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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 7(2) of the Convention. Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted that the Action Plan to Fight Trafficking in Human Beings 2007–10 (2007–10 Action Plan) contained measures to protect child victims of trafficking, including the appointment of special representatives for these children and measures to help find their parents.

The Committee notes the Government’s indication in its report to the UN Committee on the Rights of the Child (CRC) of 22 January 2010 that all child victims of trafficking must be appointed a professional representative (such as a social worker) to safeguard their interests (CRC/C/DNK/4 paragraph 431). The Committee also notes the Government’s indication in this report that the Centre Against Trafficking was recently established for the improved and coordinated treatment of victims of trafficking while they stay in Denmark (CRC/C/DNK/4 paragraph 674). The Government indicates that the Centre Against Trafficking meets regularly with a network of relevant authorities and NGOs (including the police, the Ministry of Integration, the Ministry of Social Welfare, the Red Cross and the NGO Save the Children) to make sure that child victims of trafficking receive the best possible support during their stay, and in connection with their possible repatriation (CRC/C/DNK/4 paragraph 676). Regarding the removal of child victims from trafficking, the Committee further notes the information in the Government’s report to the CRC that the National Police is implementing a strategy to identify and prosecute the organizers of prostitution, and that this strategy facilitates the identification of the trafficking in under age victims of prostitution (CRC/C/DNK/4 paragraph 519). The Government indicates in this report that, through this strategy, police districts carry out proactive, systematic raids of prostitution rings, and that the police are highly aware that any minors identified during these raids must receive relevant support and guidance. In addition, the Government indicates that police are sensitive to the fact that any non-Danish under age persons without a residence permit who are engaging in prostitution are likely to be child victims of trafficking (CRC/C/DNK/4 paragraphs 524 and 525).

Lastly, the Committee notes the Government’s statement in its reply to the list of issues of the CRC of 5 January 2011 that an inter-ministerial working group is currently developing a new action plan as a follow-up to the 2007–10 Action Plan, which will address, among other things, child trafficking in the field of forced labour (CRC/C/DNK/Q/4/Add.1 paragraph 140). The Committee requests the Government to provide information on the impact of the measures taken, within the framework of the follow-up to the 2007–10 Action Plan, to combat the trafficking of persons under the age of 18, and on the results achieved.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the statistical information in the Government’s report from the Danish Working Environment Authority (DWEA). This information indicates that in 2008 and 2009, the DWEA issued three prohibitions, 193 improvement notices and 221 instructions. However, the Committee observes that this information does not indicate if any of these violations detected related to the worst forms of child labour, or if any other authorities detected any cases of these worst forms. In this regard, the Committee notes that the CRC, in its concluding observations of 4 February 2011, expressed concern that Denmark continues to be a significant transit and destination country for child victims of trafficking-related crimes, including forced child prostitution and labour. The Committee also notes the CRC’s statement that efforts to prosecute traffickers and persons subjecting children to forced labour and prostitution continue to require strengthening (CRC/C/DNK/CO/4 paragraph 61). In this regard, the Committee urges the Government to intensify its efforts to combat the worst forms of child labour in the country, including trafficking for the purposes of forced labour and prostitution. The Committee also requests the Government to take the necessary measures to ensure that sufficient up-to-date data on the worst forms of child labour is made available. In this respect, the Committee requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied related to the worst forms of child labour, along with its next report. To the extent possible, all information provided should be disaggregated by sex and age.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 7(2) of the Convention. Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. The Committee had previously requested the Government to provide information on the implementation of the Plan of Action to Combat Trafficking of Children and Young People, especially with regard to the measures to protect and recover child victims of trafficking. It also requested the Government to provide information on any progress towards the adoption of the new plan of action to combat trafficking. The Committee noted the Government’s information on the Action Plan to Fight Trafficking in Human Beings 2007–10 (2007–10 Action Plan). The Committee noted that the 2007–10 Action Plan focuses on four areas for action: strengthening investigation efforts in order to identify and bring traffickers to justice; supporting the victims of trafficking by improving social services in Denmark; preventing human trafficking by limiting demand; and increasing the population’s knowledge of these matters and preventing human trafficking by improving international cooperation including improving preventative work in the exporting countries. The Committee noted that 80 million Danish kroner (DKK) have been earmarked for the implementation of the initiatives of the 2007–10 Action Plan. The Committee also noted the copy of the status report of the 2007–10 Action Plan included with the Government’s report. The Committee noted in particular the sections outlining the measures taken to protect child victims of trafficking, including the appointment of special representatives for these children and measures to help find their parents. The Committee also noted the Government’s information on the establishment of the Danish Anti-Trafficking Centre which, in 2008, identified 72 victims or suspected victims of human trafficking. The Committee requests the Government to continue to provide information on programmes aimed at the elimination of child trafficking. The Committee also requests that the Government provide information on the number of children withdrawn from trafficking pursuant to the implementation of the Action Plan to Fight Trafficking in Human Beings 2007–10.

