Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Danemark (Ratification: 2000)

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.