particularly with respect to the development of awareness-raising activities on the worst forms of child labour.

The Committee notes with interest that, according to the Government, the mandate of the Children’s Defender has in no way been undermined as a result of being incorporated into the institution of the Defender of Rights. The Children’s Defender is regularly called upon to examine the situation of isolated foreign minors, especially cases involving the fundamental rights of Roma children, in the context, for example, of access to schooling.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education for children from minorities, particularly Roma children. In its previous comments, the Committee noted that despite the efforts made by France to address the social and economic inequalities existing in the field of education, significant disparities in terms of school performance and drop-out rates continued to exist between French pupils and pupils belonging to racial, ethnic or national minorities. The Committee also observed that several groups of children encountered problems being enrolled in school or continuing or re-entering education, notably children with disabilities, children of travellers, Roma children and asylum-seeking children. The Committee also noted that the very large majority of Roma families would like their children to be enrolled in education, but numerous obstacles hinder their enrolment, such as the registration procedure at primary level which requires a registered address or proof of accommodation and the lack of a reception facility for foreign children not of French mother tongue. Added to this is the concern among Roma parents about being deported or separated from their children if their children are at school when they are deported from their place of residence.

The Committee notes the Government’s indication that since July 2013, the principle of inclusive education of all children, without distinction, has been included in the first article of the Education Code. Apart from overhauling primary education, France has introduced measures more targeted to children with special needs and to the democratization of education. In this respect, the goal of the priority education policy is to correct the impact of social and economic inequalities on academic success by strengthening pedagogical and educational action in schools and establishments in regions experiencing the greatest social difficulties. Furthermore, the Government provides information on the measures adopted for the schooling of pupils with special needs. For instance, Circular No. 2012-143 of 2 October 2012 defines the organization and mission of the academic centres for the schooling of newly arrived non-French speaking children and children of the travelling community (CASNAV). The objectives highlighted in this Circular are: overcoming discrimination, and ways to achieve this; the harmonization of reception procedures; the guaranteed attainment of the common core of knowledge, skills and culture; and the appreciation of the multilingual wealth of these groups of the population. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to provide information on the impact of these measures in terms of the number of children belonging to minority groups, Roma families and other vulnerable groups who have had an easier access to education, with reduced drop-out rates.

Clause (b). Providing direct assistance for the removal of children from the worst forms of child labour and ensuring their rehabilitation and social integration. Child victims of trafficking and prostitution. The Committee previously requested the Government to provide further information on the specific measures taken to ensure the rehabilitation and social integration of children under 18 years of age who are the victims of trafficking and prostitution and on the number of children who have benefited from these measures.

The Committee notes that, according to the Government, the national action plan to combat the trafficking of human beings (2014–16) provides for specific measures in the case of minors who are victims of trafficking. These particularly include: the establishment of groups specialized in the trafficking of minors within the specialized committees of the Departmental councils concerned with crime prevention assistance to victims and drug prevention; the proposal to the Assembly of French Departments for a Convention to clarify the competencies of the child welfare services in the follow-up of victims who are minors; training for staff entrusted with looking after victims who are minors with a view to making them aware of the specific nature of the situation experienced by these young people, including an examination of the way in which reception facilities might be adapted to victims of trafficking. The Committee requests the Government to provide information on the results achieved following the various measures adopted in the context of the implementation of the national action plan to combat the trafficking of human beings (2014–16) in terms of the number of children under 18 years of age who have benefited from protection against trafficking or prostitution.

Clause (d). Identification of children at special risk. 1. Isolated foreign minors. The Committee previously noted that the Children’s Defender had presented 25 recommendations on the care of isolated foreign minors, who are considered, under the Act of 5 March 2007, to be under the auspices of Child Protection. Every year, around 4,000 of these minors, the majority originating from Africa, Eastern Europe and Asia, arrive without parents and frequently also without identification. It noted with concern that unaccompanied minors do not systematically benefit from social and education services and that they have no clearly defined legal status, and that they are often returned to countries where they face risk of exploitation without a proper assessment of their conditions. Noting once again the lack of any information on this matter in the Government’s report, the Committee urges it to take immediate and effective measures to protect isolated foreign minors from the worst forms of child labour and ensure their rehabilitation and social integration. It requests the Government once again to provide information on measures taken in this respect and on the results achieved.