Parts IV and V of the report form. Application of the Convention in practice. The Committee took note of the detailed statistical data from the Danish Working Environment Authority provided in the Government’s report. In particular, it noted that, according to this data, from 2005 to May 2008, the Danish Working Environment Authority has reacted to 806 incidents relating to the violation of rules on young people’s work. According to this data, in 2006, there were 590 occupational accidents regarding young persons under 18 years, of which 482 affected persons between 16 and 17 years. The Committee noted the Government’s statement that from 2006 and 2007 there were eight criminal cases for the violation of health and safety guidelines for young workers. The Committee noted that this resulted in three judgements and the issuing of five fines outside the court system. The Committee also took note of the statistical data regarding the number of young persons with occupational employment disaggregated by age and gender. The Committee requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number and nature of infringements, investigations, prosecutions and convictions.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 7, paragraph 2, of the Convention. Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. The Committee had previously requested the Government to provide information on the implementation of the Plan of Action to Combat Trafficking of Children and Young People, especially with regard to the measures to protect and recover child victims of trafficking. It also requested the Government to provide information on any progress towards the adoption of the new plan of action to combat trafficking. The Committee notes the Government’s information on the Action Plan to Fight Trafficking in Human Beings 2007–10 (2007–10 Action Plan). The Committee notes that the 2007–10 Action Plan focuses on four areas for action: strengthening investigation efforts in order to identify and bring traffickers to justice; supporting the victims of trafficking by improving social services in Denmark; preventing human trafficking by limiting demand; and increasing the population’s knowledge of these matters and preventing human trafficking by improving international cooperation including improving preventative work in the exporting countries. The Committee notes that 80 million Danish kroner (DKK) have been earmarked for the implementation of the initiatives of the 2007–10 Action Plan. The Committee also notes the copy of the status report of the 2007–10 Action Plan included with the Government’s report. The Committee notes in particular the sections outlining the measures taken to protect child victims of trafficking, including the appointment of special representatives for these children and measures to help find their parents. The Committee also notes the Government’s information on the establishment of the Danish Anti-Trafficking Centre which, in 2008, identified 72 victims or suspected victims of human trafficking. The Committee requests the Government to continue to provide information on programmes aimed at the elimination of child trafficking. The Committee also requests that the Government provide information on the number of children withdrawn from trafficking pursuant to the implementation of the Action Plan to Fight Trafficking in Human Beings 2007–10.

Article 8. International cooperation and assistance. The Committee notes the information available on the web site of the Ministry of Foreign Affairs of Denmark that the Ministry is implementing a programme to combat human trafficking in Eastern Europe for the period 2009–11 with a total allocation of DKK29.5 million. The Committee notes that this programme focuses on Belarus, Ukraine and Moldova. The Committee further notes that, according to the Trafficking in Persons Report of 2008 for Denmark, available on the United Nations High Commissioner for Refugees web site (www.unchr.org), the Government contributed $800,000 in 2008 to assist and rehabilitate child victims of commercial sexual abuse in Thailand, Cambodia and Myanmar.

Parts IV and V of the report form. Application of the Convention in practice. The Committee takes note of the detailed statistical data from the Danish Working Environment Authority provided in the Government’s report. In particular, it notes that, according to this data, from 2005 to May 2008, the Danish Working Environment Authority has reacted to 806 incidents relating to the violation of rules on young people’s work. According to this data, in 2006, there were 590 occupational accidents regarding young persons under 18 years, of which 482 affected persons between 16 and 17 years. The Committee notes the Government’s statement that from 2006 and 2007 there were eight criminal cases for the violation of health and safety guidelines for young workers. The Committee notes that this resulted in three judgements and the issuing of five fines outside the court system. The Committee also takes note of the statistical data regarding the number of young persons with occupational employment disaggregated by age and gender. The Committee requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number and nature of infringements, investigations, prosecutions and convictions.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. The Committee had previously noted that the Government presented a new three-year Plan of Action (2003–06) on Combating Trafficking in Women, which focuses on support for the victims and preventive initiatives. It notes the Government’s information that a Plan of Action to Combat Trafficking of Children and Young People was launched in 2005 as an amendment to the Plan of Action to Combat Trafficking in Women. This Plan – which is a result of an increased awareness of the dangerous effects of trafficking on both the health and the welfare of children consists of: preventive measures; recovery and protection of victims, and prosecution. The Committee also notes the Government’s indication that currently a new plan is being drafted which includes experiences from the first Plan of Action. The Committee requests the Government to provide information on the implementation of the Plan of Action to Combat Trafficking of Children and Young People, especially with regard to the measures to protect and recover child victims of trafficking. It also requests the Government to provide information on any progress towards the adoption of the new plan of action to combat trafficking.

Parts IV and V of the report form. With reference to its previous comments, the Committee notes the Government’s information that, since 2001, trafficking in human beings, including children, has been among the crime areas targeted by national police monitoring carried out by the National Commissioner’s Investigative Support Centre (NEC). This systematic police monitoring includes a duty for the police districts to send reports to the NEC, providing all information they possess that may be of importance for combating the trafficking in human beings. The NEC gives high priority to investigations concerned with trafficking in human beings and, to this purpose, it has appointed a permanent team of investigators to provide support in this area. The Committee notes the Government’s information that all police districts have appointed contact police officers to deal with trafficking in human beings, in order to ensure efficient cooperation with the relevant social authorities and organizations. In March 2005, the national police held a seminar (attended by both the contact officers and representatives from social authorities and organizations), which focused on monitoring and analysis work, relevant investigations methods and international collaboration. The Committee also notes the Government’s information that, within the action to combat trafficking in human beings, the national police has employed an anthropologist, whose responsibilities include initiatives to foster collaboration between the law enforcement authorities and social service actors.

