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

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. Sale and trafficking of children. The Committee notes, from the Government’s report under the Protocol of 2014 to the Forced Labour Convention, 1930 (the Protocol), the indication that a Working Group was established to prepare the Action Plan Against Trafficking in Human Beings. The Action Plan, which was implemented between 2021 and 2023, was based on five strategic objectives and 55 actions. It promoted the detection of human trafficking, improved the standing of victims and enhanced the establishment of criminal liability. The Committee notes the detailed list of measures undertaken within the framework of the Action Plan, but it notes that no information is provided on measures specifically aimed at combating trafficking in children and detecting child victims. In its report under the Protocol, the Government also refers to the ongoing Tehoa Project (2023–25), funded by the European Union Internal Security Fund, which: (1) aims to prevent and tackle trafficking in human beings; and (2) is permitting the preparation of a national referral mechanism (NRM) for the identification and guidance of victims of trafficking in human beings to promote the identification of victims and to secure access to assistance.

Further, the Committee notes that, according to the report of the Group of Experts on Action against Trafficking in Human Beings on Finland of 2024 (GRETA report): (1) the number of presumed victims of trafficking admitted to the National Assistance System increased from 229 in 2019 to 367 in 2022; (2) most victims (57 per cent) were female and around 7 per cent were children; (3) on 30 June 2022, there were 1,184 persons in the Assistance System, 949 victims (including 565 women and 30 child victims) and 235 underaged children of the victims; (4) in 2019, Finland published its Action Plan for the prevention of violence against children 2020-2025; and (5) both the National Rapporteur and the Ombudsman for Children expressed great concerns regarding children who run away from child protection institutions (around 1,000 cases a year) and who are at great risk of falling victim of trafficking. In this regard, GRETA noted that the measures taken are inadequate to protect runaway children and identify those who have fallen victims to trafficking. The Committee requests the Government to provide information on the specific measures taken, including within the framework of the Action Plan Against Trafficking in Human Beings, the Tehoa Project and the Action Plan for the prevention of violence against children, to: (i) prevent and combat trafficking in children; (ii) identify child victims of trafficking and to provide them with the necessary and appropriate direct assistance for their removal from this worst form of child labour, and ensure their rehabilitation and social integration; and (iii) the results of the measures taken, including by providing up-to-date statistical information on the number of children identified and removed and who were rehabilitated and socially integrated.

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 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that the national legislation, including the Penal Code, does not seem to specifically prohibit the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs. The Committee, therefore requested the Government to indicate the legislative provisions under Finnish law which apply in this regard.

The Committee notes the Government’s indication that the offence related to the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs are covered by the provisions laid down under Chapter 5 of the Criminal Code. According to section 4 of Chapter 5 of the Criminal Code, any person who commits an offence by using as an agent, another person who cannot be punished for said offence due to the lack of criminal responsibility or intention or due to another reason connected with the prerequisites for criminal liability, shall be punished. Consequently, a person who has used, as an agent, a person under the age limit of criminal responsibility (15 years) for the commission of a crime shall be punished as the perpetrator of the crime. With regard to persons aged between 15 to 17 years, the Government refers to section 3 of Chapter 5 of the Criminal Code dealing with complicity in an offence; section 5, relating to instigating another person to commit an offence; and section 6, relating to abetting another person for the commission of an offence.

Articles 6 and 7(2)(b). Programmes of action to eliminate the worst forms of child labour and direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking. The Committee notes from the Government’s report that, following the implementation of the Revised Plan of Action Against Trafficking in Human Beings, 2008, several legislative amendments concerning assistance and support to victims of trafficking have been adopted. Chapter 4 of the Act on the Reception of Seekers of International Protection of 2011 (Reception Act) contains provisions relating to the content of assistance to be provided to victims of trafficking; duties of the competent authority for assisting the victims; as well as the appointment of a multi-professional evaluation group for assessing the needs of victims of trafficking. Accordingly, the services and assistance provided to victims of trafficking, as per section 33 of the Reception Act include: legal and other advisory services; crisis support; social welfare and health-care services; translation and interpretation services; accommodation and housing; assistance for a safe return; and other assistance taking into account the special needs resulting from the age and situation of the victim. The Committee also notes that according to a decree issued by the Ministry of Interior on 1 September 2011 (No. 984/2011), the reception centres of Joutseno and Oulo are the two centres competent to assist victims of trafficking which coordinate, maintain and develop the system for assisting victims of trafficking. The Committee notes the Government’s information that from 2005 to 2012, 31 proposals for assistance concerning minor victims of trafficking were received. The Government’s report further indicates that the number of minors identified as victims of trafficking remained very low in 2013. The Committee requests the Government to provide information on the methodology used for identifying victims in this respect.

