Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee notes that, according to the Statistical Report on Trafficking in Persons in Chile 2011–22, prepared by the Intersectoral Forum on Trafficking in Persons: (1) during the period 2020–22, 19 cases were brought for the crime of trafficking in persons (eight for trafficking for sexual exploitation and 11 for trafficking for labour exploitation), covering a total of 80 victims; (2) between 2011 and 2022, of the 347 victims of trafficking identified, 10 per cent were children and young persons, of whom 91 per cent (30 victims) were female and 9 per cent (3 victims) were male; and (3) of all the children identified, 55 per cent (18 victims) were victims of trafficking for sexual exploitation and 45 per cent (15 victims) were trafficked for labour exploitation.

While taking due note of this data, the Committee observes that: (1) the data on the number of child victims of trafficking is not disaggregated by year, which prevents the identification of the number of child victims identified between 2020 and 2022; and (2) there is no indication of the number of penalties which involved victims under the age of 18 years. The Committee therefore once again requests the Government to provide detailed and specific information on: (i) the number of children who have been victims of trafficking for sexual and labour exploitation; and (ii) the number of investigations carried out, prosecutions and penalties imposed in relation to the trafficking of young persons under the age of 18 years.

Clause (b). Use, procuring or offering of children for prostitution, the production of pornography or pornographic performances. The Committee notes that, according to the information provided by the Government in its report, Act No. 21,522 of 30 December 2022 and Act No. 21,430 of 15 March 2022 have been adopted.

It notes with interest that, in accordance with Act No. 21,522, the following amendments have been made to the Penal Code: (1) the amendment of section 367 to prohibit the promotion or facilitation of the sexual exploitation of minors, defined as: “the use of a person under 18 years of age to commit a sexual act or an act of a sexual nature in exchange for any type of recompense for the victim or a third person”, with the imposition of a sentence of imprisonment with a higher minimum level for this crime; (2) the amendment of section 367ter to extend the scope of the crime through the inclusion of any sexual act in relation to persons under 18 years of age (it was previously restricted to young persons between the ages of 14 and 18 years) in exchange for any type of recompense; and (3) the addition of section 367quater, which establishes the penalty of ordinary imprisonment at the maximum level for any person who markets, imports, exports, distributes, disseminates or exhibits material that is pornographic or on the sexual exploitation of persons under 18 years of age. The same penalty is established for any persons who participate in the production of material that is pornographic or involves the sexual exploitation of minors, while any persons who store or acquire this type of content shall be liable to ordinary imprisonment at the medium level.

The Committee also notes that Act No. 21,430 establishes the Comprehensive System of Guarantees for the Protection of the Rights of Children and Young Persons, which in section 37 explicitly prohibits the commercial sexual exploitation of children, defined as “the use of boys, girls and young persons for the sexual satisfaction of adults in exchange for remuneration in cash or in kind for the children and young persons, or third parties”. Section 37 also provides that commercial sexual exploitation constitutes “a form of coercion and violence against children and young persons and a contemporary form of slavery”. This section also sets out the requirement for the State to adopt measures to combat tolerance of sexual exploitation, the purchase of children and young persons in public spaces, intermediaries, the production of child pornography, the promotion of sexual tourism, the trafficking of minors for sexual and commercial purposes and the impunity of national and foreign sexual exploiters. The Committee requests the Government to provide information on: (i) the application in practice of new section 367 of the Penal Code, including the number of violations reported, convictions and penalties imposed for the commercial sexual exploitation of children; (ii) the number of boy and girl victims of commercial sexual exploitation; and (iii) the application in practice of Act No. 21,430 in terms of the measures adopted to combat the commercial sexual exploitation of children.

Clause (d) and Article 4(3). Determination of types of hazardous work. In its previous comments, the Committee noted of the adoption of Decree No. 1 of 2021, which regulates Article 15 of the Labour Code, establishing the activities considered hazardous. It also noted that, in accordance with paragraph 5 of Article 15, this regulation must be evaluated every four years. In this regard, the Committee requests the Government to provide information on the evaluation and possible updating of the Regulation derived from Decree No. 1.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and removing them from such forms of child labour, and ensuring their rehabilitation and social integration. Child victims of trafficking and commercial sexual exploitation. With reference to its previous comments, the Committee notes the information provided by the Government on the publication of Decree No. 7 of 30 May 2023 of the Ministry of Social Development and the Family, Subsecretariat for Children, approving the Regulations of Act No. 20,032 governing the specialized protection programmes to be developed for each means of action, their respective forms of intervention and the necessary provisions for the application of sections 3, 25, 29 and 30 of the Act. It notes that section 1 of the Decree provides that the Regulations shall govern the specialized protection programmes of the National Service for the Specialized Protection of Children and Young Persons (the National Service), in accordance with section 18 of Act No. 21,302, of 30 September 2022, which sets out as means of action clinical diagnosis, outpatient interventions and alternative care, among others.

