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

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

Articles 6 and 7(2)(b) of the Convention. Programmes of action and effective and time-bound measures. Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Sexual exploitation of children for commercial purposes. The Committee takes note of the Working Group on the prostitution of minors of 28 June 2021, which highlights that: (1) prostitution of minors is a phenomenon that has increased regularly over the past five years, which appears to affect more and more young persons and takes new forms; (2) the Domestic Security Ministerial Statistics Service (SSMSI) noted 400 minors that were victims of pimping in 2020 and the central office for the repression of human trafficking (OCRTEH) noted 219; and (3) the victims are very largely young girls aged between 15 and 17 years, vulnerable, from all social backgrounds and experiencing difficulties in coming to terms with their status as victims. The Committee notes that, following publication of the report of the Working Group, in November 2021 the Government launched the first National Plan to combat the prostitution of minors, of which the objectives are: (1) to better identify child victims, and support them in reconstructing their life path; and (2) to better penalize the clients and pimps.

The Committee also notes, from the 2022 report published by the Group of Experts on Action against Trafficking in Human Beings (GRETA) in respect of France, that: (1) children at risk are taken into care by the Child Protection Service (ASE), even when there is an immediate need for them to be moved to a secure location; (2) these facilities are not adapted to the situation of child victims of trafficking, as the staff are not trained in providing this very specific type of care; (3) in addition, the child victims are not secure enough, and are immediately called back by traffickers, who sometimes form part of their family circle; and (4) some interlocutors reported that children have been recruited for sexual exploitation at these ASE centres. The Committee requests the Government to provide information on the specific measures taken, in particular in the context of the National Plan to combat the prostitution of minors, to: (i) prevent and combat the sexual exploitation of children for commercial purposes; (ii) identify the child victims of prostitution and provide the direct necessary and appropriate care to remove them from this worst form of child labour, and ensure their rehabilitation and social integration; and (iii) ensure that the child victims taken into care by the care centres are not revictimized. The Committee also requests the Government to communicate the results of measures taken in this regard, including providing information on the number of child victims of sexual exploitation for commercial purposes with whom contact has been established, who been removed and rehabilitated, and on the types of service from which they have benefitted in the context of their rehabilitation and social reintegration.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 4(3) of the Convention. Revision of the list of hazardous types of work. Referring to its previous comments, the Committee notes the Government’s indication that the reform of the regulations on hazardous types of work prohibited for young persons under 18 years of age is still under way in the context of the transposition of Council Directive No. 94/33/EC of 22 June 1994 on the protection of young people at work. According to the information provided by the Government, negotiations have taken place within a working group comprising representatives of the administrations concerned, occupational health doctors and school doctors, representatives of the craft industry and the National Research and Safety Institute for the Prevention of Occupational Accidents and Diseases. Furthermore, the Committee notes that the social partners will be consulted once the draft laws and decrees have been finalized. The Committee requests the Government to continue providing information on the reform of the regulations on hazardous types of work prohibited for young persons under 18 years of age, as well as on the consultations held in that regard with employers’ and workers’ organizations.

Article 5. Monitoring mechanisms. 1. Combating hidden forms of child labour. In its previous comments, the Committee noted that the Inter-Ministerial Delegation to Combat Illegal Work (DILTI) carried out an evaluation for the period 1998–2003 that highlights an increase in status falsifications, the use of internship agreements to conceal real employment or to introduce foreign youth, the resorting to abusive volunteer work and the false declaration of a salaried worker as a self-employed worker. It also noted that a Global Plan to Combat Illegal Work (Global Plan) was implemented as of 2004.

The Committee notes the information provided by the Government that the DILTI was dissolved by the Decree of 18 April 2008 which created the National Delegation to Combat Fraud (DNLF). According to the Government’s report, the DNLF has taken over most of the tasks of the DILTI but in addition has more extensive powers relating to intervention and coordination, since it covers all social and tax fraud. The Committee also notes that the National Committee to Combat Illegal Work, which is presided over by the Ministry of Labour, is responsible for validating the national action plan against illegal work each year and defining its strategic directions. The five priority activity sectors targeted are construction and public works, the hotel and restaurant industry, enterprise services, show business and seasonal agricultural work. The Committee notes that the number of reports relating to the carrying out of illegal work increases each year. Furthermore, the number of convictions for illegal work offences increased by 54 per cent between 2004 and 2008. With regard to hidden forms of child labour, it notes that eight convictions were handed down in 2007 and three in 2008 for the use of the services of a minor required to attend school. It also notes that 86 reports were made between 2008 and 2009 for the illegal employment of minors under 18 years of age.

2. Combating child pornography on the Internet. Further to its previous comments, the Committee notes the information provided by the Government that a platform for the harmonization, analysis, cross-checking and channelling of reports concerning illegal content or behaviour on the Internet (PHAROS), managed by the Central Office for the Fight against Crime linked to Information and Communication Technologies, was created in 2005 within the Criminal Police Central Directorate. The Committee notes that PHAROS is accessible to the public through a portal and enables Internet surfers to report online any sites or content contrary to the laws and regulations disseminated on the Internet, such as child pornography. According to the information provided in the Government’s report, 33,735 reports were received between January and September 2009. The Committee also notes the existence of the Division to tackle cyber crime within the Documentation and Criminal Investigation Technical Department of the national gendarmerie. Furthermore, it notes that the national gendarmerie has a national network of 200 specialist child pornography investigators.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted the creation in 2000 of the Children’s Defender. It noted that this independent authority deals with individual cases and she may be directly seized by any minor under 18 years of age or by a legal representative as well as by associations defending children’s rights. The Children’s Defender can also receive individual requests regarding cases that could not be resolved by the existing law and through the existing structures. She may also propose legislative amendments to provide solutions to collective failures that impede the implementation of children’s rights.

According to the information available to the Office, the Committee notes that a Bill on the Defender of Rights was adopted by the Senate at its first reading in June 2010 and submitted to the National Assembly for adoption. It notes that this Bill provides that the Children’s Defender will be placed under the authority of the Defender of Rights and that the current mandate of the Children’s Defender will end with the mandate of the Defender of Rights. The Committee expresses 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 will not lead to a weakening of the mandate of the Children’s Defender, particularly with regard to the development of awareness-raising activities on the worst forms of child labour. It requests the Government to provide information in this regard.

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. In its previous comments, the Committee noted that foreign children are necessarily enrolled in an “ordinary class” corresponding to their level at elementary and secondary school, whenever the command of the language is not fundamental and in an “initiation class” (or a “reception class” in the case of secondary school) to follow a daily education of French.

