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Article 6 of the Convention. Programmes of action. 1. National Action Plan for Children. The Committee previously noted that the National Action Plan for Children (NAP), approved in 2002, was extended until 2007. It also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 10 July 2007, expressed concern at the absence of assessment and evaluation of the NAP (CRC/C/SVK/CO/2, paragraph 13). The CRC recommended that the Government ensure follow up and evaluation mechanisms for the NAP to regularly assess progress achieved and identify possible deficiencies (CRC/C/SVK/CO/2, paragraph 14). The Committee urged the Government to ensure the regular assessment of the progress achieved through the implementation of the NAP, and requested the Government to provide information on the impact of this programme on the elimination of the worst forms of child labour.

The Committee notes the information in the Government’s report that the governmental bodies responsible for the implementation of measures within the framework of the NAP provided regular reports on the progress achieved. The Committee also notes the information in the Government’s report that the National Action Plan for Children 2009–12 (NAP 2009–12) was approved by Government Resolution No. 94 of 28 January 2009. The NAP 2009–12 is divided into seven thematic areas, and includes measures to contribute to the application of the Convention. The Government’s report indicates that the NAP 2009–12 will be evaluated annually, and updated to reflect this evaluation. The Committee further notes the Government’s indication that a Ministerial Committee for Children, chaired by the Prime Minister, was established in
2009 and is responsible for ensuring the fulfilment of tasks pursuant to the NAP 2009–12. The Committee requests the Government to provide information on the specific measures taken within the framework of the NAP 2009–12 with respect to the effective elimination of the worst forms of child labour, and on the concrete results achieved, in its next report.

2. National Action Plan for Combating Human Trafficking 2008–10. The Committee previously noted the adoption of the National Action Plan for Fighting Trafficking in Persons in 2005, and noted the Government’s indication that 19 measures had been adopted within the framework of this Plan. The Committee notes the indication in the Government’s report to the UN Human Rights Council pursuant to the Universal Periodic Review of 5 May 2009 (UPR Report) that the National Programme to Combat Trafficking in Human Beings (2008–10) was approved in April 2008. The Government indicates in the UPR Report that the National Programme to Combat Trafficking in Human Beings (2008–10) is a comprehensive national strategy to combat trafficking, through the coordination of the activities of all stakeholders engaged in trafficking prevention and the provision of assistance to victims of human trafficking (A/HRC/WG.6/5/SVK/1, paragraph 83). The Committee also notes the Government’s statement in its UPR Report that human trafficking is a serious issue in Slovakia, and that the country is primarily a source country. The Government further indicates in the UPR Report that the incidence of trafficking is rising, and states that trafficking for the purpose of sexual exploitation often involves minors (A/HRC/WG.6/5/SVK/1, paragraph 82). In this regard, the Committee encourages the Government to pursue its efforts to take comprehensive measures to address the growing phenomenon of the trafficking of children. It requests the Government to provide information on the concrete measures taken within the framework of the National Programme to Combat Trafficking in Human Beings (2008–10) to prevent and eliminate the trafficking of children.

Article 7(1) and Part V of the report form. Penalties and application of the Convention in practice. Following its previous comments, the Committee notes the statistical information in the Government’s report from the Ministry of Justice which indicates that, in 2008, one person was convicted pursuant to section 181 of the Criminal Code, for the trafficking of children. The Government’s report also indicates that in 2008, seven persons were convicted pursuant to section 367 for “pimping”, and three persons were convicted for this offence in the first half of 2009, though the Committee observes that this data does not indicate whether these cases involved victims under the age of 18. The Government’s report further indicates that in 2008, three persons were convicted pursuant to section 368 of the Criminal Code for the production of child pornography, and that five persons were convicted pursuant to section 369, for the dissemination of child pornography.

The Committee also notes the information in the Government’s report that persons convicted of an offence under section 181 of the Criminal Code (for the trafficking of children) shall be subject to imprisonment for a period of between four and 25 years. However, the Committee notes the information available in the report on trafficking in persons in Slovakia, available from the web site of the Office of the High Commissioner of Refugees (www.unhcr.org) (Trafficking Report) that the majority of persons convicted of trafficking in 2008 were given suspended sentences and served no time in jail. Therefore, the Committee requests the Government to provide information on the measures taken to ensure that persons convicted for the trafficking of children receive sufficiently effective and dissuasive penalties, including imprisonment. It requests the Government to continue to provide information on the application of section 181 of the Criminal Code with regard to the trafficking of children, particularly the penalties applied.

