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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 noted that section 176 of the Penal Code prohibited “promoting, encouraging or facilitating” prostitution in respect of children between 14 and 16 years of age. The Committee noted the information in the Government’s report that a Bill to amend the Penal Code to prohibit the use, procuring or offering of children under 18 years of age was before the National Assembly. The Committee expressed the firm hope that the Bill would soon be adopted and asked the Government to provide a copy of it as soon as it becomes law. The Committee notes with interest that Act No. 59/2007 of 4 September 2007 amends the Penal Code, and that section 174 of the Penal Code, as amended, penalizes the use, procuring or offering of minors between the ages of 14 and 18 for the purpose of prostitution and that section 171 of the Penal Code prohibits committing sexual acts, or leading another to practise sexual acts with a person under 14 years of age.

Article 6. National programmes of action. National Plan against Trafficking in Human Beings 2007–10. The Committee notes the information in the Government’s report that the Council of Ministers Resolution No. 81/2007 enacts the National Plan against Trafficking in Human Beings 2007–10 (NPT 2007–10). The Committee notes the information in the Government’s report to the Committee on the Elimination of Discrimination against Women (CEDAW) of 28 January 2008 that the NPT 2007–10 focuses on four strategic areas of intervention to address trafficking: (i) recognition and dissemination of information on the phenomenon; (ii) prevention, awareness raising and training; (iii) protection, support and integration of victims of trafficking; and (iv) criminal investigation and punishment of trafficking offenders (CEDAW/C/PRT/7, pages 12–13). The Committee requests the Government to provide information on the concrete measures taken pursuant to the National Plan against Trafficking in Human Beings 2007–10, and the results achieved following its implementation, with regard to combating the trafficking of children under 18 for the purpose of labour or sexual exploitation.

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 and assistance for their removal from these worst forms of child labour and for their rehabilitation and social integration. 1. Education. The Committee previously noted that, according to 2005 UNESCO statistics, only 87 per cent of girls and 79 per cent of boys attended secondary school. The Committee accordingly observed that 13 per cent of girls and 21 per cent of boys left school early. It noted that the Government was taking measures under the Integrated Education and Training Programme to encourage children to complete compulsory schooling and, in the case of children of 15 and over, it was taking measures to get them into education or training suited to their abilities and needs. The Committee also noted the information in the Government’s report that the number of children removed from the worst forms of child labour and included in education and training programmes was increasing by the year.

The Committee notes the information in the Government’s report that the Institute for Aid to Children (IAC), through the Education and Training for Integration Project, trained 50 at-risk young people in 2008. The Committee also notes that of these children, although seven dropped out of the programme, 32 were assessed and 15 completed the training process (with two children completing their sixth year of school, and 13 children completing their ninth year of school). The Committee further notes the Government’s indication that the Programme for the Prevention and Elimination of the Use of Child Labour (PETI) continued to provide flexible classes to approximately 1,980 minors involved or at risk for child labour during the 2008–09 year.

The Committee notes that, according to the information in the Government’s report from the Working Conditions Authority, the number of children who have dropped out of school and who run the risk of being engaged in child labour is declining: 3,522 children in 2005, 2,450 children in 2006, 2,704 children in 2007 and 1,796 children in 2008. However, the Committee notes the information in the UNESCO report entitled Education for All – Global Monitoring Report 2009 (UNESCO EFA Report) that there was a 9 per cent decrease in the gross enrolment rate in secondary school between the years 1999 and 2006, and that in 2006, the net enrolment rate for secondary education was 82 per cent, indicating that a full 18 per cent of children in Portugal left school early.

The Committee expresses its concern at the declining school enrolment rates for secondary education. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to redouble its efforts to improve the functioning of the education system, particularly by increasing school enrolment rates in secondary school and further reducing the school drop-out rates. The Committee also requests the Government to continue to take measures, within the Education and Training for Integration Project and the PETI, to encourage the completion of compulsory schooling and to ensure that children not enrolled in formal schooling have access to educational opportunities. It requests the Government to provide information on the number of children who have been effectively prevented from being engaged in the worst forms of child labour as a result of these programmes.

2. Commercial sexual exploitation. The Committee previously noted that the PETI had set up a working group on the worst forms of child labour whose terms of reference included a discussion of the nature and extent of sexual exploitation. The Committee also noted from reports of the IAC that, although it is not widespread, child prostitution does exist in Portugal. It requested the Government to pursue its efforts to prevent children under 18 years of age from becoming victims of sexual exploitation, particularly prostitution, and to provide assistance for the removal, rehabilitation and social integration of these children.