However, the Committee notes that, in its concluding observations of 9 June 2008 (E/C.12/FRA/CO/3, paragraph 28), the Committee on Economic, Social and Cultural Rights noted with concern that, in spite of 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 notes that, according to the concluding observations of the Committee on the Rights of the Child (CRC) of 22 June 2009 (CRC/C/FRA/CO/4, paragraph 80), several groups of children encounter problems being enrolled in school or continuing or re-entering education, notably children with disabilities, children of travellers, Roma children and asylum-seeking children. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to step up its efforts to facilitate the access of the children belonging to minority groups and other vulnerable groups to free basic education and requests it to take measures to reduce the school drop-out rates of these children. The Committee requests the Government to provide information on the measures taken in that regard, including the results achieved.

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 noted that, under section 42 of the Act of 18 March 2003 on internal security, any person who is a victim of prostitution shall benefit from a system of protection and assistance, provided and coordinated by the administration in collaboration with the various social services. It also noted that section 43 of the Act of 18 March 2003 supplements section L.345-1 of the Code of Social Action and Families by providing that places in social integration and shelter centres shall be open to victims of trafficking in human beings under conditions which instil a sense of security.

The Committee duly notes the measures taken by the Government to ensure protection and assistance for child victims in the context of a criminal procedure. It notes that child victims of human trafficking and procuring may benefit from a number of rights, such as the right to social protection and financial assistance on their return. Furthermore, the Committee notes the Government’s indication that a working group on the protection and care of victims of human trafficking was established in December 2008 for the purpose of drawing up a national action plan to combat the trafficking of human beings. The Committee requests 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. It also requests the Government to continue providing information on the implementation of the national action plan to combat the trafficking of human beings and on the measures which will be taken under that plan to assist children under 18 years of age, with child participation.

Clause (d). Identification of children at special risk. 1. Isolated foreign minors. The Committee previously noted that the Children’s Defender presented, in June 2008, 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. It noted that 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.

The Committee notes that the Government’s report contains no information on the implementation of the recommendations made by the Children’s Defender. However, it notes that, in its concluding observations of 22 June 2009 (CRC/C/FRA/CO/4, paragraphs 84–85), the CRC noted with concern that unaccompanied minors do not systematically benefit from social and education services and that they have no clearly defined legal status. Furthermore, the CRC expressed concern that these children are often returned to countries where they face risk of exploitation without a proper assessment of their conditions. The Committee requests the Government 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 it to provide information on the measures taken in that regard.

2. Roma children. The Committee notes that, in its concluding observations of 22 June 2009 (CRC/C/FRA/CO/4, paragraph 101), the CRC expressed concern at the discrimination faced by children belonging to minority groups, especially travellers and Roma children, in particular with regard to the right to adequate housing and standard of living, education and health. Furthermore, the Committee notes that, according to the study carried out by the National Human Rights Advisory Committee (CNCDH) of 7 February 2008, entitled “Study and proposals on the situation of Roma and travellers in France”, available on the website of the CNCDH (www.cncdh.fr), 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. Furthermore, it notes that, among the obstacles to the education of Roma children, the study emphasizes the concern among Roma parents about being deported or separated from their children if their children are at school when they are deported from where they live. Considering that children belonging to ethnic minorities are particularly exposed to the worst forms of child labour, the Committee requests the Government to provide information on the measures taken to protect Roma children from the worst forms of child labour and in particular to ensure that these children have access to education.

Article 8. International cooperation. The Committee previously noted the information contained in the Government’s initial report on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC/C/OPSC/FRA/1), on the international cooperation and assistance measures and the specific measures adopted for young persons in transit facilities. It encouraged the Government to continue its international collaboration efforts aimed at prohibiting and eliminating the worst forms of child labour. Noting once again the lack of information contained in the Government’s report, the Committee strongly encourages the Government to take measures to strengthen its cooperation with the countries of origin of isolated foreign minors to facilitate the integration and rehabilitation of these children in their countries of origin. It requests the Government to provide information on the progress made in that regard.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 4, paragraph 3. Revision of the list of hazardous types of work. In its previous comments, the Committee noted the information provided by the Government in its report that the regulations on hazardous types of work prohibited for young workers under 18 years of age are to be revised in the near future. The Committee notes the Government’s indication that a revision of these texts is ongoing in the framework of the Directive on Protection of Young Workers No. 33/94/CEE of 22 June 1994. Act No. 2004-237 of 18 March 2004 empowered the Government to transform this directive into an order. The Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which contains a list of the types of work to be taken into consideration when determining hazardous types of work and identifying where they exist. The Committee requests the Government to provide information on any progress achieved in reforming the regulations on hazardous types of work prohibited for young workers under 18 years of age. It also once again requests the Government to provide information on the consultations held in this respect with employers’ and workers’ organizations.

Article 5. Monitoring mechanisms. Combating hidden forms of child labour. In its previous comments, the Committee requested the Government to provide information on the coordinated measures adopted by the various services to combat hidden forms of child labour, including an indication of the number of young persons under 18 years of age engaged in this type of activity and the violations reported. The Committee notes in the Government’s report that the Interministerial Delegation to Combat Illegal Work (DILTI) realized an evaluation for the period 1998–2003, that highlights an increase in status falsifications, the use of internship agreements to conceal real employment or to introduce foreign youth, the resorting to abusive volunteer work or the false declaration of a salaried worker as a self-employed worker. A Global Plan to Combat Illegal Work (Global Plan), implemented as of 2004, concentrates its action in four sectors considered to be of priority: (a) live and recorded shows; (b) agriculture; (c) construction and public works; and (d) hotels, cafés and restaurants. The Global Plan focuses on three areas of intervention: (a) staff increases and training of the Labour Inspectorate to permit a growth of in-the-field controls and a permanent monitoring of the evolution of each sector; (b) the extension of cooperation between the control bodies and the public aid management organizations; (c) the suppression of such public aid (such as subsidies granted by the Regional Directions for Cultural Action and the National Cinematographic Centre) to offending enterprises.

