Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) and the joint observations of the Spanish Confederation of Employers’ Organizations (CEOE) and the Spanish Confederation of Small and Medium-Sized Enterprises (CEPYME), sent with the Government’s report.

Article 7(2) of the Convention. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these types of labour and ensuring their rehabilitation and social integration. Trafficking for sexual and labour exploitation. The Committee notes with interest the adoption in June 2021 of the “Basic Act on the comprehensive protection of children and young persons” (Basic Act 8/2021), referred to by the Government in its report. The Government emphasizes that the purpose of this legislation is to guarantee the fundamental rights of children and young persons to their physical, psychological and moral integrity against any form of violence. In particular, the Committee notes that Basic Act 8/2021: (1) establishes the right to comprehensive care, including measures for the provision of information and psycho-social, social and educational support for victims (including trafficking victims), therapeutic care, and support for education and finding employment; (2) provides that the security forces and agencies of the State, autonomous regions and local entities can count on specialist units for the investigation, prevention and detection of situations of violence against children and young persons and for action against such situations, and for proper and appropriate intervention in such cases; and (3) provides for the setting up of the Committee against Violence towards Children and Young Persons (CoVINNA), tasked with drawing up a joint healthcare protocol for the elimination of violence against children and young persons.

The Committee also notes the Government’s indication that in 2022 the “Plan of Action against the sexual exploitation of children and young persons in the child protection system” was adopted, which provides, among other measures, for updating the “Protocol for the coordination of action by the competent public entities in the area of protection of young persons”, with regard to transfers of children and young persons. This Protocol will enable the prompt identification of available places, especially in specialist entities, and the quick transfer of children at particular risk, including victims of trafficking and sexual exploitation. The Government also indicates that: (1) in November 2022, the preliminary draft of the “Comprehensive Basic Act against human trafficking and exploitation” was approved, which provides for comprehensive, joint action against all forms of trafficking and exploitation, from sexual and labour exploitation to trafficking of organs, and including prevention and awareness-raising in addition to the core response of criminal prosecution; and (2) the “National Strategic Plan against human trafficking and exploitation 2021-23” was adopted, setting as priorities the detection and prevention of human trafficking, the identification, protection, assistance and recovery of trafficking victims, prosecution of the crime, cooperation and coordination, and increased raising of awareness.

The Committee duly notes the Government’s indication that the Civil Guard, in its action to protect victims, bases itself on the “Framework Protocol on the protection of human trafficking victims”, whose goal is to establish guidelines to detect, identify, assist and protect trafficking victims. However, the Committee notes that the Government has not provided any information on the results achieved in the context of this Protocol or the “Protocol on unaccompanied foreign minors”, which provides for coordination and the registration of these young persons by the authorities.

The Committee notes that the CCOO in its observations welcomes the above-mentioned progress in terms of legislation and plans of action, specifically highlighting Basic Act 8/2021, the preliminary draft of the “Comprehensive Basic Act against human trafficking and exploitation”, as well as the “Plan of Action against the sexual exploitation of children and young persons in the child protection system”. The Committee also notes, according to the joint observations of the CEOE and CEPYME, that in the formulation of certain legislative texts such as Basic Act 8/2021, as well as other initiatives such as the preliminary draft of the “Comprehensive Basic Act against human trafficking and exploitation”, dialogue with the social partners was virtually non-existent. The CEOE and CEPYME emphasize that social dialogue is essential in the formulation of legislative texts and that input from the social partners significantly enriches these texts and has a very positive impact on the legislation in question. The Committee notes the Government’s reply that the preamble to Basic Act 8/2021 indicates that “during the process for adoption of the legislation, prior public consultations were held and information duly provided to the public”. The Government considers that these processes enable the participation of the social partners. With regard to the preliminary draft of the “Comprehensive Basic Act against human trafficking and exploitation”, the Government also indicates that the corresponding procedures for public hearings and the provision of information were followed.

The Committee observes that according to the conclusions of the Council of Europe Group of Experts on Action against Trafficking in Human Beings (GRETA): (1) Spain continues to be chiefly a country of destination and transit for trafficking victims; (2) according to data gathered by the Ministry of Interior, between 2017 and 2022 a total of 1,687 trafficking victims were identified, including 79 child victims; (3) the most common form of exploitation was sexual exploitation (28 girls and 1 boy), followed by labour exploitation (15 girls and 13 boys), forced criminal activity (6 boys), and forced begging (2 girls and 3 boys)); and (4) GRETA urges the Spanish authorities to improve procedures for identifying child victims of trafficking, in particular unaccompanied foreign children, and to increase the availability of places in safe, specialist accommodation, with adequately trained professionals. The Committee also notes that the United Nations Committee on the Elimination of Discrimination against Women, in its concluding observations, expressed concern at the fact that most trafficking victims are women and girls, trafficked for sexual exploitation, and that they are often not detected by border officials and face obstacles gaining access to justice (CEDAW/ESP/CO/9, 31 May 2023, paragraph 26(b)). While duly noting the measures taken by the Government, the Committee encourages the Government to continue its efforts to protect boys and girls under 18 years of age against trafficking in persons, incorporating the participation of the social partners in the measures and action taken. In this regard, the Committee requests the Government to provide detailed information on: (i) the measures taken in the context of various plans and protocols, including the “National Strategic Plan against human trafficking and exploitation 2021–23” to provide necessary and appropriate direct assistance to release children and young persons who are trafficking victims and ensure their rehabilitation and social integration; and (ii) progress on the adoption of the preliminary draft of the “Comprehensive Basic Act against human trafficking and exploitation”. With regard to its previous comments, the Committee once again requests the Government to provide detailed information on the results achieved in the context of the “Protocol on unaccompanied foreign minors” and the “Framework Protocol on the protection of human trafficking victims”.

Clause (d). Children at special risk. Migrant children and unaccompanied minors. The Committee notes the Government’s indication that in September 2022 the “Model for the management of migration contingencies for unaccompanied children and young persons” was approved by the Sectoral Conference on Children and Young Persons as a model for addressing emergency and crisis situations relating to migrants, on the basis of co-responsibility, cooperation and inter-regional solidarity, enabling the transfer and integration of children and young persons between different autonomous regions. The actions prescribed by the Model include an initial evaluation, in the first few weeks after the arrival of migrants, of the specific needs of migrant children and young persons for an initial formal determination of the higher interests of the young persons concerned, in order to direct the following steps in the comprehensive intervention and care process. Special attention must be given to profiles of those especially at risk, such as child victims of trafficking. Account must be taken of the existence of these profiles to ensure prompt detection and identification, and also to take the most appropriate protection measures. However, the Committee notes that the Government has not provided information in reply to its previous requests regarding: (1) the results achieved in the context of the above-mentioned Model; and (2) the results achieved in the context of the “Programme of guidance and reinforcement for progress and support in education” to facilitate the provision of care for unaccompanied foreign minors. While recalling that migrant children are at particular risk of engagement in the worst forms of child labour, the Committee requests the Government to continue its efforts to protect migrant children and unaccompanied foreign minors from the worst forms of child labour and to ensure their integration into the school system. The Committee also once again requests the Government to provide information on the results achieved in the context of the “Programme of guidance and reinforcement for progress and support in education” and the “Model for the management of migration contingencies for unaccompanied children and young persons” to facilitate the provision of care for unaccompanied foreign minors. This information should include data on the number of foreign minors who have been identified and protected from the worst forms of child labour, and also on the types of assistance received.

The Committee is raising other matters in a request addressed directly to the Government.