Article 7(2). Effective and time-bound measures. Clause (b). Providing direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking. Following its previous comments, the Committee notes the indication in the 2009 UNODC Global Report on Trafficking in Persons that a national referral mechanism was established in 2008 to refer identified victims of trafficking to institutions that provide support services. This report also indicates that the Department of Trafficking in Human Beings, Sexual Exploitation and Support of Victims, (within the Crime Bureau of the police headquarters), maintains a central database on victims. The Committee also notes the information in the Trafficking Report that the Government allocated approximately $400,000 for all anti-trafficking efforts in 2008 (a significant increase from $91,000 allocated in 2007), and that more than half of this funding went towards victim assistance. The Committee further notes the information in this report that the Government contributed funding to a trafficking hotline run by the International Organization on Migration (IOM) that opened in June 2008 which provided information to persons vulnerable to trafficking and assisted trafficking victims. In addition, the Committee notes the information on the IOM web site that this organization is implementing projects to assist trafficking victims with repatriation and reintegration, as well as preventative activities aimed at specific groups, such as secondary school students and youth in foster care facilities. The Committee requests the Government to indicate the number of persons under the age of 18 removed from this worst form of child labour, and the number of child victims benefiting from the available rehabilitation and social reintegration services.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee previously noted the approval of the “Basic propositions of the Government policy concept for the integration of the Roma communities” which aimed to achieve integrated education of Roma children and youth. However, it also noted that the CRC, in its concluding observations of 10 July 2007, expressed concern that not all children from socially marginalized groups regularly attended school and that efforts to adapt instruction and schools to the learning conditions of children living far from schools, particularly Roma children, had yet to be completed (CRC/C/SVK/CO/2, paragraph 57).

The Committee notes the information in the Government’s report that Resolution No. 206 entitled “Concept for the education and upbringing of Roma children and pupils” was adopted on 2 April 2008. This document was drafted in consultation with the Ministry of Education and the governmental office on Roma communities, and includes a survey on the situation of pupils from socially disadvantaged backgrounds. The Government indicates that programmes of education in the Roma mother tongue on Roma language and culture are being piloted. The Government indicates that these programmes are limited by a lack of available teachers and low parental interest. The Committee also notes that the Government has implemented a Project of Roma Teaching Assistants, to assist Roma pupils in school. The Committee further notes the Government’s indication that the Minister of Labour, Social Affairs and Family is implementing the Programme of Support of the Development of Community Social Work in municipalities, with a focus on Roma communities.

However, the Committee notes that the Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations of 25 March 2010, expressed concern that, despite the various measures adopted by the Government to ensure equal access to quality education for Roma children, de facto segregation of Roma children in education continues (CERD/C/SVK/CO/6-8, paragraph 16). The CERD further expressed concern about the continued marginalization and precarious socio-economic situation of members of this minority, and the discrimination faced in several fields, including education (CERD/C/SVK/CO/6-8, paragraph 11). The Committee also notes the information from the IOM that Roma youth are particularly vulnerable to trafficking, and are a key group targeted in the IOM’s trafficking prevention initiatives. The Committee further notes the indication in the Trafficking Report that Roma women and girls are trafficked internally for sexual exploitation and Roma children are trafficked to Austria, Italy and Germany for the purpose of forced begging. The Committee expresses its concern at reports of the trafficking of Roma children, and urges the Government to redouble its efforts to protect this vulnerable group from this worst form of child labour. In this regard, the Committee requests the Government to strengthen its efforts within the framework of the “Concept for the education and upbringing of Roma children and pupils” to reduce the vulnerability of Roma children by facilitating their access to education. It also requests the Government to provide information on the results achieved through these measures, particularly with respect to increasing the school enrolment and completion rates and reducing school drop-out rates of Roma children.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee had noted that section 172 of the new Criminal Code deals with drug-related offences, including the production, import, export or transit of drugs, psychotropic substances and precursors. The Committee notes with interest the Government’s statement that section 172(2)(d) of the Criminal Code provides for a more severe penalty if the victim is a protected person. According to sections 127(1) and 139(1) of the Criminal Code, the definition of “protected person” includes a child, who is defined as a person under the age of 18 years.