The Committee also notes the Government’s information that, regarding the offence of trafficking in human beings, until 1 July 2006 there were 13 charges leading to convictions. All such cases concerned trafficking in women for prostitution. According to the national police data, all victims except one (of 17 years) were over 18 years of age.

Finally, the Committee takes note of the detailed statistical data from the Danish Working Environment Authority provided in the Government’s report. In particular, it notes that, according to this data, from 2003 to 2005, the Danish Working Environment Authority has reacted to 656 incidents relating to the violation of rules on young people’s work. According to this data, in 2005, there were 566 occupational accidents regarding young persons under 18 years, of which 480 affected persons between 16 and 17 years. The Committee also takes note of the statistical data regarding the number of young persons with occupational employment disaggregated by age and gender. It notes that this number has fallen from 2003 to 2005, especially in the age group 15–17.

The Committee requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number and nature of infringements, investigations, prosecutions and convictions.

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

The Committee notes the Government’s report.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. The Committee had previously noted that the Government presented a new three-year Plan of Action (2003-06) on Combating Trafficking in Women, which focuses on support for the victims and preventive initiatives. It notes the Government’s information that a Plan of Action to Combat Trafficking of Children and Young People was launched in 2005 as an amendment to the Plan of Action to Combat Trafficking in Women. This Plan – which is a result of an increased awareness of the dangerous effects of trafficking on both the health and the welfare of children consists of: preventive measures; recovery and protection of victims, and prosecution. The Committee also notes the Government’s indication that currently a new plan is being drafted which includes experiences from the first Plan of Action. The Committee requests the Government to provide information on the implementation of the Plan of Action to Combat Trafficking of Children and Young People, especially with regard to the measures to protect and recover child victims of trafficking. It also requests the Government to provide information on any progress towards the adoption of the new plan of action to combat trafficking.

Parts IV and V of the report form. With reference to its previous comments, the Committee notes the Government’s information that, since 2001, trafficking in human beings, including children, has been among the crime areas targeted by national police monitoring carried out by the National Commissioner’s Investigative Support Centre (NEC). This systematic police monitoring includes a duty for the police districts to send reports to the NEC, providing all information they possess that may be of importance for combating the trafficking in human beings. The NEC gives high priority to investigations concerned with trafficking in human beings and, to this purpose, it has appointed a permanent team of investigators to provide support in this area. The Committee notes the Government’s information that all police districts have appointed contact police officers to deal with trafficking in human beings, in order to ensure efficient cooperation with the relevant social authorities and organizations. In March 2005, the national police held a seminar (attended by both the contact officers and representatives from social authorities and organizations), which focused on monitoring and analysis work, relevant investigations methods and international collaboration. The Committee also notes the Government’s information that, within the action to combat trafficking in human beings, the national police has employed an anthropologist, whose responsibilities include initiatives to foster collaboration between the law enforcement authorities and social service actors.

The Committee also notes the Government’s information that, regarding the offence of trafficking in human beings, until 1 July 2006 there were 13 charges leading to convictions. All such cases concerned trafficking in women for prostitution. According to the national police data, all victims except one (of 17 years) were over 18 years of age.

Finally, the Committee takes note of the detailed statistical data from the Danish Working Environment Authority provided in the Government’s report. In particular, it notes that, according to this data, from 2003 to 2005, the Danish Working Environment Authority has reacted to 656 incidents relating to the violation of rules on young people’s work. According to this data, in 2005, there were 566 occupational accidents regarding young persons under 18 years, of which 480 affected persons between 16 and 17 years. The Committee also takes note of the statistical data regarding the number of young persons with occupational employment disaggregated by age and gender. It notes that this number has fallen from 2003 to 2005, especially in the age group 15-17.

The Committee requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number and nature of infringements, investigations, prosecutions and convictions.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 3 of the Convention. Worst forms of child labour. Clause (b). The use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted the Government’s information that legislative reform concerning child pornography was expected to be proposed to Parliament in 2002-03. The Committee had asked the Government to provide information on any developments regarding this reform. The Committee notes the Government’s information that the legislative reform concerning child pornography was approved by Parliament in April 2003. It notes that, with the adoption of this Bill, the Optional Protocol to the Convention on the Rights of the Child on sale of children, child prostitution and child pornography was ratified on 24 July 2003. The Committee also notes the Government’s statement that, with these amendments, Danish legislation meets the obligations under the EU Framework Decision on combating the sexual exploitation of children and child pornography. It notes that, under the legislative reform, the maximum penalty provided by the Criminal Code for dissemination and possession of child pornography (section 235) as well as for the use of porn models under 18 years of age (section 230) was raised.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that, according to the Euphoriants Act of 1955 (sections 1 and 2) and the Criminal Code (section 191(1) and (2)), it is an offence to import, export, sell, purchase, manufacture or possess euphoriants or drugs, as well as to transfer drugs to a considerable number of persons, or in return of a large payment, or in any other aggravating circumstances. The Committee had asked the Government to provide information on whether the use, procuring and offering of a child in the commission of such offences would qualify as an aggravating circumstance. The Committee notes the Government’s information that, pursuant to section 81(8) of the Criminal Code, it must be considered an aggravating circumstance if the offender has made another person contribute to the offence by compulsion or deception, or by exploiting, among other things, the young age of that person. The Committee notes the Government’s statement that, according to section 23, the penalty in respect of an offence shall apply to any person contributing to the wrongful act by instigation, advice or action. Therefore, the procuring or offering of a child for an illicit activity can be punished under section 23, including cases of use, procuring and offering of a child for production and trafficking of drugs. The Committee takes due note of this information.