The Committee notes the information in the Government’s report that the IAC conducts regular visits to areas identified as “risk zones”, including 64 visits to an area traditionally associated with prostitution. The Committee also notes that, through these visits, the IAC identified 35 at-risk children, ten of which were engaged in prostitution. However, the Committee notes the Government’s statement that interventions to assist these children were difficult, as the majority of young persons identified by the IAC were only observed on one occasion. The Committee notes the Government’s indication that as a result of these visits, six cases were forwarded to competent institutions and that the IAC was monitoring one case of reintegration.

The Committee notes the information in the Government’s report to the CEDAW of 8 January 2008, that a process for locating, identifying and integrating victims of trafficking for sexual exploitation has been established. The Committee notes that the measures taken in this regard include referring victims of trafficking to shelters and initiatives to guarantee their integration in Portugal or to facilitate their repatriation (based on the preference of the victims), in addition to the provision of immediate psychosocial, legal and interpretation services by a multidisciplinary team. The Committee requests the Government to continue to take measures to provide for the necessary and appropriate assistance for the removal of children from commercial sexual exploitation and trafficking for this purpose. The Committee also requests the Government to take measures to provide for the rehabilitation and social integration of these children. In this regard, the Committee requests the Government to provide information on the number of children withdrawn from commercial sexual exploitation and trafficking for this purpose through these measures, and the number of children who benefit from rehabilitation and repatriation assistance.

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 the Government’s indication that several non-governmental organizations were implementing measures for the benefit of street children. The Committee noted the report by the IAC, that prevention and training measures have been taken for street children and that some 1,000 children benefited from the “Street Project”. It noted, however, that this report indicated that street children and children engaged in begging continued to be a problem in Portugal. The Committee notes the continuation of the activities of the IAC, through which 34 runaway minors (23 girls and 11 boys) were identified. The Committee notes that the majority of these children were between the ages of 14 and 16, and came from poor socioeconomic neighbourhoods. The Committee also notes that, through its visits to risk zones, the IAC identified 17 children engaged in begging. The Committee further notes that the IAC continues to carry out various measures to rehabilitate and socially integrate these children, including through the Street Project, and the Education and Training for Integration Project. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee encourages the Government to continue efforts to protect them from these worst forms, and to provide assistance in addition to their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard, and on the number of children reached through these measures.

Article 8. International cooperation. The Committee notes the detailed information in the Government’s report on its participation in international cooperation activities in conjunction with other Portuguese-speaking countries. The Committee notes that the Government supports a variety of projects that promote the education of children in Angola, Cape Verde, Guinea-Bissau, Mozambique, Sao Tome and Principe, and Timor-Leste. These programmes include projects to improve the school attendance rates and reduce drop-out rates (particularly among girl pupils), projects to provide school supplies to disadvantaged children, and projects to construct educational infrastructure. The Committee also notes that in Angola, the Government funded a programme that facilitates family and social reintegration for street women and children affected by prostitution, and that it funded a project in Cape Verde for the social reintegration of street children. The Committee further notes that the Government contributes to national efforts in the abovementioned countries, to strengthen the technical capacity of labour inspection institutions, and that training activities were carried out in this regard.

Parts IV and V of the report form. Application of the Convention in practice. 1. Trafficking. The Committee notes the Government’s indication in its report to CEDAW of 28 January 2008 that there is an increasing number of cases of trafficking for the purpose of sexual exploitation involving minors, and that this situation is expected to worsen further in the future (CEDAW/C/PRT/7, page 24). The Committee also notes the information in the UNODC 2009 report “Global Trafficking in Persons Report” that between 2003 and 2007, 12 children (three boys and nine girls) were identified by state authorities as victims of trafficking. The Committee further notes that the CEDAW, in its concluding observations of 1 April 2009, while noting the measures taken by the Government to combat trafficking in women and children, expressed concern at the continuing prevalence of this problem and the lack of information available on the prosecution and punishment of alleged perpetrators (CEDAW/C/PRT/CO/7, paragraph 34). The Committee requests the Government to redouble its efforts, within the framework of the National Plan against Trafficking in Human Beings 2007–10, to ensure in practice the protection of young persons under 18 years from trafficking, and to provide information on the number of infringements reported, investigations, prosecutions, convictions and penalties applied in this regard.