Article 6 of the Convention. Programmes of action. The Committee had previously noted that the Government, through resolution No. 837 of 7 August 2002, had approved the National Action Plan for Children. The Committee notes the Government’s indication that the National Action Plan for Children has been extended to the years 2005–07, since its objectives and tasks require a longer term time frame. It also notes the Government’s information on the measures and legislation (Act No. 305/2005 on the Social and Legal Protection of Children and Social Curatorship) adopted with the view of increasing the protection of children and children in need of curatorship. However, the Committee notes the concern expressed by the Committee on the Rights of the Child, in its concluding observations of 10 July 2007, about the absence of assessment and evaluation of the implemented plan (CRC/C/SVK/CO/2, paragraph 13). Consequently, the Committee on the Rights of the Child recommended that the State party ensure follow-up and evaluation mechanisms for the full implementation of the National Action Plan for Children to regularly assess progress achieved and identify possible deficiencies (CRC/C/SVK/CO/2, paragraph 14). The Committee strongly urges the Government to take measures to ensure that the progress achieved by the implementation of the National Action Plan for Children is regularly assessed. It once again asks the Government to provide information on the concrete impact of these programmes on the effective elimination of the worst forms of child labour, and on the results attained.

Article 7, paragraph 1, and Part V of the report form. Penalties and application of the Convention in practice. The Committee notes the statistics dated 31 December 2006 provided by the Government on the cases detected with regard to various offences provided for in the Criminal Code. According to those statistics, 11 persons were convicted of trafficking in human beings (section 179), but none were convicted of trafficking of children (section 181). The Committee also notes that one person was convicted for the use, procuring or offering of a child for the production of pornography (section 368). Furthermore, three persons were convicted of crimes relating to the use, procuring or offering of persons for prostitution (section 367), but the Committee observes that there is no indication on whether these cases involved children or not. The Committee requests the Government to continue providing information on the application of the penalties provided for in the Criminal Code in practice which are related to the engagement of children under 18 years of age in the worst forms of child labour and, more specifically, the number and nature of infringements reported, investigations, prosecutions and convictions.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a), (b) and (e). Preventing the engagement of children in the worst forms of child labour, providing direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration, and taking account of the special situation of girls. In its previous comments, the Committee had noted that the Government was preparing the National Action Plan for Fighting Trafficking in Persons (FTP), which was to be approved by the end of 2005. It had also noted that the Government elaborated the National Action Plan for the Prevention and Elimination of Violence against Women (PEVW) for the years 2005–08. The Committee notes the Government’s statement that it has adopted 19 measures for the implementation of the National Action Plan for FTP in the years 2006 and 2007. Those measures include appointing the State Secretary of the Ministry of Interior to the position of National Coordinator for the fight against the trafficking of persons and establishing an expert group for the same purpose. Furthermore, Regulation No. 65/2006 was adopted on 28 December 2006 concerning the provision of a programme of support and protection for the victims of trafficking of human beings. The Committee also notes that, within the framework of this plan, the Council of the Government for Crime Prevention is responsible for the coordination and preparation of projects designed to prevent the trafficking of human beings, such as the projects currently being prepared in cooperation with regional coordinators of crime prevention and the International Organization for Migration that will be implemented in the regions bordering Ukraine. As for the National Action Plan for PEVW, the Committee notes the Government’s information that one of the objectives of the plan is to render assistance and protection to women who have experienced or are experiencing violence, including girls under the age of 18 years. The Government also indicates that the Ministry of Labour, Social Affairs and Family has designed a national strategy for the prevention and elimination of violence committed against women, including women who were trafficked for the purpose of sexual or economic exploitation. The Committee requests the Government to provide information on the number of children under 18 years who were effectively prevented or withdrawn from being engaged in trafficking for the purpose of sexual or labour exploitation.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee had previously noted that the Government, through resolution No. 498 of 26 May 2004, approved “the concept for the integrated education of Roma children and youth, including the development of secondary and tertiary schooling”. It had noted that the concept assumes, inter alia, the strengthening of pre-school education for the Roma children, increasing the educational level of Roma children, developing a system of educational counselling, teacher training and innovating study programmes. However, the Committee notes that the Committee on the Rights of the Child, in its concluding observations of 10 July 2007, expressed its concern that: (a) not all children from socially marginalized groups regularly attend school; and (b) efforts to adapt instruction and schools to the learning conditions of children living far from schools, particularly Roma children, have not been completed (CRC/C/SVK/CO/2, paragraph 57). The Committee therefore strongly encourages the Government to redouble its efforts to ensure that Roma children attend and stay in schools, so as to protect them from the worst forms of child labour. It requests the Government to provide information on progress made in this regard in its next report.