Clause (d). Hazardous work. The Committee notes the Government’s information that Order No. 516, of 14 June 1996, of the Ministry of Labour establishing the rules on young persons’ work, was replaced with effect from 16 April 2005 by Executive Order No. 239 of 6 April 2005. It notes with interest that, according to the Government’s information, section 11 of the New Executive Order of 2005 states that young persons under 18 shall not work with any of the technical equipments, plants or work processes indicated in Annex 1. Subsection (2) provides that young persons shall not be employed in work characterized by a corresponding level of danger, as mentioned in Annex 1. The Order also provides that "if young persons are to carry out manual push and pull work, special consideration must be taken of the young person’s age, sex and physique, and it must be ensured that the total load does not pose a safety and health risk, and the work must take place so that the force required overcome inertia or maintain motion". The Committee takes due note of this information and requests the Government to supply a copy of Order No. 239 of 2005.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s information that Annex 1 of New Order No. 239 of 6 April 2005 contains a list of the technical equipment which young persons under the age of 18 are not allowed to work with, such as tractors and motorized tools. It also notes the Government’s information that Annex 6, No. 10, contains a non-exhaustive list of work that can lead to other safety or health hazards and which young persons under 18 years of age are not allowed to carry out.

Article 4, paragraphs 2 and 3. Identification of hazardous work and examination and periodical revision of the list of hazardous work. The Committee had previously noted that the Working Environment Authority had submitted a proposal to readjust the present rules concerning young persons’ work, taking into account the handling of certain dangerous technical tools. The Committee had requested the Government to provide information on the adoption of the abovementioned proposal. The Committee notes the Government’s information that, as a result of the approval of the New Executive Order No. 239 of 6 April 2005, the rules regarding children and young persons’ use of tractors, motorized fodder trucks, and motorized lawn mowers have been tightened. Similarly, the rules have been tightened with regard to young persons’ work consisting in push and pull, providing for special safety and healthy conditions to be fulfilled for performing such kind of work. The Committee takes due note of this information.

Article 5. Monitoring mechanisms. The Committee had previously requested the Government to provide information on the functioning of any other mechanism than the National Working Environment Authority (NWEA) established for the monitoring of the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s statement that the Danish Working Environment Authority, from 1 January 2005, started screening all Danish enterprises with employees. The screening consists in short visits with the scope to assess whether the enterprise’s working environment is good or not. The Committee notes the Government’s information that the Authority will impose improvement notices, in cases in which it observes gross violations of the health and safety regulations, for example, with regard to child labour. In such cases, the Authority will intervene by imposing an immediate improvement notice, a prohibition notice, an administrative fine or reporting to the police. The police will then be informed in cases where the Authority has observed a violation of clear and known rules on a subject where there is documented risk of injury or danger to health. The screening project is expected to take seven years. The Committee also notes the Government’s information that, since 2000, trafficking in women has been systematically monitored by the National Commissioner of Police. All police districts must report all relevant information about trafficking to the National Commissioner of Police, for the purpose of gathering, registering and analysing the information. The Committee takes due note of this information.

Article 7, paragraph 1. Penalties. The Committee notes the Government’s exhaustive information on the number and types of penalties applied in 2003 concerning the offences of the Criminal Code relevant to this Convention, namely: five convictions concerning procuring (section 228); two regarding pimping (section 229); 76 relating to child pornography (section 235). In particular, after the entry into force of the legislative reform on child pornography in 2003, there have been seven final convictions of imprisonment concerning dissemination of child pornography (section 235(2)) and 28 final convictions relating to the possession of child pornography (section 235(1)).