Furthermore, the Committee notes that the first assessment on actions led in 2004 and 2005 underline the concrete results obtained thanks to the efficiency of large-scale controls. The number of social contribution recoveries has significantly increased: 42 per cent over three years. In the four priority sectors mentioned above, it reached 17.6 million euros in 2005 versus 7.2 million euros in 2003 for 59,259 inspected enterprises, of which 3,054, or 5.2 per cent, were fined, and for a total volume of 9,747 offences. The Committee requests the Government to continue providing information on the coordinated measures taken by the various services to combat hidden forms of child labour, including an indication of the number of young persons under 18 years of age engaged in this type of activity and the violations reported.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee requested the Government to provide information on the measures adopted to combat the following worst forms of child labour: prostitution, domestic work, work in illicit workshops, begging and slave labour. The Committee notes in the Government’s report that child protection, which is currently divided between the State and the departments (départements), was the object of an important reform in the framework of the Child Protection Reformation Act of 5 March 2007 (Child Protection Reformation Act). The State organizes judicial protection, whereas the departments are charged with ensuring social action benefiting children and families, termed “administrative protection”. The Child Protection Reformation Act established the primacy of administrative protection over judicial protection. In the framework of administrative protection, material, educational and psychological support is offered to minors confronted with social difficulties likely to severely compromise their, as well as their family’s, equilibrium. This support can take the shape of placing the child in an institution, a foster home or a structure of another type. The department is also in charge of isolated foreign minors via the Isolated Foreign Minors Welcome Cell. With regard to judicial protection, the Parental Authority Act of 4 March 2002 makes provision for minors who prostitute themselves, even if just occasionally, to be reputed in danger and therefore to come under the protection of youth judges under the educational assistance procedure, which permits the prostituted minors to benefit from the child protection judicial procedure in a systematic manner and to guarantee their educational, material and moral care under the supervision of the judicial authority. The Committee further notes the creation in 2000 of the Children’s Defender. This independent authority deals with individual cases and she can be directly seized by any minor under 18 years of age or by a legal representative as well as by associations defending children’s rights. The Children’s Defender can also receive individual requests regarding cases that could not be resolved by the existing law and through the existing structures. She may propose legislative remedies to provide solutions to collective failures that impede the implementation of children’s rights. A section of her annual report is dedicated to child prostitution. The Committee requests the Government to supply more information on the activities of the Children’s Defender in respect of the worst forms of child labour such as prostitution. The Committee also requests the Government to provide a copy of the Children’s Defender’s annual report in its next report.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from the worst forms of child labour. 
1. Children of Chinese origin on the national territory. In its previous comments, the Committee encouraged the Government to take measures to ensure that Chinese children present in France have access to free basic education. The Committee noted the information provided by the Government in its report that it has implemented action programmes, which are principally intended to ensure that children are enrolled in school, to bring to an end the worst forms of child labour.

The Committee notes in the Government’s report that foreign children are necessarily enrolled in an “ordinary class” corresponding to their level at elementary and secondary school, whenever the command of the language is not fundamental (e.g. music, visual arts, etc.). They are enrolled in an “initiation class” (or a “reception class” in the case of secondary school) to follow a daily education of French. Both in the ordinary classes, as in the initiation classes, assistance is provided to the students, if they so require. With regard to illegal (immigrant) children, a flyer dated 13 June 2008 authorizes the prefects to “re-examine” the situation of families without papers, of which one child is sent to school, if these families refuse the re-entry assistance offers, on six conditions:

(1)   habitual residence in France of at least one parent;

(2)   real schooling of one of their children;

(3)   birth of a child in France or habitual residence in France of a child since the age of 13;

(4)   no links between the child and the country of citizenship;

(5)   real contribution of one parent to the care and education of the child since birth, as per section 371-2 of the Civil Code; and

(6)   real will for the family to integrate (e.g. schooling of their children, command of the French language, educational follow-up of the children, the seriousness of their studies and the absence of disturbances to the public order).

The Committee requests the Government to provide information on the measures adopted to ensure that foreign children present in France have access to free basic education, including the enrolment rates of these children.

2. System of protection and assistance. In its previous comments, the Committee noted that section 42 of the Act of 18 March 2003 on internal security provides that any person who is a victim of prostitution shall benefit from a system of protection and assistance, provided and coordinated by the administration in collaboration with the various social services. It also noted that section 43 of the Act of 18 March 2003 supplements section L.345-l of the Code of Social Action and Families by providing that places in social integration and shelter centres shall be open to victims of trafficking in human beings under conditions which instil a sense of security. The Committee requested the Government to provide information on the protection and assistance measures adopted for persons under 18 years of age who are victims of prostitution and for child victims of trafficking who are in social integration and shelter centres. Noting once again that the Government has not provided any information on this subject, the Committee requests it once again to provide information on the protection and assistance measures adopted benefiting young persons under 18 years of age who are victims of prostitution or trafficking and on the measures taken for the rehabilitation and social integration of children removed from these worst forms of child labour.

Clause (d). Identification of children at special risk. 1. Child victims of Internet pornography. In its previous comments, the Committee noted that the report of the joint information mission of the National Assembly on the various modern forms of slavery (page 124) indicated that “in so far as combating networks for the trafficking of human beings and in the field of sexual Internet crime and child pornography in particular, traditional methods of police investigation are no longer adequate. Indeed these new, fluctuating and underground forms of criminality require new and more effective policing methods which must facilitate the establishment of proof of such crimes, a task which is particularly delicate at the present time”. The Committee requested the Government to indicate whether it envisaged taking measures to ensure the effective implementation and enforcement of the national provisions protecting young persons under 18 years of age from trafficking, sexual Internet criminality and child pornography. The Committee notes in the Government’s report that it has announced that Internet service providers will need to prohibit access to illegal child pornography web sites inventoried on a blacklist established by the Ministry of the Interior. Furthermore, a new rating for parental control software, regularly updated and displayed in stores, is expected as is a standard of quality, termed “label famille”, for this software. According to figures from the State Secretariat for the Family 36 per cent of children aged 11 to 17 have already been confronted with shocking and traumatizing images. Finally, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/OPSC/FRA/CO/1 of 15 October 2007, page 4, paragraphs 16 and 17), expressed regret with regard to “the lack of [a] systematic and comprehensive strategy to target the problem of child pornography”. The Committee requests the Government to continue providing information on the measures taken to assist child victims of sexual Internet criminality and child pornography. It also requests the Government to supply information on any new systematic and global strategy to combat the problem of child pornography. Furthermore, noting the absence of information in the Government’s report, the Committee requests it to provide information regarding the new and more effective policing methods to fight sexual Internet criminality and child pornography. Also noting the absence of information on this point, the Committee requests the Government to indicate if it envisages taking measures to ensure the effective implementation and the respect of national provisions protecting children under 18 years of age from trafficking, sexual Internet criminality and child pornography.

2. Isolated foreign minors. The Committee notes the Government’s statement that the Children’s Defender presented, in June 2008, 25 recommendations regarding the care for isolated foreign minors, who are considered, by virtue of the Act of 5 March 2007, to be under the auspices of Child Protection. Every year, some 4,000 of these minors, the majority originating from Africa, Eastern Europe and Asia, arrive without parents and frequently also without identification. The propositions of the Children’s Defender are categorized into five main priorities:

(1)   a better respect for the right to information for minors arriving by air, in particular a better welcome in waiting zones (also known as “transit facilities”); for those arriving by land, organization of care within emergency provisions and development of an adapted administrative (similar to social assistance for children) and judicial care systems;

(2)   assistance, representation and advice to isolated foreign minors by permitting them to systematically and rapidly benefit from ad hoc administrators’ assistance, provision for which is made in the Parental Authority Act of 4 March 2002;

(3)   validation of the state of being a minor (as they often have no identification);

(4)   quality of rights between isolated foreign minors and others of the same age, in particular with regard to access to education and professional training;

(5)   in accordance with recommendations from the Council of Europe, the elaboration of a personalized life project with the young person and all the associative and institutional actors, especially permitting the young persons to benefit from a temporary residence permit whenever he or she has undertaken school education or qualifying professional training.