2. Information from the Working Conditions Authority. The Committee notes the information in the Government’s report that the Working Conditions Authority, between 2004 and 2008, recorded 37 children engaged in the worst forms of child labour, including five children in 2007 and six children in 2008. The Committee also notes that the Working Conditions Authority identified 362 children at risk for the worst forms of child labour between 2004–08, although this figure has declined steadily over this period. The Committee requests the Government to continue to provide information on the number of children working in, or at risk for, the worst forms of child labour, as recorded by the Working Conditions Authority. It also requests the Government to continue providing on the general application of the Convention, including samples or extracts of inspection service reports and information on the nature, extent and trends of the worst forms of child labour in addition to the number of children covered by the measures giving effect to the Convention.

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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.

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Article 3 of the Convention. The worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. (i) For sexual exploitation. In its previous comments, the Committee noted that section 176(2) of the Penal Code does not apply to young persons "under the age of 16 years". It requested the Government to take the necessary measures to prohibit the sale and trafficking of children between the ages of 16 and 18 years for sexual exploitation. In this respect, the Committee notes the information provided by the Government to the effect that the protection of young persons between 16 and 18 years of age against sale and trafficking for sexual exploitation is provided for in section 169 of the Penal Code. It also notes the Government’s indication that, under the terms of section 5(1)(b) of the Penal Code, as amended by Act No. 3/2004 of 22 July 2004, the crimes established, among others, in sections 169 and 176 of the Penal Code are of extraterritorial application.

(ii) For economic exploitation. The Committee observed previously that there appeared to be no legal provisions that specifically prohibited the sale and trafficking of young persons under 18 years of age for economic exploitation in Portugal. It requested the Government to indicate the measures taken to secure the prohibition of the sale and trafficking of children under 18 years of age for economic exploitation. The Committee notes the Government’s indication that the trafficking of young persons under 18 years of age for economic exploitation constitutes the crime of coercion (section 154 of the Penal Code), grave coercion (section 155 of the Penal Code) and slavery (section 159 of the Penal Code), and that these provisions accordingly prohibit the sale and trafficking of young persons under 18 years of age for economic exploitation.

Clause (b). The use, procuring or offering of a child for prostitution. The Committee had previously asked the Government to indicate whether sections 170 and 176 of the Penal Code prohibited the use, procuring or offering of a child under the age of 18 for prostitution. The Committee notes the Government’s response that:

n  section 176 prohibits "promoting, encouraging or facilitating" prostitution in respect of children between 14 and 16 years of age;

n  section 170 prohibits the "procurement" of persons over 16 if the procurement is for gain or pursued professionally.

The Committee recalls that Article 3(b) also refers to the use of a child under 18 for prostitution. The Committee accordingly requests the Government to indicate whether these provisions prohibit the use of a child under 18 for prostitution or whether there are any other provisions that do so.

2. The use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that section 172(3)(c) of the Penal Code, which penalizes the use of a child under the age of 14 years for pornographic photographs, films or recordings, only covers children "under the age of 14 years". It requested the Government to indicate the measures adopted to prohibit the use, procuring or offering of a child "under 18 years of age" for the production of pornography or for pornographic performances. The Committee notes the Government’s indication that section 173(2) of the Penal Code penalizes the use of a young person between 14 and 18 years of age for pornographic photographs, films or recordings.

Clause (d). Hazardous work. The Committee noted previously that section 60(2) of Act No. 99/2003 of 27 August 2003 issuing the Labour Code (the Labour Code) provides that the employment of young persons in work detrimental to their physical, psychological or moral development shall be prohibited or regulated by special legislative provisions. Furthermore, it noted that sections 116 to 121 of Act No. 35/2004 of 29 July 2004 issuing regulations under the Labour Code of 2003 (Act No. 35/2004 of 29 July 2004) determine the activities and working conditions prohibited for young persons. The Committee observed that neither the Labour Code nor Act No. 35/2004 of 29 July 2004 define the term "young person". In this respect, the Committee notes the Government’s indication that, under the terms of section 122 of the Civil Code, the age of majority is 18 years and that this concept applies to the provisions of the Labour Code and Act No. 35/2004 of 29 July 2004.

Article 4, paragraph 1. Determination of hazardous work. With reference to its previous comments, the Committee noted with interest the Government’s indication that the adoption of Act No. 35/2004 of 29 July 2004 was preceded by consultations with the organizations of employers and workers. It also notes that these consultations were held in two stages. Firstly, when preparing the draft legislation, the Government informed and consulted the organizations of employers and workers represented on the Standing Social Dialogue Commission of the Economic and Social Council. Subsequently, following the submission of the Bill to Parliament, it was published so as to enable employers’ and workers’ organizations to provide their views to the Parliamentary Assembly.