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. The Committee notes the Government’s information that in 2000 a cross-ministerial working group was created with the purpose of developing initiatives to combat trafficking. In December 2002, the Government presented a new three-year Plan of Action (2003-06) on Combating Trafficking in Women, which focuses on support for the victims and preventive initiatives. The Committee also notes the Government’s information that specific activities have been implemented under the action plan, such as: a "safe house" for victims of trafficking offering counselling and medical treatment; an international network of more than 100 NGOs, in order to ensure that the victims can be received by an organization in their home country; teams of field workers outreaching work in the street and massage parlours; information material in 11 languages; a hot line; the creation of an embassy network, consisting of embassies from countries of origin. These embassies can work as bridge builders between the national authorities and the victims, as well as helping in practical arrangements with regard to home travel. Furthermore, a knowledge centre documenting and monitoring all activities has been established. The Committee also notes the Government’s statement that, since October 2003, 35 women stayed in the "safe house" and that more than 200 calls have been received on the hotline during the same period. The Committee notes the Government’s information that the police have focused on trafficking by appointing a focal point for trafficking in each police district (54 in total). A coordinator for trafficking is responsible for training the focal points and is the contact person between the NGOs and the police. The Government adds that the cross-ministerial working group is working on including initiatives to protect and support child victims of trafficking in the Plan of Action to Combat Trafficking in Women. Furthermore, the NGO "Tjek Punkt" provides for emergency housing and care for a small number of child victims of trafficking in Copenhagen, including foreign children under 15 years of age without a legal stay permit. In that way, the victims will be removed from the criminal and abusive environment and out of the reach of the criminal networks. The Committee takes note of this information and asks the Government to continue providing information on the results of the Plan of Action on Combating Trafficking in Women (2003-06), especially with regard to the inclusion in this plan of measures to protect and support child victims of trafficking.

Article 7, paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee had previously noted that the Ministry of Employment is the competent authority, in cooperation with other relevant ministries. The Committee had requested the Government to provide additional information on the authorities responsible for the penal provisions implementing the Convention. The Committee notes the Government’s information that reports about criminal offences are submitted to the police, which start investigations when there is a reasonable suspicion that a criminal offence indictable by the State has been committed. The Committee takes due note of this information.

Article 8. International cooperation. Following its previous comments, the Committee notes the Government’s information that Denmark contributes and allocates funds to combat child labour primarily in West Africa. Moreover, a minor programme supports a project in Pakistan dealing with the worst forms of child labour. The Committee also notes the Government’s information that these programmes are aimed at realizing the ILO’s objectives on progressive eradication of child labour, with a special focus on the worst forms of child labour and the creation of alternatives for the children concerned and their families.

Part III of the report form. The Committee notes the detailed information contained in the Danish Working Environment Authority’s statistics. This data shows the cases of violations of the provisions on young persons’ work for the period 1 June 2002-31 May 2004. The Committee notes the Government’s information that, for the same period, the Danish Working Environment Appeals Board has determined no more than six cases concerning young persons under 18 years of age. Moreover, regarding judgments and fines imposed related to work on the ground, 21 decisions have been taken concerning children and young persons, of which: one fine; one in-court fixed penalty notice; 18 out-of-court fixed penalty notices; and one shelving. In addition, 28 charge recommendations have been made, of which seven are still pending. The Committee asks the Government to continue providing information on the decisions given involving the question of principle relating to the application of the Convention.

Parts IV and V of the report form. The Committee notes the statistics supplied within the Government’s report concerning the number of employed young persons under 17 years of age working in the period 2001-03. It notes that, according to these statistics, the rate of persons in employment relative to the total number of young persons under 17 is falling. The drop is most significant in the age group 15-17. It also notes that 16,389 young persons aged 0-14 (1.6 per cent) and 85,086 aged 15-17 (48 per cent) were found to be working in 2003. The Committee notes that, according to other data provided by the Government, in 2003 the number of working children aged 0-15 decreased in comparison with 2001, while the number of working children aged 16-17 has increased. Moreover, the Committee notes that statistics from the Danish Working Environment Authority show the number of reported occupational accidents and diseases concerning young persons under 18 years of age in the period 2002-03. The data reveals that the total number of occupational diseases has fallen down in 2003 and continues to affect children between 16 and 17 years of age. The Committee asks the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number and nature of infringements, investigations, prosecutions and convictions.

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

The Committee notes the Government’s first report and requests it to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that section 262(a)(1) of the Criminal Code, adopted in June 2002, punishes any person who recruits, transports, harbours or subsequently receives a person by means, whether present or past, of: (1) unlawful coercion pursuant to section 260; (2) deprivation of liberty pursuant to section 261; (3) threats pursuant to section 266; (4) the unlawful creation, confirmation or exploitation of a mistake; or (5) any other undue method, for the purpose of exploitation of that person by sexual immorality, forced labour or services, slavery or practices similar to slavery, or the removal of organs. The same section also punishes anyone who gives payment or other form of benefit in order to achieve the consent to such exploitation from a person having custody over the victim as well as the person who receives such payment or benefit.