Finally, the Committee notes that the CRC is “deeply concerned at the situation facing unaccompanied children placed in the waiting zones of French airports and that the decision of placement cannot be challenged, that the legal requirement of the appointment of an ad hoc administrator is not systematically applied and that there is no psychological assistance available for children who are particularly vulnerable to exploitation. The Committee is also concerned that children are often returned, without a proper assessment of the conditions, to countries where they face risk of exploitation” (page 6, paragraph 24). The Committee requests the Government to provide information on the application of the recommendation made by the Children’s Defender as well as on any other measures taken to protect isolated foreign minors from the worst forms of child labour.

Article 8. International cooperation. Noting the absence of information in the Government’s report, the Committee encourages it to continue its international collaboration efforts in prohibiting and eliminating the worst forms of child labour. It also once again requests the Government to provide information on the cooperation measures established with the countries of origin of children in waiting zones who are obliged to return to their countries, particularly to facilitate their return to their families.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

In its report, the Government indicates that the worst forms of child labour covered by Article 3(a) to (c) of the Convention are formally prohibited and penalized by the Penal Code. It adds that action to combat these crimes and offences lies principally within the competence of the Ministries of the Interior and of Justice and that the information provided in reply to the comments made by the Committee therefore almost exclusively covers the application of Article 3(d) on hazardous types of work. The Committee hopes that in future reports, in addition to the replies provided on hazardous types of work, the Government will be in a position to gather the necessary information from the Ministries referred to above in reply to the comments made, and that it will supply information on Article 3(a) to (c) of the Convention and on any other provisions directly related to these worst forms of child labour.

Article 3. 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. The Committee noted in previous comments the provisions of the Penal Code prohibiting and penalizing procuring, the seeking of relations of a sexual nature from a young person engaging in prostitution and the fixing, recording or transmitting of the image or representation of a young person where that image or representation is of a pornographic nature (sections 225-5, 225-7, 225-12-1 and 227-23 of the Penal Code). The Committee notes with interest that Act No. 2006-399 of 4 April 2006 reinforcing the prevention and repression of violence within the couple or committed against young persons, establishes more severe penalties in cases where the offence of prostitution is committed in relation to a young person under 15 years of age and for the act of possessing or making available a pornographic image of a young person.

Article 4, paragraph 3. Revision of the list of hazardous types of work. The Committee notes the information provided by the Government in its report that the regulations on hazardous types of work prohibited for young workers under 18 years of age are to be revised in the near future. In this respect, the Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which contains a list of the types of work to be taken into consideration when determining hazardous types of work and identifying where they exist. It also draws the Government’s attention to Article 4, paragraph 3, of the Convention, which provides that the organizations of employers and workers concerned shall be consulted when the hazardous types of work are revised. The Committee requests the Government to provide information on any progress achieved in reforming the regulations on hazardous types of work prohibited for young workers under 18 years of age. It also requests the Government to provide information on the consultations held in this respect with employers’ and workers’ organizations.

Article 5. Monitoring mechanisms. Combating hidden forms of child labour. In its previous comments, the Committee noted that section L.324-12 of the Labour Code provides for cooperation between several State agencies to combat hidden forms of child labour. It observed that children engaged in hidden forms of child labour are particularly at risk of being exposed to types of work which may be harmful to their health, safety or morals and it requested the Government to provide information on the number of violations reported relating to hidden forms of work. The Committee notes that the Government has not provided any information in its report. The Committee requests the Government to provide information on the coordinated measures adopted by the various services to combat hidden forms of child labour, including an indication of the number of young persons under 18 years of age engaged in this type of activity and the violations reported.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted that, according to the report prepared by the joint information mission of the National Assembly on the various modern forms of slavery of 21 December 2001 (Report No. 3459 of 12 December 2001, page 7), the situation of certain young persons in France was a cause of “great concern”. The mission referred to young prostitutes walking the streets, children engaged in domestic work or in illicit workshops, and children taught to beg or steal. The mission added in its report that, throughout its hearings, its travels in France and abroad, and its experiences in the field, it had been able to gain an understanding of the scope of the phenomenon of slavery in France and the diversity of forms that it takes, and that it concluded that it was not being dealt with effectively. The Committee requested the Government to provide information on the measures adopted to combat the exploitation of young persons under 18 years of age in the following fields: prostitution, domestic work, work in illicit workshops, begging and slave labour. The Committee notes that the Government has not provided any information in this respect. It therefore once again requests the Government to provide information on the measures adopted to combat the following worst forms of child labour: prostitution, domestic work, work in illicit workshops, begging and slave labour.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from the worst forms of child labour. 1. Children of Chinese origin on the national territory. The Committee noted previously that the report of the joint information mission of the National Assembly on the various modern forms of slavery of 2001 (page 13) indicated that illegal immigrants were more likely not always enrolled in schools and more likely put to work, mainly in illicit production workshops, leather goods production, mechanical work and, more recently, in catering. This was particularly the case in respect of Chinese nationals present in France in 2001, of whom 75 per cent were illegal. The Committee encouraged the Government to take measures to ensure that Chinese children present in France have access to free basic education. The Committee notes the information provided by the Government in its report that it has implemented action programmes to bring to an end the worst forms of child labour. These action programmes are principally intended to ensure that children are enrolled in school. The Committee requests the Government to provide information on these programmes of action, with an indication of the measures adopted to ensure that Chinese children present in France get a free basic education and the measures to prevent them from being engaged in the worst forms of child labour.

2. System of protection and assistance. In its previous comments, the Committee noted that section 42 of the Act of 18 March 2003 on internal security provides that any person who is a victim of prostitution shall benefit from a system of protection and assistance, provided and coordinated by the administration in collaboration with the various social services. It also noted that section 43 of the Act of 18 March 2003 supplements section L.345-l of the Code of Social Action and Families by providing that places in social integration and shelter centres shall be open to victims of the trafficking of human beings under conditions which instil a sense of security. The Committee requested the Government to provide information on the protection and assistance measures adopted for persons under 18 years of age who are victims of prostitution and for child victims of trafficking who are in social integration and shelter centres. It notes that the Government has not provided any information on this subject. The Committee therefore once again requests the Government to provide information on the protection and assistance measures adopted benefiting young persons under 18 years of age who are victims of prostitution or trafficking and on the measures taken for the rehabilitation and social integration of children removed from these worst forms of child labour.