Article 5. Monitoring mechanisms. 1. The police. The Committee notes with interest the detailed information on the activities of the public authorities, and particularly the criminal police, the Ministry of the Interior and the courts, in relation to the implementation in practice of the provisions giving effect to the Convention. It notes in particular that the police forces have adopted measures to prevent and combat sex crimes involving young persons, particularly by providing training to police officers on these crimes. In this respect, the National Guard has established 23 special assistance units throughout the country. With a view to improving their effectiveness, the police officers attached to these units participate constantly in training activities, both in Portugal and abroad. Furthermore, the national police has 34 assistance units for the victims of crime, including sex crimes.

2. Labour inspection. The Committee notes the information on labour inspection provided by the Government. It notes in particular that the labour inspection services are collaborating with other governmental organizations and NGOs, including the Programme for the Prevention and Elimination of the Exploitation of Child Labour (PETI), the social partners and the National Confederation for Action on Child Labour (CNASTI).

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. With reference to its previous comments, the Committee notes the information provided by the Government on the activities of the Programme for the Prevention and Elimination of the Exploitation of Child Labour (PETI). PETI has 18 mobile multidisciplinary teams, composed of specialists in different fields. During the first stage, the specialists of the mobile multidisciplinary teams, together with the social security services, schools and commissions for the protection of children and young persons, undertake a diagnosis of the economic, family and school situation of the child worker. They then provide guidance to young persons towards the most appropriate solution or solutions, ranging from a return to regular school attendance to integration or the adoption of exceptional measures. The Committee also notes that, among the measures adopted by PETI, preventive measures are those relating to situations in which young persons are at risk of being engaged in the worst forms of child labour, such as selling drugs or prostitution. Noting that the activities of PETI during the years 2003 and 2004 covered 4,765 and 4,433 young persons, respectively, and that, in the same years, 1,182 and 1,588 preventive measures were adopted, the Committee requests the Government to continue its efforts to prevent young persons from being engaged in the worst forms of child labour. It also requests it to continue providing information on the measures adopted to prevent the engagement of children in the worst forms of child labour.

Clauses (b) and (c). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation, social integration and access to free basic education. 1. Programme for the Prevention and Elimination of the Exploitation of Child Labour (PETI). In its previous comments, the Committee requested the Government to provide information on the results achieved by PETI in removing children from the worst forms of child labour and providing for their rehabilitation and social integration. With regard to PETI, the Committee notes that, in addition to preventive measures, PETI also takes remedial measures for young persons already engaged in the worst forms of child labour. It notes that, during the years 2003 and 2004, some 1,281 and 1,355 remedial measures were adopted, respectively. The Committee requests the Government to provide detailed information on the remedial measures adopted for young persons during the years 2003 and 2004, particularly with regard to their rehabilitation and social integration. It also requests the Government to continue providing information on the measures adopted to withdraw children from the worst forms of child labour and provide for their rehabilitation and social integration.

2. Integrated education and training programme. The Committee previously requested the Government to provide information on the results achieved by the integrated education and training programme in terms of removing children from the worst forms of child labour and providing for their rehabilitation and social integration. In this respect, the Committee notes the information provided by the Government, particularly with regard to the action taken under this programme. The Committee notes that the number of young persons who have participated in the programme fell from 1,734 in 2003-04 to 1,710 in 2004-05, and that, in 2005-06, the Government estimates the number of participants at 2,300. The Committee requests the Government to continue its efforts to ensure access to primary and secondary education and to vocational training for young persons who have been removed from the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. 1. HIV/AIDS. In its previous comments, the Committee referred to the concluding observations of the Committee on the Rights of the Child on the second periodic report of Portugal in November 2001 (CRC/C/15/Add.162, paragraphs 40 and 41) in which, despite the launching of the Government’s health education programme to address the problem of HIV/AIDS, it expressed concern at the incidence of HIV transmission, including mother-to-child transmission, and the high incidence of AIDS (10.4 cases per 100,000) in the State party. The Committee observed that the HIV/AIDS pandemic has consequences on child victims of AIDS and orphans who may more easily be engaged in the worst forms of child labour, and it requested the Government to provide information on the measures adopted or envisaged through its national policy on HIV/AIDS to address the situation of children engaged in the worst forms of child labour. The Committee notes that, according to the statistics of the Ministry of Health for July 2005, the number of cases has declined in 2005. It also notes that the Government is taking measures against the pandemic. The Committee hopes that the Government will continue its efforts in this respect.

