Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

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

The Committee takes note of the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (b) Use, procuring or offering of a child for prostitution. In its previous comments, the Committee asked the Government to indicate whether sections 170 and 176 of the Penal Code prohibit the use of children under 18 years of age for the purpose of prostitution, or whether other provisions in the national legislation lay down such a prohibition. The Committee notes the information sent by the Government to the effect that Bill No. 98/X to amend the Penal Code is currently before the National Assembly. It notes with interest that the Bill contains provisions prohibiting and penalizing the use, procuring or offering of children under 18 years of age for the purpose of prostitution, in accordance with this provision of the Convention. The Committee further notes that the Bill also regulates trafficking in persons, including children under 18 years of age, for the purposes of sexual and economic exploitation and child pornography. The Committee expresses the firm hope that the Bill will be adopted shortly. It asks the Government to provide information on progress in the Bill’s passage and to provide a copy of it as soon as it becomes law.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing children therefrom and ensuring their rehabilitation and social integration. 1. Sexual exploitation. With reference to its previous comments, the Committee notes the Governments information that the Programme for the Prevention and Elimination of the Use of Child Labour (PETI) has set up a working group on the worst forms of child labour whose terms of reference include discussion of certain aspects of the problem, including the nature and extent of sexual exploitation. The Committee also notes from two activity reports of the Institute for Aid to Children that, although it is not widespread, child prostitution does exist in Portugal. It requests the Government to pursue its efforts to: (1) prevent children under 18 years of age from becoming victims of sexual exploitation, particularly prostitution; (2) provide for the necessary and appropriate assistance for the removal of children from this worst form of child labour and to ensure their rehabilitation and social integration. The Committee also asks the Government to also provide information on the results obtained.

2. Education. The Committee notes that according to UNESCO statistics for the year 2005, 98 per cent of girls and boys attended primary school. However, the secondary school figures are 87 per cent for girls and 79 per cent for boys. The Committee accordingly observes that 13 per cent of girls and 21 per cent of boys left school early. It notes in this connection that according to the Government, measures are being taken under the Integrated Education and Training Programme to encourage children to complete compulsory schooling or, in the case of children of 15 and over, to get them into education or training suited to their abilities and needs. The Committee further notes the Government’s information that the number of children removed from the worst forms of child labour and included in education and training programmes is increasing by the year. However, according to the PETI data sent by the Government, the number of children who have dropped out of school and run the risk of being engaged child labour or who are employed in child labour, particularly its worst forms, stood at 3,970 in 2005 and 4,749 in 2006. The Committee considers that education contributes to preventing the employment of children in the worst forms of child labour, and strongly encourages the Government to increase the school enrolment rate and reduce the drop-out rate. It requests the Government to provide information on the results obtained.

Clause (d). Identifying children at special risk. Street children, begging and other circumstances that put children at risk. In its previous comments, the Committee noted that in its second periodic report submitted in February 2001 to the Committee on the Right’s of the Child (CRC/C/65/Add.11, paragraph 552), the Government indicated that several non-governmental organizations had taken measures for the benefit of street children. It requested the Government to provide information on the measures taken by the non-governmental organizations and their impact in terms of protecting street children from the worst forms of child labour. The Committee notes from the report on a street project by the Institute for Aid to Children, that prevention and training measures have been taken for street children. It further notes that some 1,000 children have benefited from the street project. It notes, however, that according to the report the problem still exists in the country and that children are engaged in begging or are exposed to other risks. The Committee points out that street children are particularly exposed to the worst forms of child labour, and encourages the Government to pursue its efforts to protect them from such labour. It asks the Government to continue to provide information on measures taken to this end.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that the number of children working illegally was declining significantly. It asked the Government to provide information on the manner in which the Convention is applied in Portugal. The Committee notes from the Government’s information that there has been an increase in the number of reports of children engaged in the worst forms of child labour. However, most of them are merely presumptions. The PETI received 113 such reports in 2005 and 126 in 2006. Of these, nine were confirmed for 2005 and seven for 2006. The Committee requests the Government to provide information on the application of the Convention in practice by sending samples or extracts of inspection service reports, studies or surveys and, if such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number and nature of offences reported, investigations held, legal proceedings brought and sentences handed down.