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

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that the Penal Code does not seem to prohibit the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs. The Committee noted that the Government referred to the Young Workers’ Act (998/1993) and the Decree on Young Workers (508/1986). However, the Committee noted that these laws do not appear to prohibit the use, procuring or offering of a child for the production and trafficking of drugs, but rather refer to the prohibition of hazardous work. The Committee had also noted the Government’s statement that, under Finnish law, persons under 18 years of age are not legally permitted to perform any work that the Convention deems to be one of the worst forms of child labour. In this regard, the Committee notes that section 1 “Narcotics Offence” of Chapter 50 of the Penal Code on “Narcotics Offences” punishes a person who unlawfully: (1) produces or attempts to produce a narcotic substance; (2) imports or attempts to import or exports or transports it or has it transported; (3) sells, supplies, conveys or otherwise distributes a narcotic substance; (4) possesses or attempts to obtain a narcotic substance. Section 2, “Aggravated Narcotics Offence”, of the same Chapter imposes a stronger penalty if, in the narcotics offence: (5) the narcotic substance is distributed to minors. However, the Committee observes that the abovementioned provisions do not explicitly prohibit the use, procuring or offering of a child for the production and trafficking of drugs, but rather refer solely to the prohibition of distributing narcotics to minors. The Committee reminds the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for the production and trafficking of drugs constitutes one of the worst forms of child labour and that, by virtue of Article 1, it is obliged to take immediate measures to prohibit this worst form of child labour. The Committee therefore requests the Government to take the necessary measures to specifically prohibit the use, procuring or offering of a child under 18 years for the production and trafficking of drugs. If such a provision already exists, the Committee requests the Government to indicate the legislative provisions under Finnish law which apply in this regard.

Article 6. Programmes of action to eliminate, as a priority, the worst forms of child labour. Trafficking. The Committee previously noted the Government’s indication that, in August 2005, it adopted a National Plan of Action Against Human Trafficking (NPA) aimed at: preventing human trafficking more efficiently; protecting and assisting the victims of human trafficking; ensuring that those guilty of human trafficking are charged; and combating organized crime. The Committee noted in the Government’s report that the NPA calls for victims of trafficking to be granted a residence permit. The NPA also brought forth a statutory system to assist victims of human trafficking by amending the Act on the Integration of Immigrants and Reception of Asylum Seekers (493/1999). This statutory system is coordinated by two state-run reception centres, one of which concentrates on minors. The Committee further noted that, in June 2008, the Government adopted a Revised Plan of Action Against Trafficking in Human Beings (Revised NPA), which represents an update and further specifications of the measures described in the NPA, based on experiences from the implementation of the NPA. The Revised NPA pays particular attention to identifying a victim as a victim. The Committee also noted that the Ombudsperson for Minorities, acting as an independent authority, has been appointed the National Rapporteur on Action Against Human Trafficking (the Rapporteur).

The Committee notes from the Government’s report that concrete measures of the revised NPA include clarifying the definition of trafficking in human beings and similar offences, so that the authorities, organizations and prosecutors concerned apply the same interpretations of the content of trafficking in human beings and the types of offences relevant to this. The Committee also notes from the Government’s information that the Ombudsman for Minorities published a report stating that examining an asylum application, while keeping the best interests of unaccompanied minors who enter the country as asylum seekers, is problematic. The Ombudsman suggests that, until further examination, children should not be returned to Italy, Greece, Malta or Spain and the equal, predictive and appropriate nature of services must be examined within the system. The Committee requests the Government to continue providing information on the concrete measures taken to implement the Revised NPA, its impact on combating child trafficking and on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. National plan of action against human trafficking. In its previous comments, the Committee requested the Government to provide information on the impact of the NPA in providing direct assistance to child victims of trafficking and to indicate the number of children withdrawn and rehabilitated pursuant to this national plan. The Committee noted that, through the NPA, victims who are minors have been identified in different circumstances (mostly in transit situations but none in child labour). The Committee notes the information in the Government’s report that, since its inception and up until mid-December 2009, a total of 48 people have been included in the system for victim assistance, of whom 12 were minors. The Oulu reception centre, specialized in assisting minors, began operating unofficially as early as 2005, at which time the border guard referred four minors to the reception centre, from where they later disappeared. In both 2006 and 2007, three new victims were included in the system. In 2008, another three victims were taken in, one of whom had already been in the system earlier. No minors were included in the system for victim assistance in 2009. The Committee further notes from the Rapporteur’s latest report that some of the minors were included in the assistance system even before actual victimization in human trafficking had taken place. In these situations, the minors were in transit to another country when the authorities apprehended them in Finland on suspicion that they might become victims of human trafficking in the destination country. In these cases, the border guard has initiated criminal investigations of (aggravated) facilitation of illegal entry. The Committee notes that the Rapporteur welcomes this approach. The Committee duly notes this preventive action in the removal of children from the worst forms of child labour. The Committee also notes the information in the 2010 report on human trafficking in Finland, available on the Office of the High Commissioner for Refugees website (www.unhcr.org) (Trafficking Report) that the Finnish Government has sustained victim assistance efforts and continues to provide direct shelter, trafficking-specific rehabilitative assistance and medical care to adult and child victims. The Committee further notes from the Trafficking Report that victims of trafficking wishing to stay longer than six months were eligible to apply for an extended residence permit or asylum as an alternative to deportation. The Committee finally notes that, in the last year, seven victims were granted permanent residence permits.

Clause (d). Identify and reach out to children at risk. The Committee previously noted that, since 2000, the Government has supported the ILO’s project entitled “Street children in St Petersburg: from exploitation to education” (St Petersburg project). The Committee noted that the project resulted in approximately 330 children receiving various types of assistance. The Committee notes the information in the Government’s report, that according to Finland’s Consulate General in St Petersburg, there are no statistics available on street children, so the exact number of street children in St Petersburg is unknown. Nevertheless, the Consulate estimates that, between 2000 and 2009, the number of street children has decreased by 5,000, but that, with the economic recession, the number began to rise in 2008. However, due to an improvement in the economic situation, the number of street children is believed to be in decline.