2. Street children. The Committee referred previously to the second periodic report that the Government submitted to the Committee on the Rights of the Child in February 2001 (CRC/C/65/Add.11, paragraph 552), in which it indicated that cases of trafficking in children are rare in Portugal, but that isolated cases had been detected in coastal areas, where abandoned children had been found. The Government added that several NGOs were adopting measures for the benefit of street children, who are priority targets for recruitment for sexual exploitation, prostitution and pornography. The Committee requested the Government to provide information on the measures taken by NGOs and their impact in terms of protecting street children against the worst forms of child labour, and particularly trafficking for sexual exploitation, prostitution and pornography. Noting the Government’s indication that information on the measures adopted by NGOs for the protection of street children are not currently available, the Committee hopes that the Government will provide such information to the Office as soon as possible.

Clause (e). Taking account of the special situation of girls. In its previous comments, the Committee requested the Government to provide information on the action taken by public and private bodies involved in protecting children and young persons at risk, with particular reference to girls. In this respect, the Committee notes the Government’s indication that such information is not available at the present time and that it will be provided to the Office as soon as possible.

Article 8. International cooperation and assistance. Further to its previous comments, the Committee notes with interest the detailed information provided by the Government on the various programmes of bilateral and multilateral cooperation in the field of social policy with African Portuguese-speaking countries, some of which relate to the elimination of the worst forms of child labour. It encourages the Government to continue its collaboration with these countries.

Parts IV and V of the report form. Application of the Convention in practice. The Committee takes due note of the information provided by the Government on the inspections carried out by the labour inspectorate between 1997 and 2005. It notes that, according to this information, the number of children working illegally is declining significantly. The Committee also notes that the criminal police carried out over 2,200 investigations between 2003 and 2004 on the crimes of the sexual exploitation and abuse of young persons. In 2004, five investigations were commenced concerning the offering and trafficking of young persons, and 103 persons were arrested and convicted for sexual crimes involving young persons. The Committee requests the Government to continue providing information on the manner in which the Convention is applied in Portugal and on any difficulties encountered in its application. It also requests it to provide copies or extracts of reports of the inspection services, studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number and nature of the infringements reported, investigations undertaken, prosecutions and convictions.

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The Committee takes note of the Government’s first and second reports. It requests the Government to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest the adoption of the new Labour Code in 2003 and Act No. 35/2004 of 29 July. The Committee also notes the adoption of the Plan for the Elimination of Exploitation of Child Labour (PEETI) in 1998, with the support of the National Council against the Exploitation of Child Labour, and the participation of workers’ and employers’ organizations (Council of Ministers Resolution No. 75/98 of 4 June). According to the Government’s report, the PEETI was created with the function of conceiving and proposing to the Government a set of measures capable of preventing child labour and removing children, through education and training programmes, from engagement in child labour. The Committee requests the Government to continue to provide information on the implementation of these measures as well as their impact on securing the prohibition and elimination of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. (i) For sexual exploitation. The Committee notes that under the terms of section 176(2) of the Penal Code, the trafficking in minors under the age of 16 years, for the purpose of sexual exploitation in other countries, is a crime. The Committee observes that section 176(2) covers minors "under the age of 16 years". It recalls that by virtue of Article 3(a) of the Convention, the sale and trafficking of children is prohibited for children "under the age of 18 years". Consequently, the Committee asks the Government to take the necessary measures to prohibit the sale and trafficking of children "under the age of 18 years". The Committee also asks the Government to indicate if the national legislation prohibits the sale and trafficking of children under the age of 18 years from another country to Portugal. If there is no legislative prohibition, the Government’s attention is drawn to Article 1 which requires immediate measures to secure the prohibition of this form of child labour as a matter of urgency.

(ii) For labour exploitation. The Committee observes that there appear to be no legal provisions that specifically prohibit the sale and trafficking of children less than 18 years of age for labour exploitation in Portugal. Consequently, it requests the Government to indicate the measures taken to secure the prohibition of the sale and trafficking of children less than 18 years of age for labour exploitation, in conformity with Article 3(a) of the Convention. If there is no legislative prohibition, the Government’s attention is drawn to Article 1 which requires immediate measures to secure the prohibition of this form of child labour as a matter of urgency.