Clause (d). Identification of children at special risk. 1. Child victims of Internet pornography. In its previous comments, the Committee noted that the report of the joint information mission of the National Assembly on the various modern forms of slavery (page 124) indicated that “in so far as combating networks for the trafficking of human beings and in the field of sexual Internet crime and child pornography in particular, traditional methods of police investigation are no longer adequate. Indeed these new, fluctuating and underground forms of criminality require new and more effective policing methods which must facilitate the establishment of proof of such crimes, a task which is particularly delicate at the present time.” The Committee requested the Government to indicate whether it envisaged taking measures to ensure the effective implementation and enforcement of the national provisions protecting young persons under 18 years of age from trafficking, sexual Internet criminality and child pornography. It notes that the Government has not provided any information on this subject in its report. As Act No. 2006-399 of 4 April 2006 strengthening the prevention and penalization of violence within the couple or committed against young persons reinforces the legal provisions respecting prostitution and pornography involving young persons under 18 years of age, the Committee requests the Government to provide information on the measures adopted to ensure effective implementation and compliance with the national provisions in these fields.

2. Child parking meter thieves. The Committee noted previously that, according to the report of the joint information mission of the National Assembly on the various modern forms of slavery (pages 13 and 17), young persons, essentially of Romanian origin, have been used by adults since the beginning of 2000 to steal from parking meters. These children are forced to bring back a minimum daily sum under the menace of being beaten and only receive a very small proportion of their booty to live and eat. The report stated that, although the numbers are uncertain, they are estimated at around 140 by the police and nearly 300 according to certain press articles. The arrests made by the police services were not sufficient to destroy the network. Furthermore, the report noted that the replacement in Paris of coin parking meters by parking meters using cards had resulted in a “recycling” of some of these young Romanians, who are now obliged to prostitute themselves. The Committee encouraged the Government to establish a time-bound programme to improve the situation of these children. Noting the absence of information on this subject in the Government’s report, the Committee requests the Government to provide information on the measures adopted to improve the situation of these children.

Article 8. International cooperation. The Committee notes the information contained in the Government’s initial report on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC/C/OPSC/FRA/1 – to be examined by the Committee on the Rights of the Child at its session in September/October 2007), on the assistance and international cooperation measures and the specific measures adopted for young persons in transit facilities. The Committee encourages the Government to continue its international collaboration efforts to contribute to the prohibition and elimination of the worst forms of child labour. It also requests the Government to provide information on the cooperation measures established with the countries of origin of children in transit facilities who are obliged to return to their countries, particularly to facilitate their return to their families.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided by the Government in its first and second reports. It requests the Government to provide information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a) All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. The Committee notes with interest that Act No. 2003-239 of 18 March 2003 amended section 225-4-1 of the Penal Code through the introduction of a provision prohibiting the trafficking of human beings, and particularly young persons under 18 years of age. Under section 225-4-1 of the Penal Code, the trafficking of human beings is the act, in exchange for remuneration or any other advantage, or for a promise of remuneration or advantage, of procuring, transporting, transferring, lodging or receiving a person with a view to placing that person at the disposal of a third party, even where the latter is not identified, with a view to aiding and abetting the crimes of procuring, aggression or sexual offences against such a person, the exploitation of begging, the imposition of working or living conditions undermining dignity, or compelling that person to commit any crime or offence.

 2. Slavery, forced or compulsory labour. The Committee notes that the act of obtaining from a person, whose vulnerability or dependency is apparent or known to the perpetrator, the provision of services that are unpaid or in exchange for retribution that is manifestly unrelated to the importance of the work performed constitutes an offence (section 225-13 of the Penal Code). Section 225-14 of the Penal Code provides that the act of subjecting a person, whose vulnerability or dependence is apparent or known to the perpetrator, to working or living conditions incompatible with human dignity constitutes an offence. The Committee notes that, for the application of sections 225-13 and 225-14, young persons and persons who have been the victims of the acts described by these provisions upon their arrival on the French territory are considered to be persons who are vulnerable or in a situation of dependence (section 225-15-1 of the Penal Code). Penalties are aggravated in cases where the above offences are committed in relation to minors (section 225-15 of the Penal Code). The Committee notes that the term "minors" refers, in French law, to persons aged under 18 years (Act of 5 July 1974).

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes the absence of information in the Government’s report on this point. However, the Committee notes that procuring is prohibited, and that the penalty incurred is increased when the offence is committed in relation to a young person (sections 225-5 and 225-7 of the Penal Code). Procuring is the act, by any person in any manner whatsoever, of: (1) helping, assisting or protecting the prostitution of a third person; (2) drawing benefit from the prostitution of a third person, sharing the profits or receiving payments from a person habitually engaging in prostitution; or (3) procuring, removing or deceiving a person with a view to prostitution or exerting pressure so that such person engages in prostitution or continues to do so (section 225-5). The Committee also notes that the Penal Code provides for a specific offence where any person seeks, accepts or obtains, in exchange for remuneration or a promise of remuneration, relations of a sexual nature with a young person engaging in prostitution, even on an occasional basis (section 225-12-1). Furthermore, the Committee notes that this provision also applies to acts committed abroad by a French national or a person habitually residing on French territory (section 225-12-3 of the Penal Code). The Committee requests the Government to provide information on the application of these provisions in practice, including the number of persons prosecuted for seeking, accepting or obtaining, in exchange for remuneration or a promise of remuneration, relations of a sexual nature with a young person engaged in prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that the Government has not provided any information on this point. The Committee nevertheless notes that the act, with a view to its dissemination, of fixing, recording or transmitting the image or representation of a young person if that image or representation is of a pornographic nature constitutes an offence (section 227-23 of the Penal Code). The Act of disseminating such an image or representation, by any means whatsoever, of importing or exporting it, or causing it to be imported or exported, also constitutes a penal offence.

Clause (c). Use, procuring or offering of a child for illicit activities. 1. The use, procuring or offering of a child for the production and trafficking of drugs. The Committee notes the Government’s indications that the Labour Code does not contain provisions relating to the procuring of children for the production and trafficking of drugs. However, it notes that section 227-21 of the Penal Code provides that the act of directly inciting a young person to commit a crime or a breach of the law constitutes an offence. The Penal Code classifies the following acts as offences: the illicit production or manufacture of drugs (section 222-35); illicit importing or exporting (section 222-36); and the illicit transport, possession, offering, cession, acquisition or use of drugs (section 222-37). The Committee also notes that under section 227-18-1 of the Penal Code, the act of directly inciting a young person to transport, possess, offer or sell drugs is prohibited.

2. Use, procuring or offering of a child for begging. The Committee notes the communication of the CFDT, dated 6 October 2003, which draws the Government’s attention to the situation of children who are forced to engage in begging, particularly in Paris and regional capitals. The Committee notes with interest the establishment, by means of the Act of 18 March 2003 (section 225-12-5 of the Penal Code), of the prohibition of exploiting begging by others. The exploitation of begging is the act by any person in any manner whatsoever of: (1) organizing begging by other persons with a view to profit; (2) gaining profit from begging by others, sharing the produce or receiving payments from a person habitually engaged in begging; (3) engaging, removing or deceiving a person with a view to engaging in begging, or exerting pressure on such person to beg or continue to do so; (4) engaging, removing or deceiving a person for the purposes of personal enrichment with a view to such person engaging in the provision of a service in return for a gift on the public thoroughfare. The Committee notes that the penalty incurred is increased if the offence is committed in relation to a young person (section 225-12-6 of the Penal Code).