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Article 3 of the Convention. Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee had noted that section 172 of the new Criminal Code deals with drug-related offences, including the production, import, export or transit of drugs, psychotropic substances and precursors. The Committee notes with interest the Government’s statement that section 172(2)(d) of the Criminal Code provides for a more severe penalty if the victim is a protected person. According to sections 127(1) and 139(1) of the Criminal Code, the definition of “protected person” includes a child, who is defined as a person under the age of 18 years.

Article 6 of the Convention. Programmes of action. The Committee had previously noted that the Government, through resolution No. 837 of 7 August 2002, had approved the National Action Plan for Children. The Committee notes the Government’s indication that the National Action Plan for Children has been extended to the years 2005–07, since its objectives and tasks require a longer term time frame. It also notes the Government’s information on the measures and legislation (Act No. 305/2005 on the Social and Legal Protection of Children and Social Curatorship) adopted with the view of increasing the protection of children and children in need of curatorship. However, the Committee notes the concern expressed by the Committee on the Rights of the Child, in its concluding observations of 10 July 2007, about the absence of assessment and evaluation of the implemented plan (CRC/C/SVK/CO/2, paragraph 13). Consequently, the Committee on the Rights of the Child recommended that the State party ensure follow-up and evaluation mechanisms for the full implementation of the National Action Plan for Children to regularly assess progress achieved and identify possible deficiencies (CRC/C/SVK/CO/2, paragraph 14). The Committee strongly urges the Government to take measures to ensure that the progress achieved by the implementation of the National Action Plan for Children is regularly assessed. It once again asks the Government to provide information on the concrete impact of these programmes on the effective elimination of the worst forms of child labour, and on the results attained.

Article 7, paragraph 1, and Part V of the report form. Penalties and application of the Convention in practice. The Committee notes the statistics dated 31 December 2006 provided by the Government on the cases detected with regard to various offences provided for in the Criminal Code. According to those statistics, 11 persons were convicted of trafficking in human beings (section 179), but none were convicted of trafficking of children (section 181). The Committee also notes that one person was convicted for the use, procuring or offering of a child for the production of pornography (section 368). Furthermore, three persons were convicted of crimes relating to the use, procuring or offering of persons for prostitution (section 367), but the Committee observes that there is no indication on whether these cases involved children or not. The Committee requests the Government to continue providing information on the application of the penalties provided for in the Criminal Code in practice which are related to the engagement of children under 18 years of age in the worst forms of child labour and, more specifically, the number and nature of infringements reported, investigations, prosecutions and convictions.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a), (b) and (e). Preventing the engagement of children in the worst forms of child labour, providing direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration, and taking account of the special situation of girls. In its previous comments, the Committee had noted that the Government was preparing the National Action Plan for Fighting Trafficking in Persons (FTP), which was to be approved by the end of 2005. It had also noted that the Government elaborated the National Action Plan for the Prevention and Elimination of Violence against Women (PEVW) for the years 2005–08. The Committee notes the Government’s statement that it has adopted 19 measures for the implementation of the National Action Plan for FTP in the years 2006 and 2007. Those measures include appointing the State Secretary of the Ministry of Interior to the position of National Coordinator for the fight against the trafficking of persons and establishing an expert group for the same purpose. Furthermore, Regulation No. 65/2006 was adopted on 28 December 2006 concerning the provision of a programme of support and protection for the victims of trafficking of human beings. The Committee also notes that, within the framework of this plan, the Council of the Government for Crime Prevention is responsible for the coordination and preparation of projects designed to prevent the trafficking of human beings, such as the projects currently being prepared in cooperation with regional coordinators of crime prevention and the International Organization for Migration that will be implemented in the regions bordering Ukraine. As for the National Action Plan for PEVW, the Committee notes the Government’s information that one of the objectives of the plan is to render assistance and protection to women who have experienced or are experiencing violence, including girls under the age of 18 years. The Government also indicates that the Ministry of Labour, Social Affairs and Family has designed a national strategy for the prevention and elimination of violence committed against women, including women who were trafficked for the purpose of sexual or economic exploitation. The Committee requests the Government to provide information on the number of children under 18 years who were effectively prevented or withdrawn from being engaged in trafficking for the purpose of sexual or labour exploitation.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee had previously noted that the Government, through resolution No. 498 of 26 May 2004, approved “the concept for the integrated education of Roma children and youth, including the development of secondary and tertiary schooling”. It had noted that the concept assumes, inter alia, the strengthening of pre-school education for the Roma children, increasing the educational level of Roma children, developing a system of educational counselling, teacher training and innovating study programmes. However, the Committee notes that the Committee on the Rights of the Child, in its concluding observations of 10 July 2007, expressed its concern that: (a) not all children from socially marginalized groups regularly attend school; and (b) efforts to adapt instruction and schools to the learning conditions of children living far from schools, particularly Roma children, have not been completed (CRC/C/SVK/CO/2, paragraph 57). The Committee therefore strongly encourages the Government to redouble its efforts to ensure that Roma children attend and stay in schools, so as to protect them from the worst forms of child labour. It requests the Government to provide information on progress made in this regard in its next report.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee noted with interest that the new Criminal Code (Act No. 300/2005) and the Criminal Procedure Code (Act No. 301/2005) have been adopted in 2005 to enhance the protection of children against the worst forms of child labour. These Acts will enter into force on 1 January 2006. The Committee also noted the Government’s information that Act No. 305/2005, Coll. “on social and legal protection of children and on social curatorship and on amending and supplementing certain acts” has been adopted. The Committee asks the Government to provide a copy of Act No. 305/2005.