Parts III and V of the report form. Court decisions and application of the Convention in practice. The Committee notes from the information in the Government’s report that there have not been any new court decisions relating to the application of the Convention.  The Committee also notes in the Government's report that there is no indication that the worst forms of child labour, as referred to in the Convention, are present in Finland. The Committee notes from the information in the Trafficking Report that, in 2009, police reported conducting 59 human trafficking investigations. Also in 2009, authorities prosecuted at least five people for sex trafficking offences, compared with nine in 2008 and two persons were prosecuted for labour trafficking in 2009, down from nine in 2008. Since 2006, sentences have ranged from one-and-a-half to five-and-a-half years of imprisonment and there have been no reports of suspended sentences. Finally, the Committee also notes from the Trafficking Report that there were no prosecutions since 2009 for persons suspected of child sex tourism offences.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously noted section 3(1)(2) of Chapter 25 of the Penal Code which penalizes the offence of kidnapping children under 15 years of age for the purpose of trading in human beings. The Committee had requested the Government to indicate the measures taken or envisaged to prohibit and eliminate the sale and trafficking of children under 18 years of age for labour or sexual exploitation. The Committee notes with interest that section 3 of Chapter 25 of the Penal Code (650/2004) criminalizes and establishes penalties for the trafficking of human beings; section 3(a) criminalizes and establishes penalties for the aggravated trafficking of human beings, which includes trafficking of persons under the age of 18 years. The Committee further notes in the Government’s report that the police and border guard investigate cases of trafficking and aggravated trafficking in human beings as per the provisions of the Penal Code and that the criminals are brought to account either for trafficking crimes or for related offences. Finally, the Committee notes that the new Child Welfare Act (417/2007) better suits cases relating to unaccompanied child victims of trafficking.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Noting the provisions under section 18 (sale, manufacture or distribution of obscene pictures or recordings depicting children) and section 19 (possession of obscene pictures of children) of Chapter 17 of the Penal Code, the Committee had previously requested the Government to provide information on the definition of a “child” under sections 18 and 19. The Committee notes with interest that new provisions pertaining to the dissemination of pornographic images, the aggravated distribution of child pornographic images and the possession of child pornographic images in sections 18, 18(a) and 19, respectively, of Chapter 17 of the Penal Code, have been adopted. It notes that under these provisions, a child is considered to be any person under the age of 18 or any person whose age cannot be determined where there are grounds to believe that that person is less than 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that the Penal Code does not seem to prohibit the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs. The Committee noted that the Government refers to the Young Workers’ Act (998/1993) and the Decree on Young Workers (508/1986). However, the Committee noted that these laws do not appear to prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee notes the Government’s statement that under Finnish law, persons under 18 years of age are not legally permitted to perform any work that the Convention deems to be one of the worst forms of child labour. The Committee once again draws the Government’s attention to its obligation under Article 1 of the Convention to take immediate measures to prohibit this form of child labour as a matter of urgency and therefore once again requests it to indicate the legislative provisions under Finnish law which apply in this regard. In the absence of such provisions, the Committee urges the Government to take the necessary measures to ensure that the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, is prohibited.

Article 6. Programmes of action to eliminate, as a priority, the worst forms of child labour. 1. Trafficking. The Committee previously noted the Government’s indication that in August 2005, it adopted a plan of action against human trafficking (NPA) aimed at: preventing human trafficking better and more efficiently; protecting and assisting the victims of human trafficking; ensuring that those guilty of human trafficking are charged; and combating organized crime. The Committee notes in the Government’s report that the NPA calls for victims of trafficking to be granted a residence permit. The NPA also brought forth a statutory system to assist victims of human trafficking by amending the Act on the Integration of Immigrants and Reception of Asylum Seekers (493/1999). This statutory system is coordinated by two state-run reception centres, one of which concentrates on minors. In cooperation with the child welfare authorities, the reception centres developed different protection and support methods. The Committee further notes that in June 2008, the Government adopted a Revised Plan of Action against Trafficking in Human Beings (Revised NPA), which represents an update and further specifications of the measures described in the NPA, based on experiences from the implementation of the NPA. The Revised NPA pays particular attention to identifying a victim as a victim. By keeping the threshold needed for identification low, everyone who has fallen victim to a human trafficking offence can be provided with assistance. The monitoring of the Revised NPA continues to be undertaken by a cross-discipline steering group, though each ministry is responsible for the monitoring and implementation of measures in their respective administrative sectors. Finally, the Committee notes that the Ombudsperson for Minorities, acting as an independent authority, has been appointed the national rapporteur on action against human trafficking and that the necessary resources will be allocated for this purpose. The Committee requests the Government to continue providing information on the concrete measures taken to implement the Revised Plan of Action against Trafficking in Human Beings, its impact on combating child trafficking and on the results achieved.