2. Forced or compulsory labour. The Committee notes that section 262(a) of the Criminal Code punishes any person who recruits a minor under 18 years with the intention of exploiting that person through forced labour, slavery or slave-like conditions.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that article 81 of the Constitution provides that every male person able to bear arms is liable to contribute to the defence of the country under rules laid down by statute. The Committee notes that section 14(3) of the Ministry of Defence’s Consolidation Act No. 1083 of 23 December 1998 provides that conscripts’ examination of men liable for military service may only take place from the time when the conscript has turned 18. The Committee also notes that all different types of recruitment (enlisted privates, reserves, private trainees, etc.) have a minimum recruitment age of 18 years.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes that section 223(a) of the Criminal Code, added in 1999, punishes a person who, as a client through payment in cash or by promising such payment, has intercourse with a person under 18 years of age. The Committee notes moreover that section 228 of the Criminal Code punishes any person who: (1) induces another to seek a profit by sexual immorality with others; or (2) for the purpose of gain, induces another to indulge in sexual immorality with others or prevents another who engages in sexual immorality as a profession from giving it up; or (3) keeps a brothel. Subsection (2) punishes in the same way anyone who incites or helps a person under the age of 21 to engage in sexual immorality as a profession, or to abet some other person under the age of 21 to leave the Kingdom in order that they shall engage in sexual immorality abroad. It further notes that section 229 specifies that it is an offence for:(1) any person who, for the purpose of gain or in frequently repeated cases, promotes sexual immorality by acting as an intermediary, or who derives profit from the activities of any person engaging in sexual immorality as a profession; (2) any person who lets a room in a hotel room or an inn for the carrying on of prostitution as a profession. Section 233 of the same Code punishes any person who incites or invites other persons to prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 235 of the Criminal Code punishes: (1) any person who commercially sells or otherwise disseminates, or who, with such an intention, produces or procures obscene photographs, films or similar objects of children; (2) any person who possesses photographs, films or similar objects of children engaged in sexual intercourse or other sexual relations other than sexual intercourse, and any person who possesses photographs, films or similar objects of children engaged in sexual intercourse with animals or making use of objects in a grossly obscene manner. The Committee notes the Government’s indication that in 2000, the use of pornographic models under the age of 18 was criminalized by section 230 of the Criminal Code, which punishes anyone who takes photographs or films or other media of persons under the age of 18, with the intention to sell or in other ways disseminate the material, and also punishes organized crime networks.

The Committee also notes the Government’s statement that legislative reform on child pornography was expected to be proposed to Parliament in 2003. The Committee requests the Government to provide information, in its next report, on any developments regarding this legislative reform.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that by virtue of sections 1 and 2 of the Euphoriants Act of 1955, it is a criminal offence to import, export, sell, purchase, supply, receive, manufacture, process or possess euphoriants. It also notes that section 191(1) of the Criminal Code singles out the most serious drug offences covered by the Euphoriants Act by making it a criminal offence to transfer drugs in contravention of the Euphoriants legislation to a considerable number of persons, or in return for a large payment, or in any other particularly aggravating circumstances. Section 191(2) punishes persons who import, export, sell, purchase, supply, receive, manufacture, process or possess drugs intended for transfer as mentioned in section 191(1). The Committee requests the Government to indicate if the use, procuring or offering of a child in the commission of such offences would qualify as an aggravating circumstance pursuant to section 191(1) of the Criminal Code. If not, the Committee requests the Government to indicate in what way the use, procuring or offering of a child under the age of 18 for the production and trafficking of drugs is specifically prohibited under the relevant legislation.

Clause (d). Hazardous work. The Committee notes that section 60(1) of the Working Environment Act provides that for the employment of young persons under the age of 18, the planning, organization and performance of work shall take account of the age, development and health of the young person, as well as the work’s effect on schooling or other education. It also notes that section 60(3) of the same Act states that the Minister of Employment may lay down further rules concerning the employment of young persons. The Committee further notes that Order No. 516 of 14 June 1996 of the Ministry of Labour, amended in 1999, establishes the rules on young persons’ work. It notes that section 4 of this Order states that in each case of the employment of young persons under the age of 18 years, when deciding upon work assignments and the scheduling of work, it shall be ensured that consideration is given to the fact that the work can be performed under fully acceptable safety and health conditions. The Committee also notes that section 5 of the said Order provides that the employer shall implement the provisions under section 4 on the basis of an evaluation of the risks presented by the work for young persons, in such a way that consideration is given to special risks which may arise due to their lack of experience and awareness of the risks and circumstances because they are still not fully developed. Furthermore, consideration shall also be given to the physical, biological, chemical and psychological influences, in both the short and long term, to which the young persons may be exposed. Section 6 provides that: (1) the employer shall ensure that young persons receive thorough training and instruction in such a way that work can be performed under fully acceptable safety and health conditions. In this respect, the employer shall acquaint the young person with the arrangements which have been made concerning their safety and health; (2) where instructions exist respecting substances and materials, technical equipment, etc. for the use of employees during their work, the employer shall ensure that young persons are familiarized with the information contained in the instructions; (3) work shall be performed under the effective supervision of a person who has reached the age of 18 years and has the necessary knowledge of the type of work. The supervision shall be adapted to the nature of the work. The Committee further notes that section 7 states that the employer shall involve safety technicians and organizations where the planning, implementation and control of safety and health conditions concern the work of young persons.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that under section 8 of Order No. 516, young persons may not be employed in the types of employment enumerated in sections 10-16, unless otherwise explicitly regulated. It notes that these provisions contain an exhaustive list of types of hazardous work. The Committee notes that according to section 10 of the Order, young persons may not be employed in the use of the auxiliary technical tools, equipments or work processes enumerated in Appendix 1A, for example, machine-driven technical aids, tractors, motor vehicles, machine-operated lifting or transported devices, working processes in connection with supervision, maintenance and repairs and vibrating hand-held tools. Section 11 of the Order prohibits young persons to work in connection with, or involving exposure to, the effects of the substances and materials enumerated in Appendix 2A, e.g. toxic and hazardous chemical substances, organic solvents, some biological agents, etc. Section 12 prohibits young persons from working in activities involving exposure to physical strain which could, in the short or long term, be harmful to their health and development, and unnecessary physical strain and inadvisable work positions and movements, enumerated in Appendix 3, e.g. noises or vibrations endangering safety, exposure to extremely high or low temperatures, exposure to ionizing radiations, work under high pressure, slaughter of animals and contact with wild or poisonous animals. Section 13 of the said Order prohibits work involving the transport of money.

