Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - France (Ratification: 2001)

Article 4(3) of the Convention. Revision of the list of hazardous types of work. Referring to its previous comments, the Committee notes the Government’s indication that the reform of the regulations on hazardous types of work prohibited for young persons under 18 years of age is still under way in the context of the transposition of Council Directive No. 94/33/EC of 22 June 1994 on the protection of young people at work. According to the information provided by the Government, negotiations have taken place within a working group comprising representatives of the administrations concerned, occupational health doctors and school doctors, representatives of the craft industry and the National Research and Safety Institute for the Prevention of Occupational Accidents and Diseases. Furthermore, the Committee notes that the social partners will be consulted once the draft laws and decrees have been finalized. The Committee requests the Government to continue providing information on the reform of the regulations on hazardous types of work prohibited for young persons under 18 years of age, as well as on the consultations held in that regard with employers’ and workers’ organizations.

Article 5. Monitoring mechanisms. 1. Combating hidden forms of child labour. In its previous comments, the Committee noted that the Inter-Ministerial Delegation to Combat Illegal Work (DILTI) carried out an evaluation for the period 1998–2003 that highlights an increase in status falsifications, the use of internship agreements to conceal real employment or to introduce foreign youth, the resorting to abusive volunteer work and the false declaration of a salaried worker as a self-employed worker. It also noted that a Global Plan to Combat Illegal Work (Global Plan) was implemented as of 2004.

The Committee notes the information provided by the Government that the DILTI was dissolved by the Decree of 18 April 2008 which created the National Delegation to Combat Fraud (DNLF). According to the Government’s report, the DNLF has taken over most of the tasks of the DILTI but in addition has more extensive powers relating to intervention and coordination, since it covers all social and tax fraud. The Committee also notes that the National Committee to Combat Illegal Work, which is presided over by the Ministry of Labour, is responsible for validating the national action plan against illegal work each year and defining its strategic directions. The five priority activity sectors targeted are construction and public works, the hotel and restaurant industry, enterprise services, show business and seasonal agricultural work. The Committee notes that the number of reports relating to the carrying out of illegal work increases each year. Furthermore, the number of convictions for illegal work offences increased by 54 per cent between 2004 and 2008. With regard to hidden forms of child labour, it notes that eight convictions were handed down in 2007 and three in 2008 for the use of the services of a minor required to attend school. It also notes that 86 reports were made between 2008 and 2009 for the illegal employment of minors under 18 years of age.

2. Combating child pornography on the Internet. Further to its previous comments, the Committee notes the information provided by the Government that a platform for the harmonization, analysis, cross-checking and channelling of reports concerning illegal content or behaviour on the Internet (PHAROS), managed by the Central Office for the Fight against Crime linked to Information and Communication Technologies, was created in 2005 within the Criminal Police Central Directorate. The Committee notes that PHAROS is accessible to the public through a portal and enables Internet surfers to report online any sites or content contrary to the laws and regulations disseminated on the Internet, such as child pornography. According to the information provided in the Government’s report, 33,735 reports were received between January and September 2009. The Committee also notes the existence of the Division to tackle cyber crime within the Documentation and Criminal Investigation Technical Department of the national gendarmerie. Furthermore, it notes that the national gendarmerie has a national network of 200 specialist child pornography investigators.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted the creation in 2000 of the Children’s Defender. It noted that this independent authority deals with individual cases and she may be directly seized by any minor under 18 years of age or by a legal representative as well as by associations defending children’s rights. The Children’s Defender can also receive individual requests regarding cases that could not be resolved by the existing law and through the existing structures. She may also propose legislative amendments to provide solutions to collective failures that impede the implementation of children’s rights.

According to the information available to the Office, the Committee notes that a Bill on the Defender of Rights was adopted by the Senate at its first reading in June 2010 and submitted to the National Assembly for adoption. It notes that this Bill provides that the Children’s Defender will be placed under the authority of the Defender of Rights and that the current mandate of the Children’s Defender will end with the mandate of the Defender of Rights. The Committee expresses the firm hope that the adoption of the new Bill which provides for the integration of the Children’s Defender within the institution of the Defender of Rights will not lead to a weakening of the mandate of the Children’s Defender, particularly with regard to the development of awareness-raising activities on the worst forms of child labour. It requests the Government to provide information in this regard.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted that foreign children are necessarily enrolled in an “ordinary class” corresponding to their level at elementary and secondary school, whenever the command of the language is not fundamental and in an “initiation class” (or a “reception class” in the case of secondary school) to follow a daily education of French.