Clause (d). Hfazardous work. The Committeenotes that section L.234-3 of the Labour Code provides that, in establishments referred to in section L.200-1 which are unhealthy or hazardous or in which the worker is exposed to operations or residues that are harmful to her or his health, young workers and apprentices under 18 years of age may only be employed under specific conditions determined for each of these categories of workers by decrees issued by the Council of State. The Committee notes that under section L.200-1 of the Labour Code, section L.234-3 applies to industrial and commercial establishments and their subsidiaries, of any nature, whether public or private, lay or religious, even if their vocation is vocational training or welfare, to public and ministerial offices, the liberal professions, occupational unions and associations of any nature whatsoever. These provisions are also applicable to agricultural establishments (section 234-6) and establishments in which only members of the family are employed under the authority of the father, mother or guardian, even if such establishments exercise their activity on the public thoroughfare. The Committee also notes that homeworkers benefit from the provisions of laws and regulations applicable to employees (section L.721-6).

Article 4, paragraph 1. Determination of types of hazardous work. The Committee notes that the Labour Code contains a very detailed list of the types of work prohibited for young persons under 18 years of age. By way of illustration, it notes that it is prohibited to employ young workers under 18 years of age in: (a) the production, maintenance and sale of printed works, posters, drawings, engravings, paintings, emblems, images and other objects of which the sale, offer, exhibition, posting and distribution are suppressed by penal laws as being contrary to morality (section R.234-2); (b) the repair during operation of machines, mechanisms or devices (section R.234-11); (c) work involving the use of chisels, presses of any type, cutting tools, other than those powered by the strength of the operator her or himself (section R.234-12(1)); the work of feeding mechanical saws, machines with cylinders and crushing devices that are in operation (section R.234-12(2)); (d) on building and public works sites, including those in an agricultural establishment; (e) work at heights of any nature, unless their aptitude for such work has been medically certified (section R.234-18); (f) demolition work, the digging of underground galleries, terracing in narrow and deep excavations and work in sewers (section R.234-18 of the Labour Code); and (g) the operation of any general equipment for production or the powering of a workshop or a series of electrical machines or equipment (section R.234-19). The Committee also notes that under section R.234-20 of the Labour Code, it is prohibited to employ young workers under 18 years of age in the manufacture or handling of certain substances, such as acids, chlorine, mercury, explosives or in work involving exposure to radioactivity. Young workers are not allowed to work in zoos or parks containing wild or poisonous animals or in slaughterhouses (section R.234-20 of the Labour Code). The Committee further observes that under section R.711-1 of the Labour Code, young workers under 18 years of age may in no case be allowed to remain in underground worksites in mines and quarries which, by reason of their natural characteristics, require the permanent application of specific health and safety measures and which are set out in the ministerial order envisaged under section R.711-5. The Committee requests the Government to provide a copy of the ministerial order setting out the list of types of employment and jobs referred to in section R.711-1 of the Labour Code.

The Committee notes that section 114 of the Maritime Labour Code specifies the types of work which are prohibited for seafarers under 18 years of age. The latter may not be employed on work in relation to boilers, tanks or holds, nor in machine compartments in which the high temperatures may constitute a danger to health.

Article 4, paragraph 2. Identification of where types of hazardous work exist. The Committee notes that the Government’s report does not provide any information on this point. The Committee recalls that Article 4, paragraph 2, of the Convention provides that the competent authority, after consultation with the organizations of employers and workers concerned, must identify where the types of hazardous work exist. The Committee requests the Government to indicate the measures adopted or envisaged to identify, after consultation with the organizations of employers and workers concerned, where the types of work so determined exist.

Article 5. Monitoring mechanisms. 1. Occupational medicine. The Committee notes that, under sections R.241-48 and R.241-50 of the Labour Code, any employee under 18 years of age, including in the agricultural sector (section 30 of Decree No. 82-397 of 11 May 1982), shall undergo a medical examination before engagement. The medical examination is intended to ensure that the employee is medically apt for the job to which the head of the establishment intends to assign her or him, and where appropriate to propose adaptations of the job or assignment to another job. The Committee also notes that the occupational physician is empowered to propose arrangements relating to the job or the conditions in which it is carried out on the grounds of age, physical strength or the state of health of officials of the national (section 26(1) of Decree No. 82-453 of 28 May 1982) and territorial public service (section 24 of Decree No. 85-603 of 10 June 1985).

2. Labour inspection. The Committee notes that labour inspectors are responsible for ensuring the application of the provisions of the Labour Code and of uncodified laws and regulations relating to labour conditions (section L.611-1 of the Labour Code). They are also responsible for reporting violations of the provisions of the Penal Code relating to the exploitation of the labour of persons under 18 years of age (sections 225-13 to 225-15-1 of the Penal Code). Inspectors may enter any workplace to which the labour legislation is applicable for the purpose of carrying out the inspections and investigations entrusted to them (section L.611-8 of the Labour Code). They may also enter the premises in which homeworkers carry out their work. However, in cases where work is carried out in premises that are inhabited, the inspectors first have to obtain the authorization of the occupants. They may also remove for purposes of analysis any samples of the materials used and the products distributed or used in the workplaces inspected. Labour inspectors may require employers and persons engaged in workplaces covered by the Labour Code to provide justification of their identity and their address. They may require the production of any documents prescribed by the Labour Code (section L.611-9). The Committee notes that labour inspectors may require a medical examination of any young persons over 16 years of age engaged in the above establishments with a view to ascertaining that the work assigned to them does not exceed their strength (section L.211-2). The Committee requests the Government to provide information on the activities of the labour inspectorate, in particular with regard to violations of the national legislation giving effect to the Convention. It also requests the Government to provide copies of reports or documents prepared by the labour inspectorate.

3. French Council of Associations for the Rights of the Child (COFRADE). The Committee notes the Government’s indication in its report to the Committee on the Rights of the Child (CRC/C/65/Add.26, 9 October 2003, paragraph 21), that COFRADE has set itself the objectives of verifying the conformity of the legislation relating to the rights of the child, analysing the underlying causes of infringements of children’s rights and formulating proposals to remedy them. COFRADE groups together 120 associations working for the respect and promotion of the rights of the child. In 1988, it issued several recommendations relating to education and child labour which, according to the Government’s indications to the Committee on the Rights of the Child, have been examined carefully. In this respect, COFRADE expressed the hope that "the legislation would be applied rigorously in respect of illegal forms of child labour, in illicit workshops, begging, minor forms of street work, the sale of drugs and prostitution" (report No. 871 of the National Assembly, Commission of Inquiry on the Situation with regard to the Rights of the Child in France, T.II, hearings, 6 May 1998, page 8).