Article 4, paragraphs 2 and 3. Identification of hazardous work and examination and periodical revision of the list of hazardous work. The Committee notes the Government’s statement that regarding periodic examination of the list of hazardous work, the Working Environment Authority, an agency under the auspices of the Ministry of Employment, has presented the Working Environment Council with a proposal to readjust the present rules from 1996 and with statistics concerning children and young persons’ work. The Committee notes that the handling of certain dangerous technical tools is under consideration in this readjustment. These technical tools are tractors, motorized fodder trucks and motorized lawn mowers. In the proposal for the new Order on young persons’ work, a slight tightening of the possibility for young persons under the age of 18 to work with, for example, tractors as part of their work for an employer has been suggested. Moreover, a reduction of the weight limit for lifting, pulling and pushing for young persons has been considered as new information points towards lower limits than previous levels. The Committee requests the Government to indicate if these proposals to readjust the present rules on young persons’ work have been adopted. The Committee further notes the Government’s statement that Denmark has a long tradition of cooperation between public authorities and the social partners on solving working environment problems. It also notes that the Ministry of Employment’s acts and orders on young persons’ work were presented to the Working Environment Council which is composed of representatives of the social partners.

Article 5. Monitoring mechanisms. The Committee notes that the Government’s report provides information regarding the National Working Environment Authority (NWEA), which consists of a central department and 15 local branches, corresponding to one branch in every county in Denmark and one branch in the local authorities of Copenhagen and the City of Fredericksburg. The NWEA visits enterprises both through announced and unannounced visits and in this connection controls the observance of rules on young persons’ work in individual enterprises. Furthermore, the NWEA issues instructions on children’s and young persons’ work which enterprises can order for free. The Committee requests the Government to provide information on the functioning of any other mechanism established for the monitoring of the implementation of the provisions giving effect to the Convention, and to provide extracts of the inspection reports specifying the extent and nature of violations detected involving children and young persons.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes the Government’s statement that there are a number of initiatives regarding the employment of children in Denmark. It notes the Action Plan for Clean Working Environment 2005, which consists of seven visions including those aimed at reducing or completely preventing children’s and young persons’ injuries as a consequence of their work. It also notes that in 2000, three projects were launched in the trade and safety committees with the support of the Ministry of Employment. The Committee notes that pursuant to Order No. 2 of 5 January 1998, the Minister of Social Affairs established the national council for children aimed at protecting children’s rights and providing information about their condition in society. The Government’s programme of action from 1996 includes statistical material on accidents and illnesses among children and young persons. Furthermore, the programme of action lays down which industries are targeted where activities will be undertaken to prevent injuries among children and young persons. The Committee further notes, according to available information from the Organization for Security and Cooperation in Europe (OSCE), that a National Plan of Action to Combat Trafficking in Women was due to be launched in October 2002. The plan consists of measures to protect and support the victims and prevent the trafficking in women. The Committee requests the Government to provide information on the achievements and impact of this Plan of Action, especially with regard to protecting children under 18 who are victims of trafficking. Noting the concentration of information in the Government’s report on hazardous work under Article 3(d) of the Convention, the Committee encourages the Government to communicate further information on any other programmes of action to eliminate the worst forms of child labour under clauses (a) to (c) of Article 3 of the Convention, as well as information on their functioning and the results obtained.

Article 7, paragraph 1. Penalties. The Committee notes that section 262(a) of the Criminal Code lays down a penalty of imprisonment of up to eight years for any person who recruits, transports, transfers or receives a person for the purpose of exploitation of that person by sexual immorality, forced labour or services, slavery or practices similar to slavery. It also notes that section 228(1) of the Criminal Code provides that: any person who induces another to seek a profit by sexual immorality with others; or for the purpose of gain, induces another to indulge in sexual immorality with others or prevents another who engages in sexual immorality as a profession from giving it up; or keeps a brothel, shall be guilty of procuring and liable to imprisonment for any term not exceeding four years. Subsection (2) prescribes an identical penalty for inciting or helping a person under the age of 21 to engage in sexual immorality as a profession, or for abetting some other person under the age of 21 to leave the Kingdom in order that they shall engage in sexual immorality abroad. Section 229 further specifies that it is an offence for: (1) any person who for the purpose of gain or in frequently repeated cases, promotes sexual immorality by acting as an intermediary, or who derives profit from the activities of any person engaging in sexual immorality as a profession, shall be liable to imprisonment for any term not exceeding three years or, in mitigating circumstances, to simple detention or a fine; (2) any person who lets a room in a hotel room or an inn for the carrying on of prostitution as a profession shall be liable to simple detention or imprisonment for any term not exceeding one year or, in mitigating circumstances, to a fine.