However, the Committee notes that, in its concluding observations of 9 June 2008 (E/C.12/FRA/CO/3, paragraph 28), the Committee on Economic, Social and Cultural Rights noted with concern that, in spite of the efforts made by France to address the social and economic inequalities existing in the field of education, significant disparities in terms of school performance and drop-out rates continued to exist between French pupils and pupils belonging to racial, ethnic or national minorities. The Committee also notes that, according to the concluding observations of the Committee on the Rights of the Child (CRC) of 22 June 2009 (CRC/C/FRA/CO/4, paragraph 80), several groups of children encounter problems being enrolled in school or continuing or re-entering education, notably children with disabilities, children of travellers, Roma children and asylum-seeking children. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to step up its efforts to facilitate the access of the children belonging to minority groups and other vulnerable groups to free basic education and requests it to take measures to reduce the school drop-out rates of these children. The Committee requests the Government to provide information on the measures taken in that regard, including the results achieved.

Clause (b). Providing direct assistance for the removal of children from the worst forms of child labour and ensuring their rehabilitation and social integration. Child victims of trafficking and prostitution. The Committee previously noted that, under section 42 of the Act of 18 March 2003 on internal security, any person who is a victim of prostitution shall benefit from a system of protection and assistance, provided and coordinated by the administration in collaboration with the various social services. It also noted that section 43 of the Act of 18 March 2003 supplements section L.345-1 of the Code of Social Action and Families by providing that places in social integration and shelter centres shall be open to victims of trafficking in human beings under conditions which instil a sense of security.

The Committee duly notes the measures taken by the Government to ensure protection and assistance for child victims in the context of a criminal procedure. It notes that child victims of human trafficking and procuring may benefit from a number of rights, such as the right to social protection and financial assistance on their return. Furthermore, the Committee notes the Government’s indication that a working group on the protection and care of victims of human trafficking was established in December 2008 for the purpose of drawing up a national action plan to combat the trafficking of human beings. The Committee requests the Government to provide further information on the specific measures taken to ensure the rehabilitation and social integration of children under 18 years of age who are the victims of trafficking and prostitution and on the number of children who have benefited from these measures. It also requests the Government to continue providing information on the implementation of the national action plan to combat the trafficking of human beings and on the measures which will be taken under that plan to assist children under 18 years of age, with child participation.

Clause (d). Identification of children at special risk. 1. Isolated foreign minors. The Committee previously noted that the Children’s Defender presented, in June 2008, 25 recommendations on the care of isolated foreign minors, who are considered, under the Act of 5 March 2007, to be under the auspices of Child Protection. It noted that every year, around 4,000 of these minors, the majority originating from Africa, Eastern Europe and Asia, arrive without parents and frequently also without identification.

The Committee notes that the Government’s report contains no information on the implementation of the recommendations made by the Children’s Defender. However, it notes that, in its concluding observations of 22 June 2009 (CRC/C/FRA/CO/4, paragraphs 84–85), the CRC noted with concern that unaccompanied minors do not systematically benefit from social and education services and that they have no clearly defined legal status. Furthermore, the CRC expressed concern that these children are often returned to countries where they face risk of exploitation without a proper assessment of their conditions. The Committee requests the Government to take immediate and effective measures to protect isolated foreign minors from the worst forms of child labour and ensure their rehabilitation and social integration. It requests it to provide information on the measures taken in that regard.

2. Roma children. The Committee notes that, in its concluding observations of 22 June 2009 (CRC/C/FRA/CO/4, paragraph 101), the CRC expressed concern at the discrimination faced by children belonging to minority groups, especially travellers and Roma children, in particular with regard to the right to adequate housing and standard of living, education and health. Furthermore, the Committee notes that, according to the study carried out by the National Human Rights Advisory Committee (CNCDH) of 7 February 2008, entitled “Study and proposals on the situation of Roma and travellers in France”, available on the website of the CNCDH (www.cncdh.fr), the very large majority of Roma families would like their children to be enrolled in education, but numerous obstacles hinder their enrolment, such as the registration procedure at primary level which requires a registered address or proof of accommodation and the lack of a reception facility for foreign children not of French mother tongue. Furthermore, it notes that, among the obstacles to the education of Roma children, the study emphasizes the concern among Roma parents about being deported or separated from their children if their children are at school when they are deported from where they live. Considering that children belonging to ethnic minorities are particularly exposed to the worst forms of child labour, the Committee requests the Government to provide information on the measures taken to protect Roma children from the worst forms of child labour and in particular to ensure that these children have access to education.

Article 8. International cooperation. The Committee previously noted the information contained in the Government’s initial report on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC/C/OPSC/FRA/1), on the international cooperation and assistance measures and the specific measures adopted for young persons in transit facilities. It encouraged the Government to continue its international collaboration efforts aimed at prohibiting and eliminating the worst forms of child labour. Noting once again the lack of information contained in the Government’s report, the Committee strongly encourages the Government to take measures to strengthen its cooperation with the countries of origin of isolated foreign minors to facilitate the integration and rehabilitation of these children in their countries of origin. It requests the Government to provide information on the progress made in that regard.