4. Enhanced cooperation to combat hidden forms of child labour. Noting that children engaged in hidden forms of child labour are particularly at risk of being engaged in types of work which may be harmful to their health, safety or morals, the Committee notes with interest that section L.324-12 of the Labour Code provides for cooperation between several state agencies to combat hidden forms of child labour. Officers of the criminal police, officials of the General Directorate of Taxation and the General Directorate of Customs, sworn officials of social security institutions and agricultural mutual benefit funds, labour inspectors, officials responsible for maritime affairs, officials of the technical civil aviation services and state officials responsible for supervising land transport are responsible for enforcing compliance with the provisions of the Labour Code respecting hidden forms of work. They may require the production of documents proving the registration of the enterprise, estimates, order forms and invoices. The officials of social security institutions and of the General Directorate of Taxation are empowered to hear, with their consent, any person paid by the employer or a self-employed worker to ascertain the nature of her or his activities, conditions of employment and respective level of remuneration (section L.324-12 in fine). The Committee requests the Government to provide information on the number of violations reported relating to hidden forms of work and the information obtained concerning the engagement of young persons under 18 years of age in this type of activity.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication in its report that a major reform to strengthen the protection of young persons at work is under preparation. This reform will involve, among other measures, the deletion of several obsolete provisions of the Labour Code. The Committee also notes that, according to the report prepared by the joint information mission of the National Assembly on the various modern forms of slavery, of 21 December 2001 (page 7), the situation of young persons appeared to the mission to be a cause of "great concern". The mission refers to young prostitutes walking the streets, children engaged in domestic work or in illicit workshops, and children taught to beg or steal. The mission adds in its report that, throughout its hearings, its travels in France and abroad, and its experiences in the field, it was able to gain an understanding of the scope of the phenomenon of slavery in France and the diversity of the forms that it takes, and that it concluded that it was not being dealt with effectively. The Committee requests the Government to provide information on the progress made in the reform to strengthen the protection of young persons at work. It also requests the Government to indicate whether the reform is intended to strengthen measures to combat the exploitation of young persons under 18 years of age in the following fields: prostitution, domestic work, work in illicit workshops, begging and slave labour.

Article 7, paragraph 1. Penalties. The Committee notes that the act of obtaining from a young person under 18 years of age the provision of unpaid services or in exchange for a return that is manifestly unrelated with the significance of the work performed is punishable by seven years of imprisonment and a fine of 200,000 euros (section 225-15(2) and 225-13 of the Penal Code). A similar penalty is applicable to anyone who subjects a person, whose vulnerability or state of dependence are apparent or known to the perpetrator, to working conditions that are incompatible with human dignity (section 225-14 of the Penal Code). The Committee notes that any person who violates the provisions of section 225-4-1 of the Penal Code prohibiting the trafficking of human beings is liable to a sentence of imprisonment of seven years and a fine of 150,000 euros. The penalty is increased to ten years’ imprisonment and a fine of 1,500,000 euros where the crime is committed against a young person (section 225-4-2).

The Committee notes that procuring, when committed in relation to a young person, is punishable by ten years of imprisonment and a fine of 1,500,000 euros (sections 225-5 and 225-7 of the Penal Code). It also notes that any person who seeks, accepts or obtains, in exchange for remuneration or a promise of remuneration, relations of a sexual nature from a young person engaged in prostitution is liable to three years of imprisonment and a fine of 45,000 euros (section 225-12-1 of the Penal Code, introduced by Act No. 2003-239 of 18 March 2003). The Committee notes that under section 227-3 of the Penal Code, with a view to its dissemination, of fixing, recording or transmitting the image or representation of a young person where such image or representation is of a pornographic nature is punishable by three years’ imprisonment and a fine of 45,000 euros. A sentence of an identical level is applicable for the dissemination, import or export of such images or representations.

The Committee notes that the act of directly inciting a young person to commit a crime or offence (including the production, manufacture, import or export and illicit transport of drugs) is punishable by five years of imprisonment and a fine of 150,000 euros (section 227-21 of the Penal Code). The Committee also notes that the exploitation of begging, when this involves a young person, is punishable by five years of imprisonment and a fine of 75,000 euros (sections 225-12-5(d) and 225-12-6 of the Penal Code).

The Committee observes that under section 8 of the Code of Penal Procedure, the period after which public action for offences committed against young persons is out of time is ten years; this period begins to run only when the victim attains maturity.

The Committee also notes that violations of the provisions respecting the types of work that are prohibited for young workers under 18 years of age (sections L.234-1 and R.234-2 et seq. of the Labour Code) are punishable by a maximum fine of 1,500 euros (section R.236-1 in conjunction with section L.131-13 of the Labour Code).

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. 1. Children’s social assistance service. The Committee notes that section L.221-1 of the Code of Social Action and Families (as amended by Act No. 2002-2 of 2 January 2002) establishes the children’s social assistance service. The functions of this service are to: (a) provide material, educational and psychological support to young persons confronted with social difficulties likely to seriously jeopardize their equilibrium; (b) organize, in locations where there is a risk of social maladjustment, collective action to prevent marginalization and facilitate the social integration and promotion of young persons and families, particularly in sensitive urban areas; (c) undertake urgent action to protect young persons confronted with social difficulties likely to seriously jeopardize their equilibrium; and (d) provide for all the needs of young persons entrusted to the service and offer guidance, in collaboration with their family or legal representative. The Committee requests the Government to provide information on the impact of the programmes of action carried out by the children’s social assistance service in preventing the engagement of children in the worst forms of child labour.

2. The trajectory of access to employment. The Committee notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/65/Add.26, 9 October 2003, paragraph 50), the TRACE (Trajectory of Access to Employment) programme was set up in 1998. The programme is geared to young persons over 16 years of age who have left the school system without any qualifications and who are unable to obtain work or training. The young persons concerned are provided with additional personalized guidance to help them find their way towards a job over a period of up to 18 months. The Government indicates that the programme has resulted in the integration of 95,000 young persons, including 60,000 in 2000. The Committee requests the Government to continue providing information on the impact of the TRACE programme.

3. Access to free basic education. The Committee notes that education is compulsory and free for children of both French and foreign nationality between the ages of 6 and 16 years (section L.131-1 of the Education Code). It also notes that the failure of parents (or those exercising parental authority) to enrol a child in an educational establishment, without a valid excuse, and despite a formal notification to do so by the school inspector, constitutes an offence (section 227-17-1 of the Penal Code, as amended in 2000).

