Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Brazil (Ratification: 2000)

Article 7(1) of the Convention. Penalties. The Committee previously noted that Decree No. 6481 of 12 June 2008, which approves a detailed list of the worst forms of child labour, including types of hazardous work, did not provide for penalties in the case of violations of the Decree. It noted the Government’s indication that, at the administrative level, the labour inspectorate has punitive powers to punish offenders.

The Committee notes the Government’s indication that from January 2010 to June 2014, 3,817 cases of violations of Decree No. 6481 were registered under the Federal System of Labour Inspection. The Committee requests the Government to provide information on the specific penalties applied in the cases of violations of Decree No. 6481.

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. Following its previous comments, the Committee notes the Government’s information that there has been a rise in the rates of school enrolment in basic, primary and secondary levels as a result of effective policies for improving access to, and quality of, education as well as income support programmes, such as Bolsa Família.

The Committee notes that according to the National Household Survey of 2012: the school attendance rate of children aged 6–14 years remained the same at 98.2 per cent as recorded in 2011, while the school attendance rate for children aged 15–17 years increased from 83.7 per cent in 2011 to 84.2 per cent in 2012; and of the estimated 3.51 million children involved in child labour, 2.28 million were boys. Recalling the importance of education in preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to ensure educational access to all children, particularly boys, by placing emphasis on increasing the school enrolment rates and decreasing the drop-out rates at the secondary level. It requests the Government to provide information on the measures taken in this regard and on the results achieved, including statistical information disaggregated by age and sex on the school enrolment rates and attendance rates at the primary and secondary level.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for their removal from the worst forms of child labour and for their rehabilitation and social integration. Trafficking and commercial sexual exploitation of children. Following its previous comments, the Committee notes the Government’s information that the Ministry of Social Development and Fight Against Hunger has integrated within the National Plan for Combating Sexual Violence against Children, 2013, preventive and protective measures for children who are victims of sexual exploitation. The Government’s report also indicates that the Intersectoral Commission for Combating Sexual Violence against Children and Adolescents, which comprises several ministries and secretariats of State, continues to work systematically on simultaneous fronts of protection, justice and support to children and adolescents, including:

• -preventing and combating the commercial sexual exploitation of children and adolescents in the tourism sector;
• -coordinating actions to combat trafficking of children for purposes of sexual exploitation;
• -conducting national campaigns against the commercial sexual exploitation of children; and
• -addressing the issues of child pornography on the Internet and trafficking of children for sexual exploitation.

The Committee requests the Government to provide information on the impact of the measures taken by the various members of the Intersectoral Commission for Combating Sexual Violence against Children and Adolescents, including the ministries and the police in preventing and combating the commercial sexual exploitation of children and trafficking of children for sexual purposes, as well as the results achieved in terms of the number of children removed from these worst forms of child labour, and rehabilitated.

Clause (d). Children at special risk. Orphans and other vulnerable children due to HIV/AIDS. The Committee previously noted the Government’s indication that it has developed a national plan of action specifically for orphans and vulnerable children.

The Committee notes that the Government’s report does not contain any information on the implementation of this national action plan or any other action plan for orphans and vulnerable children. In this regard, the Committee notes that according to the UNAIDS Gap Report of 2014, Brazil is the country with the largest number of people living with HIV in Latin America. Moreover, the number of AIDS-related deaths is the highest in Brazil with an estimated 20,000 deaths from 2005 to 2013. Recalling that orphans and other vulnerable children affected by HIV/AIDS are at an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to take specific measures to protect these children from the worst forms of child labour and on the results achieved.