Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - España (Ratificación : 2001)

Article 7(2) of the Convention. Effective and time-bound measures. Clause (d). Children at special risk. Roma children. The Committee notes the information contained in the final evaluation report on the National Strategy for Roma Integration in Spain (2012–20). With regard to education, the report indicates that: (i) improvements have been regarding the enrolment in primary and secondary education of children and in reducing the percentage of the young Roma population that neither studies nor works (63 per cent); (ii) enrolment targets for girls in secondary education have not been met; (iii) there has been insufficient improvement in reducing the illiteracy rate in the adult population (13.8 per cent for women and 5.6 per cent for men); and (iv) although there is no information for comparing certain specific objectives, reducing the school dropout rate in primary and especially secondary education and boosting the numbers of Roma students who obtain school diplomas appear to be important objectives to adopt in the next strategy.

The Committee also notes the Government’s reference in its report to the adoption of Basic Act 3/2020, amending Basic Act 2/2006 on education (LOMLOE – Education Act), which seeks to promote more inclusive, quality education with a view to increasing education and training opportunities for children and young persons. With regard to the implementation of measures to prevent and combat school segregation, the Education Act indicates that education administrations in the autonomous regions should take the necessary steps to avoid the segregation of students for socio-economic or other reasons (section 84). In this regard, the Government indicates that section 81(1) of the Basic Act 2/2006 on education mandates non-discrimination and non-segregation in schooling for vulnerable students, ensuring equal access to and continuity within the education system. To this end, education administrations shall take the necessary steps to ensure preventive action for students in situations of socio-educational vulnerability in order to promote their success in school. Section 81(2) of the Education Act mandates that, in areas with high concentrations of socio-educationally vulnerable students, educational authorities must implement compensatory initiatives. This involves collaboration with local administrations and social organizations, emphasizing extracurricular and leisure-based education, as well as support and mentoring for students and their families, all aimed at preventing segregation within schools. With regard to the institutional recognition of the Roma community, the Government also emphasizes that the Education Act and the Royal Decrees establishing structures and minimum teaching requirements for compulsory primary and secondary education, have included the recognition of the Roma people, and also the study of their history and culture. Implementation of these new education curricula began in 2022–23 and will be completed in 2023–24.

The Committee notes the Government’s adoption of measures aimed at promoting educational inclusion and preventing school failure or dropout, particularly for students in vulnerable situations, including those of Roma origin. These measures include: (i) the adoption and implementation of the “Programme for educational guidance, progress and enrichment (PROA+ Programme)”, aimed at strengthening schools of special educational complexity in order to achieve educational success for all students; (ii) the adoption of the “State Action Plan for the implementation of the European Child Guarantee (PAEGIE) (2022–30)”, of which the second component includes “2.4 Combating school segregation. Reducing school segregation on socio-economic, ethnic or other grounds in public and state-subsidized schools”; (iii) the Ministry of Education and Vocational Training chairs the education group in the State Council for the Roma Population, through which an institutional character is conferred on the collaboration and cooperation of the Roma association movement with the General Administration of the State for the implementation of social welfare policies, which create possibilities for the comprehensive promotion of the Roma population. In this context various actions are being driven with special reference to the production of teaching materials and training of teachers; and (iv) the adoption of the “National Strategy for the equality, inclusion and participation of the Roma population 2021-30”, which adopts a wider approach to strategies for action, ranging from socio-economic integration (in the areas of education, employment, housing and health) to a comprehensive strategy comprising three tiers: real and effective equality, socio-economic inclusion, and participation of the Roma population.

The Committee duly notes the measures adopted, and the results achieved, by the Government to ensure that children from Roma communities are integrated in society and in primary and secondary education. It also notes that the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, expressed concern at the low level of education among Roma women and girls and the obstacles faced by refugee and migrant women to gain access to education (CEDAW/C/ESP/CO/9, 31 May 2023, paragraph 30(b)). The Committee requests the Government to pursue its efforts and continue providing detailed information on the steps taken to protect children belonging to the Roma communities against the worst forms of child labour and on the results achieved, including in the context of the new “National Strategy for the equality, inclusion and participation of the Roma population 2021–30”.