Article 3. The worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted that section 172 of the new Criminal Code deals with drug-related offences, including the production, import, export or transit of drugs, psychotropic substances and precursors. Subsection (3) provides for a higher penalty in case when a child under the age of 15 is a victim or involved in these drug-related offences. The Committee reminded the Government that the prohibition contemplated in Article 3(c) of the Convention applies to children under 18 years of age. The Committee accordingly requests the Government to indicate the measures taken or envisaged to extend the prohibitions currently in place for children under 15 to children under 18 years of age.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously asked the Government to provide information on the measures taken or envisaged to design and implement programmes of action to eliminate the worst forms of child labour as a matter of urgency, in consultation with the employers’ and workers’ organizations concerned. The Committee noted the Government’s information that an updated Comprehensive Programme to Combat Criminality was approved in 2003. This programme lists the main tasks of fighting criminality, including protection against child abuse. The Committee also noted that the Government, through resolution No. 837 of 7 August 2002, approved the National Action Plan for Children. The tasks of this Action Plan, in particular, include: education and training of children and youth; healthcare of children and youth; protection of children and youth against negative phenomena; the care provided to children living outside their own family; participation of children and youth in the court proceedings that affect them; and training of staff in different areas. The Committee requests the Government to provide information on the achievements and impact of these programmes on eliminating the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee noted that sections 179, 181, 182, 367, 368 and 172 of the Criminal Code establish sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting: the sale and trafficking in persons including children under the age of 18 for the purposes of sexual and labour exploitation; illegal exploitation of child labour; illegal deprivation of freedom; pimping; the use, procuring, offering or misuse of children for the production of pornography; and involving a child under the age of 15 in drug-related crimes. It also noted that section 17 of the Act on Labour inspection provides for dissuasive fines for violation of the labour legislation. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (b) and (e). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration and take account of the special situation of girls. The Committee had previously noted the concluding observations of the Committee on the Rights of the Child dated 23 October 2000 (document CRC/C/15/Add.140, paragraphs 49 and 50) expressing the concern that “Slovakia has become a transit country for the transport of children for pornography, prostitution and sex tourism”. It had also noted the statement of the International Confederation of Free Trade Unions (ICFTU) that “trafficking of women and girls for the purposes of forced prostitution is a serious problem and the Slovak Republic is a source, transit and destination country for the trafficking of women and children for the purposes of forced prostitution”. The Committee had asked the Government to communicate its observations on these comments. The Committee noted that the Government elaborated the National Action Plan for the Prevention and Elimination of Violence against Women for the years 2005–08. It also noted that the Government is preparing the National Action Plan for Fighting Trafficking in Persons, which it should approve by the end of 2005. To implement this Action Plan, the Government will appoint a national coordinator for the fight against trafficking in persons who will coordinate the activities of the responsible ministries, authorities and interested non-governmental and intergovernmental organizations. The Committee further noted the Government’s information that the trafficked persons are provided effective and comprehensive assistance that allows their social reintegration. It noted the existing cooperation of the Government with non-governmental and intergovernmental organizations in the areas of prevention and work with trafficked persons, including psychological and legal assistance and measures to integrate the trafficked persons into the society. The Committee asks the Government to keep it informed of the effective and time-bound measures taken to combat trafficking in persons and to provide rehabilitation and social integration to the victims of trafficking, in particular, girls trafficked for sexual exploitation. It also requests the Government to provide information on the progress made in the elaboration and implementation of the National Action Plan for Fighting Trafficking in Persons.

