Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Guernesey

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. Child prostitution. The Committee notes that Chapter XIII of the Sexual Offences (Bailiwick of Guernsey) Law, on the sexual exploitation of children makes it an offence to: (1) pay for sexual services of a child under the age of 18 years (section 67); (2) cause or incite sexual exploitation of a child under 18 in any part of the world (section 68); (3) control a child under 18 in relation to sexual exploitation (section 69); and (4) arrange or facilitate the sexual exploitation of a child under 18 (section 70). With regard to penalties, the Committee notes that, section 71 on penalties provides that: (1) a person guilty of an offence under section 67 against a child under 13, when there was penetration, is liable on conviction on indictment to imprisonment for life; (2) a person guilty of an offence under section 67 against a child under 16, when there was penetration, is liable on conviction on indictment to imprisonment for a term not exceeding 14 years; (3) a person guilty of an offence under section 67 against a child under 16, where the offence did not involve penetration is liable to imprisonment for a term not exceeding 2 years on summary convictions and a term not exceeding 14 years on conviction on indictment; (4) a person guilty of an offence under section 67, where the above-mentioned scenarios do not apply, is liable to imprisonment for a term not exceeding 2 years (or a fine not exceeding level 5 on summary conviction or a term not exceeding 7 years on conviction on indictment; and (5) a person guilty of an offence under sections 68 to 70, is liable to imprisonment for a term not exceeding two years (or a fine not exceeding level 5 on summary conviction or a term not exceeding 14 years on conviction on indictment.

The Committee notes with interest that the new Sexual Offences (Bailiwick of Guernsey) Law prohibits the use, procuring or offering of all children for prostitution regardless of age or gender (previously it protected only girls under the age of 16 years). The Committee requests the Government to provide information, including statistical data, on any investigations and prosecutions carried out and sanctions imposed for offences related to the use, procuring or offering of a child under 18 years for sexual exploitation under Chapter XIII of the Sexual Offences (Bailiwick of Guernsey) Law.

Child pornography. The Committee notes that section 105(1) of the Sexual Offences (Bailiwick of Guernsey) Law makes it an offence for a person to: (a) take or permit to be taken or to make any indecent image of a child; (b) distribute of show such indecent images; (c) have in one’s possession such indecent images, with a view to their being distributed or shown to others; or (d) publish or cause to be published any advertisement likely to be understood as conveying that the advertiser distributed or shows such indecent images, or intends to do so. On summary conviction, a person guilty of an offence under section 105(1) shall be liable to imprisonment for a term not exceeding two years (or a fine not exceeding level 5 or on conviction on indictment, to a term not exceeding ten years (or a fine or both). The Committee notes that, for the purposes of section 105(1) of the Sexual Offences (Bailiwick of Guernsey) the term “child” is not clearly defined. It therefore requests the Government to confirm that section 105(1) protects all children under the age of 18 years from being used, procured or offered for the production of pornography or pornographic performances.