2. Ombudsperson for children. In its previous comments, the Committee noted the Government’s indication that the Act on the Ombudsman for Children (1221/2004) provides for an Ombudsperson for Children (Ombudsperson) to promote the realization of children’s rights and interests. The Committee also noted that the Ombudsperson annually submits a report to the Government and prepares a programme of action. The Committee notes in the Government’s report that the basis for work of the Ombudsperson is the United Nations Convention on the Rights of the Child. The Office of the Ombudsperson recently published information on the implementation of children’s rights, gathered by assessing the viewpoint of children on the social affairs officers’ reports of their own municipalities’ implementation of social services. In 2007, the coordination of child policy progressed significantly under the leadership of the Ministry of Education, in which the Ombudsperson actively takes part in the child, youth and family policy programme work. This cooperation promotes an improved basis of knowledge of child welfare. The Ombudsperson aims to further increase meetings with children and young people and, in the coming year, the target group will be the 15–18 year olds. The themes of child and youth participation and welfare will be kept prominent in connection with the autumn 2008 municipal elections since it is an important base to influence child policy. The Committee notes that a new post was recently opened and a goal of the Office of the Ombudsperson is to increase the number of staff.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. National plan of action against human trafficking. In its previous comments, the Committee requested the Government to provide information on the impact of the National Plan of Action Against Human Trafficking in providing direct assistance to child victims of trafficking and to indicate the number of children withdrawn and rehabilitated pursuant to this national plan. The Committee notes in the Government’s report that the Ministry of the Interior has, since the beginning of 2008, been responsible for the coordination of activities, the services and the support measures to help the child victims of human trafficking. The reception centres responsible for the victims who are minors (under the purview of the Ministry of the Interior), are responsible for various things, all on the same preconditions as Finnish citizens, including housing, the appointing of a representative, the provision of education and foster care when necessary. The Committee also notes that through the NPA, victims who are minors have been identified in different circumstances (mostly in transit situations but none in child labour) and that 11 child victims have been in the scope of the assistance system for minors since 2005. The Committee requests the Government to continue providing information on the ongoing impact of the Revised National Plan of Action Against Human Trafficking in providing direct assistance to child victims of trafficking. The Committee also requests the Government to continue indicating the number of children withdrawn and rehabilitated pursuant to this national plan.

Clause (d). Identify and reach out to children at risk. Street children. The Committee previously noted that, since 2000, the Government has supported the ILO’s project entitled “Street children in St Petersburg: from exploitation to education” (St Petersburg project). This project involves: examining the position of street children who work; developing and applying in practice innovative models of social work with children who are part of the risk group; and training social workers in applying new rehabilitation methods and principles of work with families. The Committee also noted the Government’s information that this project lays particular emphasis on preventive and rehabilitative measures to especially vulnerable children, in particular girls. The Committee notes the Government’s indication that within the framework of the St Petersburg project, two practical models based on the social welfare and compulsory education system were developed and implemented in Vyborg. The Committee notes that the project resulted in approximately 330 children receiving various types of assistance and a considerable number of local social welfare experts adopting these invaluable practical models. The Committee requests the Government to continue providing information on the impact of the St Petersburg project, or any other new projects, in protecting street children from the worst forms of child labour. It also requests it to continue providing information on the number of street children withdrawn and rehabilitated.

Part III of the report form. Court decisions. The Committee notes in the Government’s report that there have been no cases in courts or tribunals relating to the application of the Convention. The Committee requests the Government to continue indicating 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. Practical application of the Convention. The Committee notes the Government’s indication that inspection statistics apply to all workers in the workplace and that no separate statistics are conducted only on young workers. The Committee requests 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 penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

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

The Committee notes the Government’s report. It requests the Government to supply 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. Sale and trafficking of children. The Committee had previously noted section 3(1)(2) of the Penal Code which penalizes the offence of kidnapping children under 15 years of age for the purpose of trading in human beings. The Committee had requested the Government to indicate the measures taken or envisaged to prohibit and eliminate the sale and trafficking of children under 18 years of age for labour or sexual exploitation. The Committee notes the absence of information on this point in the Government’s report. The Committee once again requests the Government to indicate the measures taken or envisaged to prohibit and eliminate the sale and trafficking of children under 18 years of age for labour and sexual exploitation.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Noting the provisions under section 18 (Sale, manufacture or distribution of obscene pictures or recordings depicting children) and section 19 (Possession of obscene pictures of children) of Chapter 17 of the Penal Code, the Committee had previously requested the Government to provide information on the definition of a “child” under sections 18 and 19. The Committee once again requests the Government to provide a definition of the term “child” under sections 18 and 19 of Chapter 17 of the Penal Code.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that the Penal Code does not seem to prohibit the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs. It had asked the Government to indicate the legislative provisions which apply in this regard. The Committee notes that the Government refers to the Young Workers’ Act (998/1993) and the Decree on Young Workers (508/1986). However, the Committee notes that these laws do not appear to have any provisions prohibiting the use, procuring or offering of a child for the production and trafficking of drugs. In this regard, the Committee draws the Government’s attention to its obligation under Article 1 of the Convention to take immediate measures to prohibit this form of child labour as a matter of urgency. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs is prohibited.

Article 4, paragraph 3. Examination and periodical revision of the list of hazardous work. The Committee notes the Government’s information that the Decree on the Protection of Young Workers (508/1986), which provides a list of seven types of hazardous work prohibited to young workers (section 2), has been updated by Decree No. 475/2006. The Committee also notes the Government’s information that a tripartite committee to check the List of Examples of Jobs Hazardous for Young Workers (128/2002) will be launched towards the end of 2006.