Parts IV and V of the report form. Application of the Convention in practice. The Committee noted the Government’s information that the department for trafficking in persons, sexual exploitation and support of victims of the police force of Slovakia in 2003, investigated 28 cases of trafficking in persons, of which 17 were settled. In 2004, it investigated 27 cases, of which 18 were cleared up. All solved cases were handed over to the prosecutor for further criminal court proceedings. The Committee requests the Government to continue to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements, investigations, prosecutions and convictions. In so far as possible, the information provided should be disaggregated by gender.

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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 that the new Criminal Code (Act No. 300/2005) and the Criminal Procedure Code (Act No. 301/2005) have been adopted in 2005 to enhance the protection of children against the worst forms of child labour. These Acts will enter into force on 1 January 2006. The Committee also notes the Government’s information that Act No. 305/2005, Coll. "on social and legal protection of children and on social curatorship and on amending and supplementing certain acts" has been adopted. The Committee asks the Government to provide a copy of Act No. 305/2005.

Article 3. The worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee notes that section 179 of the new Criminal Code prohibits the sale and the trafficking in persons for the purposes of prostitution, sexual exploitation, pornography, forced labour, slavery and slavery-like practices, removal of organs and other forms of exploitation. A higher penalty is provided when this offence is committed against protected persons, including children under the age of 18. The Committee takes due note of this information.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that section 182 of the new Criminal Code prohibits the illegal deprivation of freedom. A higher penalty is provided when this offence is committed against protected persons, including children under the age of 18. The Committee also notes that section 183 of this Code prohibits the illegal limitation of personal freedom. It further notes that section 181 prohibits the illegal exploitation of child labour. The Committee takes due note of this information.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee takes due note of the Government’s information that, under section 6, subsection (2) of the Compulsory Military Service Act, compulsory military service shall commence on 1 January of the year when the male citizen has reached the age of 18.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 367 of the new Criminal Code punishes any person who uses or offers prostitutes, facilitates prostitution or profits from it. A higher penalty is provided when this offence is committed against protected persons, including children under the age of 18. The Committee takes due note of this information.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee notes that section 368 of the new Criminal Code prohibits the use, procuring, offering or misuse of a child under the age of 18 for the production of pornography. The Committee also notes that section 369 prohibits spreading (making copies, transportation, acquisition and making accessible) of child pornography and section 370 prohibits having such pornographic materials in possession. The Committee takes due note of this information.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that section 172 of the new Criminal Code deals with drug-related offences, including the production, import, export or transit of drugs, psychotropic substances and precursors. Subsection (3) provides for a higher penalty in case when a child under the age of 15 is a victim or involved in these drug-related offences. The Committee reminds the Government that the prohibition contemplated in Article 3(c) of the Convention applies to children under 18 years of age. The Committee accordingly requests the Government to indicate the measures taken or envisaged to extend the prohibitions currently in place for children under 15 to children under 18 years of age.