2. All forms of slavery or practices similar to slavery, such as debt bondage, serfdom and forced or compulsory labour. The Committee notes that according to section 154 of the Penal Code, it is an offence to force another person to do or not do something, or to maintain an activity, by means of violence or of threat. It also notes that by virtue of section 159 of the Penal Code it is prohibited to: (a) reduce another person to the state or condition of slavery; or (b) transfer ownership of, sell or buy, a person with the intention of keeping that person in the situation of slavery.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that under section 1(4) of Act No. 174/99 on military service, military service in peacetime is based on voluntary recruitment. However, subsection (5) of section 1 provides for the obligations of Portuguese citizens concerning military recruitment. According to section 1(6), the period when citizens are subject to compulsory military service under subsection (5) runs from the first day of the year when the age of 18 is reached to the last day of the year in which the age of 35 is reached.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 170 of the Penal Code punishes anyone who professionally or for gain promotes, encourages or facilitates the prostitution or the practice of serious sexual acts by another person. It also notes that according to section 176(1) of the Penal Code, it is an offence to promote, encourage, or facilitate the prostitution of minors between 14 and 16 years of age. The Committee recalls that under the terms of Article 3(c) of the Convention, the use, procuring or offering of a child "under the age of 18 years" for prostitution is prohibited. The Committee therefore asks the Government to indicate if section 170 of the Penal Code prohibits the use, procuring or offering of a child under the age of 18 years for prostitution. If not, the Committee requests the Government to take steps to prohibit this form of child labour in respect of 18-year-olds as a matter of urgency.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 172(3)(c) of the Penal Code punishes anyone who uses a child under the age of 14 years in pornographic photographs, films or recordings. The Committee observes that section 172(3)(c) covers only children "under the age of 14 years". It reminds the Government that by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child under the age of 18 years for the production of pornography or for pornographic performances is prohibited. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child "under the age of 18 years"for the production of pornography or for pornographic performances, and to adopt appropriate sanctions.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that according to section 24(i) of the Decree-Law No. 15/93 of 22 January 1993, all the penalties established under sections 21, 22 and 23 of the Decree-Law must be increased by a quarter, inter alia, if minors are used in whatever manner, in committing crimes of trafficking or other illicit activities, including the transfer or concealment of goods and products. The Committee observes that the Decree-Law does not define the term "minor". Consequently, the Committee asks the Government to indicate if the term "minor" means a child under the age of 18 years.

Clause (d). Hazardous work. The Committee notes that section 3(2)(d) of the annex to Act No. 147/99, states that a child (a person under 18 years) is in danger when forced to perform activities or work which are excessive or inadequate for the child’s age, dignity and personal situation, or prejudicial to the child’s education or development. The Committee also notes that section 60(2) of the Labour Code of 2003, establishes the principle that the engagement in work detrimental to the physical, psychological or moral development of minors is prohibited or regulated by special legislation. Moreover, sections 116-121 of Act No. 35/2004 of 29 July, regulating the new Labour Code of 2003, include detailed provisions concerning activities, processes and conditions of work that are prohibited for minors. The Committee observes that neither the new Labour Code nor Act No. 35/2004 defines the term "minor". It consequently requests the Government to indicate whether the prohibition of hazardous work, under section 60(2) of the Labour Code of 2003 and under sections 116-121 of Act No. 35/2004 of 29 July, covers minors under 18 years of age, in accordance with Articles 2 and 3(d) of the Convention.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that sections 116-121 of Act No. 35/2004 of 29 July determine the types of hazardous work prohibited for minors. The prohibitions cover various elements, and include work activities, procedures and conditions entailing exposure to the following: activities such as animal slaughterhouse (section 116); physical agents like ionizing radiation (section 117), biological agents (section 118), chemical agents (section 119) like the ones that are classified generally in Portugal as being toxic, very toxic, explosive, extremely flammable or harmful, this item encompasses a wide range of chemical products. Section 120 of the Act No. 35/2004 further prohibits a minor to engage in such processes as the handling of strong acid and explosives. Section 121 enumerates various conditions of work that are prohibited for a minor, such as work where there is a risk of falling; handling of equipment for the production, storage or use of gases in compressed, liquid form or solutions; transport, driving or operations with vehicles, in particular tractors and earth-levelling or moving machines; work involving the release of free silica dust, in particular the use of sand-blasting equipment; pouring of molten metals; glass-blowing; work with buckets, tanks, reservoirs, flagons, or bottles containing classified chemical agents; work on airport runways; work in nightclubs. The Committee notes that the Labour Code also includes provisions setting conditions for minors concerning maximum hours (section 62); prohibition of overtime (section 64); restriction of night work (section 65) and rest period (sections 66-69).

The Committee asks the Government to indicate if, in determining the types of hazardous work, whether consultations with the employers’ and workers’ organizations were held in conformity with the provisions of this Article.