Article 5. Monitoring mechanisms. The Committee had previously noted the Government’s indication that the occupational safety and health authorities of the Ministry of Social Affairs and Health (MSAH), and the Occupational Safety and Health Offices of the Occupational Safety and Health Inspectorates monitor compliance with the occupational safety and health regulations. The Committee notes the Government’s information that, eight Occupational Safety and Health Offices of the Occupational Safety and Health Inspectorates work under the MSAH as the authority responsible for the regional supervision of occupational safety and health. The Committee further notes that, in 2004, the total staff of the Occupational Safety and Health Inspectorates was 470, out of which 389 took part in supervisions and inspections. The Committee notes that, in cases where there are justified reasons to suspect that an offence decreed as punishable in an act under the supervision of the occupational safety and health authorities, such as the Young Workers’ Act or Chapter 47 (Employment Offences) of the Penal Code, has taken place, the occupational safety and health authority shall report it to the police for preliminary investigation. The Committee takes due note of this information.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. 1. Commercial sexual exploitation. Following its previous comments, the Committee notes the Government’s indication that the project entitled “Children and commercial sex” by the Research and Development Centre for Welfare and Health, was part of the National Action Plan on combating the commercial sexual exploitation of children. During the course of this project, a seminar including experts from the educational administration and social work, health sectors and child protection organizations were conducted. The seminar highlighted the issue of commercial sexual exploitation of children. Issues relevant to this theme were also included in a more comprehensive pilot study of student health services. A report compiling the results of this seminar and the study was used as learning material for the training of health-care professionals. The Committee takes note of this information.

2. Trafficking. The Committee notes the Government’s indication that, it adopted a plan of action against human trafficking on 25 August 2005. This plan of action aims to prevent human trafficking better and more efficiently, to protect and assist the victims of human trafficking, to ensure that those guilty of human trafficking are charged and to combat organized crime. This action plan also attempts to give guidelines to facilitate the identification of victims and proposes measures to increase information and awareness relevant to human trafficking. The Committee requests the Government to provide information on the concrete measures taken to implement the plan of action against human trafficking, its impact on combating child trafficking and on the results achieved.

3. Ombudsman for children. The Committee notes the Government’s indication that the Act on the ombudsman for children (No. 1221/2004) provides for an ombudsman for children to promote the realization of children’s rights and interests. The Committee also notes that the ombudsman for children annually submits a report to the Government and prepares a programme of action. The Committee requests the Government to provide information on the programmes of action prepared by the ombudsman for children, particularly with regard to the elimination of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. National plan of action against human trafficking. The Committee notes the Government’s information that one of the aims of this action plan is to protect and assist the victims of human trafficking. The Committee notes that the Ministry of Labour, who is responsible for the preparation and coordination of activities to help the victims, set up a working group the task of which is to discuss and put forward measures to help the victims of trafficking, including child victims and to develop relevant legislation. With regard to child victims, much attention was given to the activation of the assistance system, such as tracing their guardians, organizing housing for those without a guardian, providing education on the same preconditions as Finnish citizens and placing them in foster care, if necessary. The Committee also notes that the Ministry of Labour set up a steering group on 17 February 2006 to monitor the implementation of this national plan. The Committee requests the Government to provide information on the impact of the National Plan of Action Against Human Trafficking in providing direct assistance to child victims of trafficking. The Committee also requests the Government to indicate the number of children withdrawn and rehabilitated pursuant to this national plan.

2. Victims of trafficking. The Committee notes the Government’s indication that the Aliens Act, as amended on 31 July 2006, provides for the granting of permits of residence to victims of human trafficking, and also contains a provision on a discretionary period during which the victim can recover and make a decision on cooperating with the authorities. The Committee notes with interest that the purpose of this amendment is to promote the solving and prevention of human trafficking crimes and to enable the protection of victims, and to help them against re-victimization.

Clause (d). Identify and reach out to children at risk. Street children. The Committee notes the Government’s indication that, since 2000, it has supported the ILO’s project entitled “Street children in St Petersburg; from exploitation to education”. According to the Government’s report, this project involves examining the position of street children who work, developing and applying in practice innovative models of social work with children who are part of the risk group, and training social workers in applying new rehabilitation methods and principles of work with families. The Committee also notes the Government’s information that this project lays particular emphasis on preventive and rehabilitative measures to especially vulnerable children, in particular girls. The Committee requests the Government to provide information on the impact of the above project in protecting the street children from the worst forms of child labour, and also to indicate the number of street children withdrawn and rehabilitated.

Article 8. Enhanced international cooperation and assistance. Regional cooperation. The Committee notes the Government’s information that Finland is involved in the following regional cooperation: cooperation between the European regional law enforcement authorities; acting president of the Baltic Sea Region Task Force (BSRTF) on Organized Crime until end of 2006, and also in charge of the BSRTF’s expert group “Trafficking in women and children”; and acting as the president of the border control cooperation in the Baltic Sea countries from 1 July 2006, which aims to deal with combating human trafficking as part of cross-border criminal activities.