Article 3, clause (d,) and Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted the Government’s information that a list of the types of work and workplaces that are prohibited to an adolescent employee (defined in the Labour Code as "an employee younger than 18 years of age") in accordance with the relevant directive of the European Union was being prepared by the Government under section 175(3) of the Labour Code. The Committee had asked the Government to supply a copy of the list once it has been adopted. The Committee notes that the new Regulation No. 286/2004 Coll. "on the list of works and workplaces that are prohibited to adolescent employees and on certain duties prescribed for employers in employing these adolescent employees" was adopted in 2004. This Regulation superseded the resolution No. 32/1967 of the Government concerning the list of types of work prohibited to women and juveniles. The Committee notes that the new Regulation contains a comprehensive list of hazardous types of work prohibited to adolescent employees, including work with dangerous physical, biological, chemical factors and technological processes. The Committee takes due note of this information.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously asked the Government to indicate measures taken to identify where the types of work determined as hazardous exist. The Committee notes that the Government has adopted a number of special regulations by which employees are protected against risks at work. Pursuant to section 8(1) of Act No. 330/1996 on safety and protection of health at work, the employer is obliged to observe the duties laid down by special regulations and to examine the dangers and hazards, to assess the risks and to work out a written document thereon for all employees, particularly with respect to special groups of employees, including adolescents. The Committee also notes the Government’s information that under Regulation No. 511/2004 "on the criteria for categorization of works from the aspect of health risks and on formalities of a proposal for placing works into categories", types of work are classified into four categories according to the presence of factors that may affect the health of employees and according to the health risk assessment. Proposals for placing types of work into categories are submitted to the competent health protection body by the employer or by the physician providing health services at work. The employer is obliged to notify the competent health protection body of any revision of the conditions of work performance, which could have an effect on the placement of types of work into the relevant category. The Committee further notes the Government’s indication that, pursuant to Act No. 272/1994 on health protection of people, the employer, in whose workplace a work involving risks to health is being carried out, is obliged to keep and make available records of every employee assigned to a risk-involving work. Only persons having good health can work in workplaces with increased risks to health. The Committee takes due note of this information.

Article 5. Monitoring mechanisms. The Committee had previously asked the Government to indicate which mechanisms have been established or designated to monitor the implementation of provisions giving effect to the Convention and to communicate detailed information on their functioning. The Committee notes that pursuant to Act No. 95/2000 on labour inspection, the National Labour Inspectorate and its subordinated regional labour inspection units monitor compliance with regulations on safety and health protection at work. Under section 13 of this Act, a labour inspector shall be, in particular, authorized to: enter freely at any time workplaces subject to labour inspection; perform checks, tests and investigations; demand presentation of documents and records; order elimination of ascertained deficiencies immediately or by a period determined by him; prohibit the use of working areas, machines, equipment and work which pose a direct threat to the safety and health of employees; prohibit overtime work, night work, work for women and adolescents if such are performed in violation of the pertinent provisions; submit proposals for imposition of penalties; and impose disciplinary penalties. The Labour Inspectorate is empowered to impose upon the employer a fine up to SKK 1 million for violation of labour legislation, including regulations on the conditions of work of adolescents. The Committee also notes the Government’s indication that, in accordance with the Criminal Code, law enforcement bodies act in cases establishing criminal offences. In particular, the department for trafficking in persons, sexual exploitation and support of victims of the Police force of Slovakia actively operates in the area of detection, investigation and prosecution of trafficking in persons. The Committee takes due note of this information.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously asked the Government to provide information on the measures taken or envisaged to design and implement programmes of action to eliminate the worst forms of child labour as a matter of urgency, in consultation with the employers’ and workers’ organizations concerned. The Committee notes the Government’s information that an updated Comprehensive Programme to Combat Criminality was approved in 2003. This programme lists the main tasks of fighting criminality, including protection against child abuse. The Committee also notes that the Government, through resolution No. 837 of 7 August 2002, approved the National Action Plan for Children. The tasks of this Action Plan, in particular, include: education and training of children and youth; healthcare of children and youth; protection of children and youth against negative phenomena; the care provided to children living outside their own family; participation of children and youth in the court proceedings that affect them; and training of staff in different areas. The Committee requests the Government to provide information on the achievements and impact of these programmes on eliminating the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that sections 179, 181, 182, 367, 368 and 172 of the Criminal Code establish sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting: the sale and trafficking in persons including children under the age of 18 for the purposes of sexual and labour exploitation; illegal exploitation of child labour; illegal deprivation of freedom; pimping; the use, procuring, offering or misuse of children for the production of pornography; and involving a child under the age of 15 in drug-related crimes. It also notes that section 17 of the Act on Labour inspection provides for dissuasive fines for violation of the labour legislation. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that compulsory education in Slovakia starts at the age of 6 and lasts ten years. It also notes that the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.140 of 23 October 2000, paragraph 45) acknowledged with appreciation that ten years of schooling is compulsory and free in Slovakia. The Committee takes due note of this information.