4. Priority education areas. The Committee notes the establishment, as of 1989 (orientation Act of 10 July 1989, supplemented by the Circulars of 31 October 1997 and 10 July 1998), of priority education areas (ZEP) to address the high concentration in certain areas of pupils living in an underprivileged socio-economic and cultural environment, which has a negative impact on their school results and therefore in the long term on their opportunities for social and vocational integration. Schools located in priority education areas are offered additional teachers and educational credits. The Government indicates in its report to the Committee on the Rights of the Child (CRC/C/65/Add.26, paragraph 357) that in 1997 over 1 million pupils were enrolled in schools in priority education areas.

5. Access to basic education for Chinese children present on the national territory. The Committee notes that the report of the joint information mission of the National Assembly on the various modern forms of slavery of 2001 (page 13) indicates that the Chinese children residing in France are still not enrolled at school. The report notes that this risk is greater for exploited young persons who have entered the country illegally. They do not have access to the French school system and are put to work, mainly in illicit production workshops, leather goods production, mechanical work and, more recently, in catering. According to the mission, some 120,000 Chinese nationals are present in France, of whom around 75 per cent are illegal. The Committee encourages the Government to establish a time-bound programme to ensure that Chinese children present on the national territory have access to free basic education.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes that section 42 of the Act of 18 March 2003 respecting internal security provides that any person who is a victim of prostitution shall benefit from a system of protection and assistance, provided and coordinated by the administration in collaboration with the various social services. The Committee requests the Government to provide additional information on the protection and assistance measures benefiting persons under 18 years of age who are victims of prostitution.

The Committee notes that section 43 of the Act of 18 March 2003 supplements section L.345-1 of the Code of Social Action and Families by providing that places in social integration and shelter centres shall be open to victims of the trafficking of human beings under conditions which instil a sense of security. Persons experiencing serious difficulties, particularly of an economic nature or relating to housing, health or integration, may also be accepted in social integration and shelter centres with a view to helping them attain or recover their individual and social independence. The Committee requests the Government to indicate whether child victims of trafficking are currently placed in such social integration and shelter centres and to provide information on these victims, including their numbers, age and country of origin.

Clause (d). Children at special risk. 1. Child victims of Internet pornography. The Committee notes that the joint information mission of the National Assembly on the various modern forms of slavery (report No. 3459 of 12 December 2001, page 124) indicates that "in so far as combating networks for the trafficking of human beings, and in the field of sexual Internet crime and child pornography in particular, traditional methods of police investigation are no longer adequate. Indeed, these new, fluctuating and underground forms of criminality require new and more effective policing methods which must facilitate the establishment of proof of such crimes, a task which is particularly delicate at the present time". The Committee requests the Government to indicate whether it envisages taking measures to ensure the effective implementation and enforcement of the national provisions protecting young persons under 18 years of age from trafficking, sexual Internet criminality and child pornography.

2. Child parking meter thieves. The Committee notes that, according to the indications of the joint information mission of the National Assembly on the various modern forms of slavery (report No. 3459 of 12 December 2001, pp. 13 and 17), young persons, essentially of Romanian origin, have been used by adults since the beginning of 2000 to steal from parking meters. These children are forced to bring back a minimum daily sum under the menace of being beaten and only receive a very small proportion of their booty to live and eat. The report states that, although the numbers are uncertain, they are estimated at around 140 by the police and nearly 300 according to certain articles in the press. The arrests made by the police services have not been sufficient to destroy the network. Furthermore, the report notes that the replacement in Paris of coin parking meters by parking meters using cards has resulted in a "recycling" of some of these young Romanians, who are now obliged to prostitute themselves. The Committee encourages the Government to establish a time-bound programme to improve the situation of these children.

Clause (e). Special situation of girls. The Committee notes that the Government’s report does not contain information on this point. The Committee requests the Government to provide information on the measures adopted or envisaged to take account of the special situation of girls in the context of the elimination of the worst forms of child labour, in accordance with Article 7, paragraph 2(e), of the Convention.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the absence of information in the Government’s report on this point. However, it notes that certain national institutions under the Ministry of the Interior are responsible in the fields covered by the Convention: the Central Office for the Repression of the Trafficking of Human Beings and the Central Office for the Repression of Irregular Immigration and the Illegal Employment of Foreign Nationals. The Committee requests the Government to provide information on the authority or authorities responsible for the implementation of the provisions giving effect to the Convention.

Article 8. Enhanced international cooperation and/or assistance. 1. Regional cooperation. The Committee notes that France is a member of the European Judicial Network, the objective of which is to facilitate the execution and coordination of requests for mutual assistance concerning the most serious criminal matters. It is also intended to make available to all magistrates in the European Union a legal and operational source of documents and a telecommunications network adapted to the rapid and secure circulation of information between its members.

2. International cooperation. The Committee notes that France is a member of Interpol, which facilitates cooperation between the countries of the region, particularly through the exchange of information enabling them to combat the trafficking of children more effectively. The Committee further notes that, according to the report of the joint information mission of the National Assembly (page 104), international cooperation between France and certain countries of origin of the victims of trafficking appears to have developed since 1999. The Committee requests the Government to provide information on this cooperation, and particularly the results obtained in combating the trafficking of children and Internet pornography involving persons under 18 years of age.

The Committee also observes the Government’s indication in its report to the Committee on the Rights of the Child (CRC/C/65/Add.26, 9 October 2003, paragraphs 83, 84 and 86), that France contributes to the United Nations Children’s Fund (UNICEF). The Government specifies that, following the Stockholm Congress and the International Conference on Child Labour of 1997, France stepped up its efforts to help countries seeking to take action against these scourges. It has since focused its endeavours on supporting street children and combating the sexual exploitation of children. Numerous initiatives were undertaken in 1997 in these two fields in the Philippines, Sri Lanka, Bosnia and Herzegovina, Madagascar, Viet Nam and Brazil. The Committee also notes that in 2002-03 France participated in various programmes undertaken by ILO/IPEC, including regional programmes in Africa (Benin and Burkina Faso) and interregional programmes (Lao People’s Democratic Republic, Lebanon, Madagascar, Mali, Morocco, Niger and Togo). The Committee requests the Government to continue providing information on cooperation measures to combat the trafficking of children for sexual exploitation and the exploitation of their labour, and the results achieved.

Part III of the report form. The Committee notes the Government’s indication in its report that no court decisions involving questions of principle relating to the application of the Convention have been handed down. The Committee requests the Government to indicate any decisions by courts of law involving questions of principle relating to the application of the Convention.

Part V. The Committee notes the Government’s indication in its report that the "national sickness insurance fund for employees establishes each year a summary of the employment accident statistics for workers covered by the General Social Security Scheme". The latest data available are for 2001. They show 47,515 work-related accidents involving absences from work among workers under 20 years of age, of which 903 gave rise to recognition of permanent incapacity; 16 deaths were reported. The Committee requests the Government to provide statistics on the nature, extent and trends of the worst forms of child labour and on the number and nature of the infringements reported, investigations, prosecutions, convictions and penal sanctions applied.