Part III of the report form. The Committee had previously requested the Government to indicate any decisions taken by the courts of law or other tribunals involving questions of principle relating to the application of the Convention. The Committee notes the absence of information in the Government’s report. The Committee once again requests the Government to indicate in its next report 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 Government’s indication that that there are no separate statistics on the inspections conducted with regard to young workers. The Committee requests 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 penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

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

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

Article 3. 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 3(1)(2) of Chapter 25 of the Penal Code punishes a person who by violence, threat or duplicity takes control over a child under 15 years of age in order to subject the child to the trade in human beings. The Committee reminds the Government that the prohibition on the sale and trafficking of children for labour or sexual exploitation applies to all children under the age of 18. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit and eliminate the sale and trafficking of children under 18 years of age for labour or sexual exploitation.

2. Forced or compulsory labour. The Committee notes that article 7 of the Constitution provides that everyone has the right to life, personal liberty and integrity. It also notes that section 1 of Chapter 25 of the Penal Code states that a person who by confinement, bondage, transportation or otherwise unlawfully prevents another from moving, or isolates that person shall be sentenced for deprivation of personal liberty. Section 3(1)(1) of Chapter 25 of the Penal Code punishes a person who by violence, threat or duplicity takes control of another person in order to subject that person to degrading conditions of forced labour. The Committee further notes that section 3(1)(3) of Chapter 25 of the Penal Code punishes a person who enslaves another or keeps a slave, transports slaves or trades in slaves.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that by virtue of the Conscription Act (452/1950), all Finnish men are liable for military service. It also notes Act No. 364/2000 of May 2000 allows a person to start voluntary military service only after attaining 18 years of age. A corresponding amendment has been made to the Act on Women’s Military Service (No. 365/2000). The Committee further notes from the Government’s information submitted to the Committee on the Rights of the Child (CRC/C/129/Add.5, page 88) that compulsory recruitment of young persons starts at 18 years of age. It accordingly requests the Government to supply a copy of the provisions on compulsory military service.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 8(1) of Chapter 20 of the Penal Code punishes a person who, by promising or giving remuneration, gets a person younger than 18 years of age to have sexual intercourse or to perform another sexual act. It also notes that by virtue of section 9(1) of Chapter 20 of the same Code, a person who, in order to gain economic benefit personally or for someone else: (1) keeps a room or other premises for sexual intercourse or other comparable sexual acts for remuneration; (2) otherwise takes advantage of the performance of such an act by someone else; or (3) entices or intimidates another to such an act, commits the offence of pandering.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that by virtue of section 18 of Chapter 17 of the Penal Code, a person who offers for sale or for rent, distributes, or to that end manufactures or imports, pictures or visual recordings depicting children, violence or bestiality in an obscene way is guilty of an offence. Section 19 punishes a person, who unlawfully has possession of a photograph, video tape, film or other visual recording, realistically depicting a child having sexual intercourse or in a comparable sexual act, or depicting a child in another obviously obscene way. The Committee recalls that Article 3(b) of the Convention requires the prohibition of the use, procuring or offering of a child under 18 for the production of pornography and pornographic performances. The Committee requests the Government to provide information on the definition of a child under sections 18 and 19 of Chapter 17 of the Penal Code and to indicate whether Chapter 17 makes it an offence to procure or offer a child for the production of a pornographic performance.

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 section 1 of Chapter 50 of the Penal Code on "Narcotics Offences" punishes a person who unlawfully: (1) produces or attempts to produce a narcotic substance; (2) imports or attempts to import or exports or transports it or has it transported; (3) sells, supplies, conveys or otherwise distributes a narcotic substance; (4) possesses or attempts to obtain a narcotic substance. Section 2 of the same Chapter imposes a stronger penalty if, in the narcotics offence: (5) the narcotic substance is distributed to minors. In this regard, the Committee draws the Government’s attention to its obligation under Article 1 of the Convention to take immediate measures to prohibit this form of child labour as a matter of urgency. The Committee requests the Government to indicate if any legislative provision prohibits the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs, pursuant to Article 3(c) of the Convention, and if so, to provide a copy of the relevant provisions. If there are no such provisions, the Committee requests the Government to take measures to prohibit the use, procuring or offering of a child under the age of 18 for the production and trafficking of drugs.

Clause (d). Hazardous work. The Committee notes that section 9 of the Young Workers Act (998/1993) provides that the employer shall ensure that the work is not hazardous to the young worker’s physical or mental development and that it does not require greater efforts or responsibilities than can be considered reasonable, taking into account the worker’s age and physical strength. It also notes that under section 2 of the Ordinance No. 508/1986, young workers under 18 may not be employed on work which is harmful to their physical or psychological development, or which demands from them greater efforts or greater responsibility than is appropriate in view of their age and strength. The Committee also notes that a young worker must be given a medical examination within one month of the start of employment at the employer’s expense so that the young worker’s suitability for the work can be determined.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that section 2(2) of the Ordinance No. 508/1986 defines as hazardous work: (1) work in which young age or lack of experience can cause unreasonable strain or which involves considerable responsibility for personal safety, or the safety of others, or considerable financial responsibility, or which involve accident risks that young persons are unable to identify or avoid because they may not be able to take sufficient account of safety of factors or do not have enough training or experience; (2) working alone if there is a clear risk of accident or violence; (3) treatment of psychiatric patients and supervisions of psychologically or socially disturbed persons, and other similar work; (4) handling and transport of deceased persons; (5) slaughterhouse work; (6) tasks in which workers can be exposed to harmful amounts of toxic or carcinogenic substances that can cause hereditary changes in the genome, can be dangerous to an unborn child or can have other long-term effects on human health; (7) production, transport and handling of flammable or explosive substances and inflammable liquids of Class I in conditions where there is a clear fire hazard; (8) tasks in which the workers can be exposed to harmful radiation; (9) work that involves exposure to health risks because of noise, vibration or extreme cold or heat; (10) diving work; and (11) work which, under separate provisions, young persons are prohibited from doing. The Committee also notes the Government’s indication that the Ministry of Social Affairs and Health issued a Decree on the catalogue of examples of work to be classified as dangerous for young employees (No. 128/2002) that came into effect in March 2002. It also notes that when preparing the Decree, the Ministry took into account Paragraph 3 of the Recommendation No. 190. This Decree lists mechanical, chemical, physical and electrical risks, excessive physical strain, biological risks and certain tasks involving a specific risk of accident or health damage. The Committee requests the Government to give information on the application of these provisions in practice.