The Committee also notes the Government’s indication that: (1) the National Service retains responsibility for the implementation of specialized protection programmes for the commercial sexual exploitation of children and young persons, which deliver comprehensive interventions that not only cover children and young persons under 18 years of age who are victims of commercial sexual exploitation, but also their families and/or significant adults, who must be included in intervention procedures with a view to assessing and strengthening their capacities for protection; and (2) the National Service is required to denounce acts which may constitute crimes and which involve children and young persons as victims; and (3) 1,259 children received outpatient support interventions in 2022, and 1,512 in 2023. Moreover, 59 children received alternative care in 2022 and 69 in 2023.

The Committee also notes the information provided by the Government on the establishment of intersectoral mechanisms and various training and awareness-raising initiatives, including: (1) the Executive Secretariat of the Framework for Action against Sexual Exploitation, which coordinates intersectoral action focusing on the eradication of commercial sexual exploitation: (2) the Quadripartite Body to Address the Commercial Sexual Exploitation of Children and Young Persons (ECSNNA), which seeks to implement prevention and detection strategies in priority areas, such as Arica, Antofagasta and the Lakes; (3) the Intersectoral Body on Trafficking in Persons, which in 2023 updated the Interinstitutional Protocol on Support for Victims of Trafficking in Persons, with emphasis on children and young persons; (4) the training provided in 2023 to over 280 police officers and professionals in various regions, focusing on the detection and means of addressing cases of commercial sexual exploitation and trafficking; and (5) an interinstitutional campaign under the leadership of the National Tourism Service (SERNATUR) during the Pan-American Games in Santiago in 2023 to raise awareness of sexual exploitation in the context of travel and tourism.

The Committee further notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) of 31 October 2024, in which it refers to the implementation of the National Action Plan against Trafficking in Persons 2023–26 (CEDAW/C/CHL/CO/8, para. 5). It notes that, according to the Action Plan, one of its principal objectives is to develop strategies for prevention, awareness-raising, protection and assistance to victims, investigation and control of the crime, and intersectoral and international cooperation.

The Committee also notes that, in its concluding observations of 22 June 2022, the United Nations Committee on the Rights of the Child expressed concern at the abductions and procuring of girls in residential centres for sexual exploitation by organized crime groups (CRC/C/CHL/CO/6-7, para. 20). The Committee requests the Government to continue providing information on the number of child victims of trafficking and commercial sexual exploitation who have received assistance, and to ensure that this information includes the number of child victims who have been identified, removed from such situations and socially reintegrated, and the types of services from which they have benefited for their social reintegration. It also requests the Government to provide information on the measures adopted and results achieved: (i) within the framework of the National Action Plan against Trafficking in Persons 2023–26 to prevent children being victims of trafficking; and (ii) prevent the procurement of girls in residential centres by criminal groups for sexual exploitation including on the number of girls that have been removed, rehabilitated and socially integrated.

Clause (d).Children at special risk. Street children. The Committee notes the Government’s indications that the National Service has continued the implementation of special protection programmes for children and young persons in the streets. It notes that the objective of these programmes is to address the needs of minors who are in the streets by promoting interventions based on recovery from psychosocial harm, the development of their potential, the improvement of their quality of life and the strengthening of their capacity for resilience, as well as their families and/or responsible adults. In this regard, according to the data provided by the Government, the Committee notes that: (1) in 2022, there were a total of 604 outpatient recovery interventions for street children, rising to 652 interventions in 2023; (2) in 2022, a total of 127 street children were provided with alternative care, compared with 124 children in 2023; and (3) in 2022, 158 street children were provided with support by Offices for the Protection of Rights, with this figure falling to 146 in 2023.

The Committee further notes, according to information obtained from the website of the Ministry of Social Development and the Family, the implementation of the Street Children Network Programme, which consists of a circuit of specialized and integrated services in the national territory. This programme targets children and young persons under 18 years of age with a view to reducing the time spent in the streets and the provision of services such as accommodation, recreation centres, identification in the streets, psychosocial support and coordination at the national level. The Committee therefore requests the Government to continue providing information on: (i) the measures adopted, including within the context of the Street Children Network Programme and the specialized protection programmes, for the removal of children from the streets and to ensure their rehabilitation and social integration; and (ii) the impact of these measures, including the number of children removed from the streets and the types of necessary and direct assistance that they have received.

Article 8. International cooperation and assistance. The Committee notes the Government’s indications that: (1) within the framework of Alliance 8.7, a new road map has been prepared for the period 2022–25 with the aim of the elimination of child labour in all its forms around the year 2025; (2) Chile participated in the strategic workshop for Pathfinder Countries of Alliance 8.7, where good practices were shared to understand the situation and prospects relating to the eradication of child labour, trafficking in persons and forced labour; and (3) in 2023, Chile took over the presidency of Alliance 8.7 and the Regional Initiative Latin America and the Caribbean Free of Child Labour. The Committee requests the Government to continue its international cooperation efforts for the eradication of the worst forms of child labour and to continue providing information on the results achieved.