Paragraph 2. Identification of hazardous work. The Committee notes that the Government has provided no information with regard to this paragraph. It draws the Government’s attention to Article 4, paragraph 2, of the Convention according to which the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as hazardous exist. The Committee requests the Government to provide information on the measures taken to identify where the types of work so determined exist.

Article 5. Monitoring mechanisms. 1. Police. The Committee notes the Government’s indication that the criminal police authorities, the public prosecution service and the courts are responsible for enforcing the application of criminal laws on the prohibition of some of the worst forms of child labour. The Committee requests the Government to provide information on the work of criminal police authorities, the public prosecution service and the courts for the monitoring and effective implementation of the provisions giving effect to the Convention.

2. Labour inspection. The Government indicates that the Inspectorate-General of Labour is responsible for the enforcement of labour legislation and, in the case of regulatory offences, for the application of the related fines. Moreover, in the autonomous regions of the Azores and Madeira, the Inspectorate-General of Labour carries out the regional labour inspection services. The Committee takes note of the 2001 and 2002 PEETI reports, which include certain information on diagnosed cases and interventions. Moreover, referring to its observation made under the Labour Inspection Convention, 1947 (No. 81), the Committee notes with interest the intensification of inspection activities to combat child labour in collaboration with other institutions and organizations, such as the "surprise" inspections carried out since 1997 in enterprises considered at risk due to the branch of activity, the number of workers and the economic and social circumstances. It notes that the total number of "surprise" inspections increased considerably. A consultation with the social partners is envisaged with a view to revising the legislation in order to provide that young jobseekers under 18 years of age shall have completed the period of compulsory schooling and shall receive vocational training during the period covered by the employment contract. The Committee requests the Government to provide extracts or reports of inspection specifying the extent and nature of violations detected concerning children and young persons involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. Action programmes. The Committee notes the Government’s indication that there are various legislative measures and a number of action programmes focused on the protection of children. The objectives of some are broad, but others essentially target the elimination of child labour and the protection of children’s education. The Committee requests the Government to provide more information on the action programmes adopted to detect and prevent, as a priority, the worst forms of child labour, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups.

Article 7, paragraph 1. Penalties. The Committee notes that by virtue of section 176(2) of the Penal Code, trafficking in persons under 16 years of age also, for the purpose of engaging in prostitution in other countries, is a crime that is punishable by a prison term of one to eight years. It also notes that section 172(3)(c) of the Penal Code punishes anyone who uses a child under the age of 14 years in pornographic photographs by three years of imprisonment. Moreover, according to section 176(1) of the Penal Code, penal sanctions are imposed for some of the acts associated with prostitution; for example, promoting, encouraging, or facilitating the prostitution of minors between 14 and 16 years of age is punishable by six months to five years’ imprisonment. Under the terms of section 608(1) of the Labour Code, employing children in work prohibited to them work, which by its nature or the conditions under which it is performed, is harmful to the physical, mental or emotional development of minors, is prohibited or subject to certain conditions - it is an offence punishable by a prison term of up to two years. In addition, section 152(1) of the Penal Code specifically establishes that anyone who, having a minor working in his service, inflicts physical or mental abuse or cruel treatment, forces him/her to engage in hazardous, inhuman or prohibited activities, or subjects him/her to excessive workloads, is liable to a prison sentence of between one and five years. Under section 152(3), this sentence is aggravated in the event of serious harm to the minor’s health or the death of the minor. In such cases, the penalty is between two and eight years’ imprisonment respectively. The Committee requests the Government to provide information on how sanctions are applied in practice.

Paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes the Government’s information that the Act on the Protection of Young Persons at Risk (Act No. 147/99) and the actions carried out within the framework of PEETI contribute to the objectives set out in clauses (a) to (d) of Article 3 of the Convention. The Committee asks the Government to provide information on the concrete actions or measures taken to prevent the engagement of children in the worst forms of child labour.