Article 4, paragraphs 2 and 3. Identification of hazardous work, examination and periodical revision of the list of hazardous work. The Committee notes the Government’s indication that the catalogue was first published in 1972, and since then has been regularly updated. It also notes that labour market organizations are involved in the preparation of labour legislation. Various authorities and expert bodies, such as the Finnish Institute of Occupational Health, are also consulted during the process. The Committee notes that the list of dangerous work must be updated at least every five years. It also notes the Government’s statement that the updating used to be the responsibility of the Ministry of Labour, but it is now done by the Ministry of Social Affairs and Health. The Committee requests the Government to provide information on any periodical revision of the list of the types of hazardous work.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that supervision of children and young persons is the duty of occupational and health authorities, who are also responsible for seeing to it that the relevant provisions are observed. The supervision is carried out in conjunction with normal occupational safety monitoring. Occupational safety comes under the purview of the Ministry of Social Affairs and Health, whose department is responsible for preparing legislation on the matter, monitoring compliance with legislation, and guiding Occupational Safety and Health Inspectorates in their supervisory tasks. The Committee also notes the Government’s indication that Finland is divided into a number of Occupational Safety and Health Inspectorate areas. As regional areas, these inspectorates are responsible for monitoring compliance with the legislation on working conditions and employment relationships. Matters of principle concerning occupational safety, harmonization of occupational safety provisions, promotion of occupational safety and development of cooperation in the field is the responsibility of the Ministry’s Advisory Committee on occupational safety and health. The Advisory Committee includes representatives of the most important labour market organizations and bodies central to the development of occupational safety and health and it discusses such matters as the priority areas that the Occupational Safety and Health Inspectorates should focus on and the results they have to achieve. Matters pertaining to young workers are discussed by the Advisory Committee in the same way as matters concerning other workers. The Committee requests the Government to provide information on the functioning of any other mechanism established or designated for the monitoring of the implementation of the provisions giving effect to the Convention, in particular the worst forms of child labour contemplated in Article 3(a) to (c), and to provide extracts of the inspection reports specifying the extent and nature of violations detected concerning children and young persons engaged in the worst forms of child labour.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes the Government’s statement that the programmes for eliminating the worst forms of child labour are seen as part of the overall development of working life and occupational safety. The country’s labour market organizations play an important role in the process, for which different priorities are set each year. It also notes the Government’s indication that there are currently no measures specifically targeting children or young persons, as the aim is to improve the conditions of workers of all ages.

1. Commercial sexual exploitation. The Committee nevertheless notes the National Action Plan on Combating the Commercial Sexual Exploitation of Children prepared by the Government and completed at the beginning of 2000. The Committee notes from the information provided by the Government in its report submitted to the Committee on the Rights of the Child in July 2003 (CRC/C/129/Add.5, page 95) that measures that have been suggested in the Action Plan have been implemented in 2000-02, in cooperation between the authorities and NGOs. The Committee notes that both preventive and rectifying measures have been taken. In accordance with the Action Plan, information about the sexual abuse of children will be an element of the basic and continuing education of persons working with children and the police. The Committee notes that according to the Government, the police and the prosecutor will be provided with clear instructions and explicit rules of procedure for possible cases involving sexual abuse of a child or purchase of sexual services from a minor abroad by a Finnish citizen. Information will be also disseminated about the hot-line and email address of the National Bureau of Investigation, where citizens can inform about any child pornographic material that they may have found on the Internet. The Committee asks the Government to provide information on the results attained within the framework of the National Plan of Action on Combating the Commercial Sexual Exploitation of Children.

2. Trafficking. The Committee further notes from the information submitted by the Government to the Committee on the Rights of the Child that the Nordic-Baltic campaign against trafficking in women has been launched in Finland in 2002 (CRC/C/129/Add.5, page 97). The information campaign built up knowledge and showed that prostitution and trafficking in human beings are interlinked. The Committee asks the Government to provide information on the achievements and impact of the Plan of Action for Combating Trafficking in Women, especially with regard to protecting children under 18 who are victims of trafficking.

