Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

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

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes with satisfaction that Act No. 21.444 of 9 April 2022 has amended section 72 of the Penal Code with a view to increasing the penalties for crimes involving minors. In this context, the following provisions have been introduced: (1) the minimum level of the penalty shall not apply to persons engaging in crimes committed with the participation of one or more children aged between 14 and 18 years; and (2) the penalty is increased by one degree for adults when the crime is committed with the participation of children under 14 years of age, while also maintaining the condition that the consent of the minor does not exempt the adult from the application of the penalty. The Committee requests the Government to provide information on the application in practice of new section 72 of the Penal Code in relation to the use, procuring or offering of children for illicit activities, including information on the number of investigations, prosecutions and convictions, and the nature of the penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Migrant children. The Committee notes with interest the information provided by the Government in its report on the application of the Minimum Age Convention, 1973 (No. 138), according to which, with the technical assistance of the ILO, the International Organization for Migration (IOM), the United Enterprise Network for Children and Young Persons and the Ministry of Welfare and Social Insurance, an exploratory study has been prepared on work by migrant boys, girls and young persons in Chile. From the information contained in the exploratory study, the Committee notes that it covers the vulnerabilities of migrant boys, girls and young persons exposed to child labour, including labour and sexual exploitation, and makes many recommendations which place emphasis on the urgency of filling legal voids, strengthening the labour inspection system, promoting school support services and developing intercultural education to prevent child labour in migratory contexts.

The Committee also notes that, according to the Government, Act No. 21.325 of 20 April 2021 was adopted on migration and foreign nationals, which sets out the principle of the higher interests of young persons, prohibits the imposition of penalties related to migration and establishes protection measures for boys, girls and young persons irrespective of their migratory situation and that of their parents.

The Committee also notes that, according to the Government’s report to the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), that: (1) the Migrant Children Programme, implemented by the National Migration Service, promotes regular migration of children in accordance with a rights-based approach, fostering their social inclusion and ensuring their access to healthcare, education and specialized protection systems. It also includes information days, educational materials and operational resources to manage residence permits and visas; (2) the programme of information days of the Support Migrant Women programme, launched in 2022, includes information days for migrant women addressing such subjects as free compulsory education for migrant children, prevention of the crime of trafficking in persons and residence permits for humanitarian reasons; and (3) education measures, such as the provisional school identifier mechanism and the granting of provisional enrolment, which ensure the right to preschool, basic and medium education for migrant children in an irregular migratory situation. In this context, it notes that 53.1 per cent of foreign students had access to the education system through this mechanism (CMW/C/CHL/FCO/2, of 14 June 2023, paras 55, 79 and 104). The Committee requests the Government to continue taking measures to prevent migrant children becoming victims of the worst forms of child labour. In this regard, it requests the Government to provide information on: (i) the action taken to follow up the recommendations of the Exploratory Study on work by migrant children and young persons in Chile; (ii) the specific measures taken to guarantee the access of migrant children to free basic education; and (iii) the results achieved, including the percentage of migrant children currently enrolled at school.

The Committee is raising other matters in a request addressed directly to the Government.