Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Article 3 of the Convention. 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. In its previous comments, the Committee noted that the Penal Code punishes anyone who commits a sexual act with a child under 16 years of age (section 187) or who induces a minor (a person under 18 years of age) to engage in prostitution (section 195). Since 2003, the Committee had been noting that, although section 195 covers the prohibition set out in the Convention, the Penal Code is not in conformity with the Convention in that section 187 only punishes an act of a sexual nature committed on a person under 16 years of age. It emphasized that it is necessary to make a distinction between the age of sexual consent and the freedom to engage in prostitution. It considered that, even though the national legislation recognizes that a young person over 16 years of age may lawfully consent to a sexual act, the age of consent does not affect the obligation to prohibit this worst form of child labour. It also considered that the fact of engaging in a sexual act with a young person under 18 years of age in exchange for remuneration, with or without consent, constitutes the use of a child for prostitution. The Committee further noted that section 197 of the Penal Code punishes the use, procuring or offering of a child for the production of pornography. However, it noted that the term “child” used in section 197(3) of the Penal Code, which prohibits the production of pornography involving children, only covers persons under 16 years of age. In this respect, the Government indicated that, following the signature in June 2010 of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (the Lanzarote Convention), amendments would be needed to the Penal Code. These amendments would include the criminalization of the use of young persons between the ages of 16 and 18 years for prostitution and the extension of the scope of application of section 197 to young persons between the ages of 16 and 18. It indicated that a draft report on the implementation and ratification of the Convention was under preparation by the Federal Office of Justice and that the consultation procedure would be launched as soon as possible so that a message could be submitted to the Federal Chambers in 2012. The Committee also noted that the Federal Order of 27 September 2013 to approve and implement the Lanzarote Convention provides for the revision of certain provisions of the Penal Code and expressed the firm hope that these amendments would be implemented shortly.

The Committee notes with satisfaction the Government’s indication in its report that, in the context of the implementation of the Lanzarote Convention, the relevant provisions of the Penal Code have been revised, thereby bringing the legislation into conformity with the Convention. The amendments, which entered into force on 1 July 2014, relate to section 195 of the Penal Code, which now prohibits the incitement of any minor (a person under 18 years of age) to engage in prostitution, and section 197(3) which now prohibits the procuring of any minor for the production of pornography. The Committee also notes the statistics provided by the Government on this subject. In 2014, there were two victims of incitement to prostitution aged under 18 years, and in 2015, there were three such victims. The Committee also notes that the number of rulings issued under section 197 of the Penal Code concerning minors was 318 in 2014 and 216 in 2015. The Committee requests the Government to continue providing information on the effect given in practice to sections 195 and 197(3) of the Penal Code, with an indication of the number of investigations conducted, prosecutions, convictions and penalties applied.