The Committee also encourages the Government to communicate further information on any other programmes of action to eliminate the worst forms of child labour under clauses (c) and (d) 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 3(1) of Chapter 25 of the Penal Code (578/1995) provides that: (1) a person who by violence, threat or duplicity takes control of another person in order to subject him/her to degrading conditions of forced labour; (2) by violence, threat or duplicity takes control over a child under 15 years of age in order to subject him/her to the trade in human beings; or (3) enslaves another or keeps a slave, transports slaves or trades in slaves shall be sentenced, if the act is aggravated when assessed as a whole, for kidnapping to imprisonment for at least two and at most ten years. According to section 8 of Chapter 20 of the Penal Code: a person who, by promising or giving remuneration, gets a person younger than 18 years of age to have sexual intercourse or to perform another sexual act shall be sentenced for buying sexual services from a young person to a fine or to imprisonment for at most six months. Under section 9 of the same chapter, a person who, in order to gain economic benefit for himself/herself or for someone else: (1) keeps a room or other premises for sexual intercourse or other comparable sexual acts for remuneration; (2) otherwise takes advantage of the performance of such an act by someone else; or (3) entices or intimidates another to such an act, shall be sentenced for pandering to a fine or to imprisonment for at most three years. The Committee further notes that under section 18, a person who offers for sale or for rent, distributes, or to that end manufactures or imports, pictures or visual recordings depicting children, violence or bestiality in an obscene way, shall be sentenced for distribution of depictions of obscenity to a fine or to imprisonment for at most two years. It also notes that by virtue of section 19, a person who unlawfully has in his/her possession a photograph, video tape, film or other visual recording, realistically depicting a child having sexual intercourse or in a comparable sexual act, or depicting a child in another obviously obscene way, shall be sentenced for possession of obscene pictures of children to a fine or to imprisonment for at most six months. The Committee further notes that section 18 of the Act No. 998/1993 concerning young workers, provides that an employer, or the representative of an employer who deliberately or by negligence violates this Act, or any ordinance issued there under shall be condemned to fines for offences against the provisions concerning the protection of young workers, unless the deed is an occupational safety or working hours offence on which provisions are laid down in Chapter 47 (on labour offences) of the Penal Code. Chapter 47, section 1, of the Penal Code provides for a fine or a maximum imprisonment of one year for work safety offences, and section 2 provides for a maximum imprisonment of six months for working hours offences.

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: (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 effective and time-bound measures taken or envisaged, as required under Article 7(2)(d) and (e) of the Convention.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes the Government’s statement that the Constitution and the Basic Education Act (628/1998) guarantee free basic education to all children and that under this Act, children residing permanently in Finland have to complete their compulsory education. The Committee notes from UNICEF information that the enrolment rate is about 100 per cent.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the Government’s statement that Finland has an effective regulatory system and occupational safety and health monitoring arrangements that enable authorities to take prompt action whenever cases of illegal use of child labour come to light. Physical and mental rehabilitation and social integration of children are areas covered mainly by the Child Welfare Act and the Child Welfare Decree. Under the Child Welfare Act, a child has a right to a secure and stimulating growing environment, and harmonious and well-balanced development, and to special right to protection. The Committee requests the Government to provide information on the practical application of the Child Welfare Act, and to indicate the effective and time-bound measures taken to remove children from the worst forms of child labour and provide for their rehabilitation and social integration.

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 the competent authority is the Ministry of Social Affairs and Health. Occupational safety and health authorities supervise compliance with the provisions on young workers and their working conditions using normal supervision methods. The Committee also notes that the police is also involved in the enforcement and the monitoring of the provisions of the Convention. 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 Finland is a member of INTERPOL, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1991, and signed in 2000 the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. It also notes the Government’s statement that Finland has actively worked to achieve the target of emphasizing children’s rights in UNICEF, and also by supporting UNESCO’s Education for All project and contributing to the ILO International Programme on the Elimination of Child Labour (IPEC). It notes inter alia, that in 2000-03, Finland was involved in a three-year project to put an end to the child labour in gold mines in Camarines Norte, the Philippines, and has also allocated funds for three projects in the Russian Federation, both carried out within the framework of ILO/IPEC. The Committee also notes that officials of the Ministry of Social Affairs and Health have participated in Nordic and other international gatherings to discuss working conditions of children and young people.

2. Regional cooperation. The Committee notes the National Action Plan to Combat the Commercial Sexual Exploitation of Children and that Finland continues to support the development of EU-funded programmes to combat the sexual exploitation of children, e.g. the STOP and Daphne programmes. The Committee further takes note of the proposed action mentioned in the National Plan to combat sexual commercial exploitation in the Baltic Sea region and the ASEM countries (EU States and some Asian countries, Action Plan, page 17). It accordingly encourages the Government to provide further information on Finland’s involvement in the regional programmes aimed at combating the commercial sexual exploitation of children.

3. Elimination of poverty. The Committee notes with interest the Government’s statement that eliminating poverty has been a central target for Finland in its development cooperation. The main aim is to improve the living conditions of poor people, including children, and to put human resources to better use. It also notes that in Finland’s view, the target can be reached by helping to ease the debt burden of developing countries, contributing to a fairer international economy in a globalizing world and promoting a culture of democracy and equality. Women’s and children’s rights and equality are also key areas in Finland’s human rights policy. Noting that poverty reduction programmes contribute to breaking the cycle of poverty which is essential for the elimination of the worst forms of child labour, the Committee asks the Government to supply information on any notable impact of this poverty reduction strategy towards eliminating the worst forms of child labour.

Part III of the report form. The Committee notes the absence of information on this point in the Government’s reports. It therefore requests the Government to indicate in future reports, 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. The Committee notes the Government’s indication that no practical difficulties have been identified. The Committee requests 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 penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.