Furthermore, the Committee notes that under section 233, any person who incites or invites other persons to prostitution shall be liable to simple detention or to imprisonment for any term not exceeding one year or, in mitigating circumstances, to a fine. It notes that section 235 of the Criminal Code states that; any person who possesses, or commercially sells or otherwise disseminates, or who, with such an intention, produces or procures obscene photographs, films or similar objects of children shall be liable to a fine or a term of imprisonment of up to two years or under special circumstances to a term of imprisonment of up to six years. Special circumstances are situations, where the life of the child is in danger, where violence of a dangerous nature is being used or if the productions are systematic and seem to be of an organized nature (organized crime networks). The Committee notes that, according to the Government’s report, the police have prioritized the investigation of the spreading of child pornographic material through the Internet.

The Committee notes, concerning hazardous work, that section 82(1) of the Working Environment Act states that unless a higher penalty is dictated by other legislation, a person shall be liable to a fine or imprisonment of up to one year. Subsection (2) provides that the penalty may be increased to imprisonment of up to two years, if the contravention was committed deliberately or with gross negligence, and subsection (4) provides that aggravating circumstances shall apply when young persons under the age of 18 are subject to loss of life or health, or brought into danger of such.

The Committee requests the Government to provide information on the practical application of these penalties.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on the measures taken to: (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (c) ensure access to free and basic education to all children removed from the worst forms of child labour; (d) identify and reach out to children at special risk; and (e) take account of the special situation of girls. The Committee asks the Government to provide information on actions taken or envisaged, as required under Article 7(2)(b), (c), (d) and (e) of the Convention.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes the Government’s statement that the implementation of effective measures with a view to preventing children and young persons from performing work which is dangerous is part of the NWEA’s general work. The NWEA carries out visits and ensures compliance with the rules for children and young persons. There are some other measures mentioned in the Government’s report including the use by enforcement authorities of special investigative procedures in cases of child pornography (electronic surveillance of data trafficking and other telecommunications) authorized by the legislative reform of 2000, or the guides stating how the rules concerning young persons’ work should be construed issued by the NWEA. The Committee requests the Government to continue providing information concerning the measures taken or envisaged to prevent the engagement of children in the worst forms of child labour, and on the impact of these measures on the prevention of the engagement of children under 18 in the worst forms of child labour.

Article 7, paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to this Convention. The Committee notes the Government’s indication that it is the task of the NWEA to instruct enterprises, labour market organizations and the public on working environment issues and to ensure that the Act and its requirements, including those on young persons, are observed. It also notes the Government’s information that the competent authority is the Ministry of Employment in cooperation with other relevant ministries.  The Committee asks the Government to communicate additional information concerning the authorities responsible for the implementation of the penal provisions giving effect to this Convention and the methods used for the supervision of such implementation.

Article 8. Enhanced international cooperation and/or assistance. 1. International cooperation. The Committee notes that the Danish Ministry of Foreign Affairs supports "Coalition Against Trafficking in Women, Asia-Pacific", a regional NGO based in Manila, which fights against the sexual exploitation of women and girls through a documentation system and advocacy. It also notes that the Government ratified the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in July 2003.

2. Regional cooperation. The Committee notes that the Danish police play an active role in international police collaboration on the trafficking in women, within the framework of Interpol, Europol, and the task force on organized crime in the Baltic Sea region. The cooperation within the task force is very operational and has resulted in the arrest and prosecution of several organized criminal rings both in Denmark and in the Baltic countries. The Committee asks the Government to provide further concrete information on any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with these provisions of the Convention.

Part III of the report form. The Committee notes that from 1996 to 31 May 2002, 580 improvement notices and 863 instructions were issued by the NWEA in relation to children and young persons. It also notes that in 1999, the Working Environment Appeal Board made decisions in 20 cases concerning young persons under the age of 18, and in 2000, one decision was made. It notes that 32 decisions concerning children and young persons were made in the period 1 June 2000 to 31 May 2002. These decisions are broken down as follows: 11 penalties; one judicial fixed penalty notice; 18 extra-judicial penalty notices; one dismissal and one case being dismissed. In the same period, there were three indictment recommendations concerning the night work of young persons.

The Committee further notes the Government’s indication that three of the cases, S-29990-00, S-2974-00 and S-3827-00, are of particular importance and concern the penalty levels in cases concerning young persons’ solitary work. The judgments establish a penalty level of DKK20,000 (about US$3,300) in such cases, which doubles the penalties of previous cases. In one case regarding a 14-year-old who was found to be using a circular saw, the employer had to pay a penalty of DKK20,000. The Committee requests the Government to continue providing information on whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention.

Parts IV and V of the report form. The Committee notes the absence of information in the Government’s report on this point. It therefore requests the Government to give a general appreciation of the manner in which the Convention is applied in Denmark, and to indicate any practical difficulties, or any factors which may have prevented or delayed action against the worst forms of child labour. The Committee requests moreover the Government to supply copies or extracts from official documents including studies and inquiries and to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties. To the extent possible, all information provided should be disaggregated by sex.