Clauses (b) and (c). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration and access to free basic education. The Committee notes the Government’s indications that the objectives of the Plan for Eliminating Exploitation of Child Labour (PEETI), are the following: identify cases of dropping out of school and child labour; make parents, teachers and the general public aware of the importance of education in preventing the exploitation of child labour; facilitate the legal employment of children through agreements with employers’ associations; link up with other projects and the organizations that drive them, such as the Support Units for Integration in Active Life (Unidades de Apoio à Inserção na Vida Activa-UNIVAS), minimum guaranteed income centres, committees, for the protection of children and young people, with the AGIR and Young Volunteers for Solidarity programmes of the Portuguese Youth Institute. The Government also indicates that, to ensure that children and young persons removed from situations of exploitation of child labour are reintegrated wherever possible in normal school courses, an Integrated Education and Training Programme is providing education and training to help children under the age of 16 years in situations of child labour to complete their compulsory education. The Committee notes the efforts made by the Government related to education. It requests the Government to provide information on the results achieved by the Plan for Eliminating Exploitation of Child Labour (PEETI) and the Integrated Education and Training Programme with regard to removing children from the worst forms of child labour, and providing for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. 1. HIV/AIDS. In its concluding observations on the second periodic report of Portugal in November 2001 (CRC/C/15/Add.162, paragraphs 40 and 41), the Committee on the Rights of the Child noted the launching of the Government’s Health Education Programme to address, inter alia, HIV/AIDS. However, it remained concerned at the incidence of HIV transmission, including mother-to-child transmission, and at the high incidence of AIDS (10.4 cases per 100,000) in the state party. The Committee recommended that the Government continue to strengthen its HIV/AIDS prevention programmes, including safe sex education programmes and to increase interventions at the primary health-care level aimed at limiting mother-to-child transmission of HIV. The Committee observes that the pandemic of HIV/AIDS has consequences on child victims of AIDS and orphans who might more easily engage in the worst forms of child labour. The Committee asks the Government to provide information on the measures taken or envisaged through its national policy on HIV/AIDS to address the situation of children engaged in the worst forms of child labour.

2. Street children. In its report submitted to the Committee on the Rights of the Child in 2001 (CRC/C/65/Add.11, paragraph 552), the Government indicated that cases of trafficking in children are rare in Portugal. Isolated cases have been detected in coastal areas, where the children came from derelict backgrounds, sometimes without families. Given the particular nature of this phenomenon, there are strong reasons to suspect that the true scale of the traffic in children for the purposes of prostitution and pornography is not known. Accordingly, several non-governmental organizations (NGOs) are adopting measures for the benefit of street children, the group most targeted for recruitment for the purposes of sexual exploitation, prostitution and pornography. The Committee requests the Government to provide information on the measures organized by NGOs and their impact on protecting street children from the worst forms of child labour, and in particular, from the trafficking in children for the purposes of sexual exploitation, prostitution and pornography.

Clause (e). Take account of the special situation of girls. The Committee notes the Government’s information that the concern to take account of the special situation of girls, as potentially more exposed to risks of being involved in some of the worst forms of child labour, must be a criterion for action by public and private bodies involved in protecting children and young persons at risk. The Committee requests the Government to provide more information on the action taken by public and private bodies involved in protecting children and young persons at risk, regarding the special situation of girls.

Article 8. International cooperation and/or assistance. The Committee notes that Portugal is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also notes the Government’s information that it is engaged in technical activities, in particular in the area of social policies, with Portuguese-speaking African countries, and this includes a commitment to help in eliminating the worst forms of child labour. The Committee asks the Government to supply in its future reports any relevant information on international cooperation and/or assistance received to tackle the worst forms of child labour.

2. Regional cooperation. The Committee notes that the International Conference on Policies to Fight Child Labour Exploitation in Europe was held in Lisbon in February 2001, by the Portuguese Government in collaboration with ILO/IPEC. Government representatives from 22 European countries, trade unions and employers, NGOs, the Council of Europe, OECD and the European Union took part in a joint and pioneering effort to engage in global examination of the issue of child labour in Europe.

3. Anti-poverty project. The Committee notes the information provided by the Government according to which one of the objectives of the Plan for Eliminating Exploitation of Child Labour (PEETI), is to link up with other projects and the organizations that drive them, such as the anti-poverty project. The Committee requests the Government to provide more information on this anti-poverty project, in particular on any notable impact of such a project on eliminating the worst forms of child labour.

Parts IV and V of the report form. Practical application of the Convention. The Committee notes the detailed information on child labour provided by the Government. It also notes the study on the social characteristics of Portuguese families with school-age children, carried out by the Ministry of Labour and Solidarity with the support of ILO/IPEC in October 1998. The Committee notes nevertheless that the Government does not give an overview of the extent of the worst forms of child labour in the country. Consequently, the Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Portugal and any practical difficulties encountered in the application of the Convention, and also to supply copies or extracts from official documents including inspection reports, studies and inquiries and where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions, and penal sanctions. As far as possible such information and statistical data should include data disaggregated by sex, age group, occupation, branch of economic activity, status in employment, school attendance and geographical location.