Clauses (b) and (e). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration and take account of the special situation of girls. The Committee had previously noted the concluding observations of the Committee on the Rights of the Child dated 23 October 2000 (document CRC/C/15/Add.140, paragraphs 49 and 50) expressing the concern that "Slovakia has become a transit country for the transport of children for pornography, prostitution and sex tourism". It had also noted the statement of the International Confederation of Free Trade Unions (ICFTU) that "trafficking of women and girls for the purposes of forced prostitution is a serious problem and the Slovak Republic is a source, transit and destination country for the trafficking of women and children for the purposes of forced prostitution". The Committee had asked the Government to communicate its observations on these comments. The Committee notes that the Government elaborated the National Action Plan for the Prevention and Elimination of Violence against Women for the years 2005-08. It also notes that the Government is preparing the National Action Plan for Fighting Trafficking in Persons, which it should approve by the end of 2005. To implement this Action Plan, the Government will appoint a national coordinator for the fight against trafficking in persons who will coordinate the activities of the responsible ministries, authorities and interested non-governmental and intergovernmental organizations. The Committee further notes the Government’s information that the trafficked persons are provided effective and comprehensive assistance that allows their social reintegration. It notes the existing cooperation of the Government with non-governmental and intergovernmental organizations in the areas of prevention and work with trafficked persons, including psychological and legal assistance and measures to integrate the trafficked persons into the society. The Committee asks the Government to keep it informed of the effective and time-bound measures taken to combat trafficking in persons and to provide rehabilitation and social integration to the victims of trafficking, in particular, girls trafficked for sexual exploitation. It also requests the Government to provide information on the progress made in the elaboration and implementation of the National Action Plan for Fighting Trafficking in Persons.

Clause (d). Identifying and reaching out to children at special risk. Roma children. The Committee had previously requested the Government to communicate information on the programme for the upbringing and education of Roma children and pupils, established by the Ministry of Education, and on the results attained. The Committee notes the detailed information in the Government’s report on the measures taken to address the issues of the Roma community. In particular, it notes that the Government has established the Office of the Plenipotentiary for Roma communities. The Committee also notes that the Government, through resolution No. 498 of 26 May 2004, approved "the concept for the integrated education of Roma children and youth, including the development of secondary and tertiary schooling". The concept assumes, inter alia, the strengthening of pre-school education for the Roma children, increasing the educational level of Roma children, developing a system of educational counselling, teacher training and innovating study programmes. The Committee takes due note of this information.

Article 8. International cooperation and assistance. 1. International cooperation. The Committee notes that Slovakia 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 that Slovakia has ratified the following international treaties: the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters; the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime; the Optional Protocol to the United Nations Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography.

2. Regional cooperation. The Committee notes that Slovakia has concluded an international treaty with the Czech Republic on the cooperation in fighting criminality, on the protection of public order and the protection of the state border, which entered into force on 24 February 2005. It also notes that Slovakia has concluded an international treaty with Austria on police cooperation, which entered into force on 1 July 2005. These agreements provide for cooperation in preventing and prosecuting crimes that concern, in particular, trafficking in persons, sexual abuse of children and child pornography. The Committee further notes the Government’s information that similar treaties will be concluded in the near future with Hungary, Poland and Ukraine.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that the department for trafficking in persons, sexual exploitation and support of victims of the police force of Slovakia in 2003, investigated 28 cases of trafficking in persons, of which 17 were settled. In 2004, it investigated 27 cases, of which 18 were cleared up. All solved cases were handed over to the prosecutor for further criminal court proceedings. The Committee requests the Government to continue to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements, investigations, prosecutions and convictions. In so far as possible, the information provided should be disaggregated by gender.

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The Committee takes note of the Government’s first and second reports. It also notes that a new Labour Code was adopted in 2001 and entered into force on 1 April 2002 - Act No. 311/2001, Collection of Laws and that the Criminal Code has been amended by Act No. 421/2002, Coll. and Act No. 171/2003, Coll. It requests the Government to provide additional information on the following points.

Article 1 of the Convention. While noting the detailed legal information communicated by the Government in its reports, the Committee stresses that this Article requires each Member which ratifies this Convention to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour - as defined under Article 3- as a matter of urgency. The Committee, consequently, asks the Government to provide a general overview of the measures taken to apply this Article.

Article 3. The Committee takes note of the information communicated by the Government in its first report concerning the provisions of the Criminal Code which define and punish crimes related to the worst forms of child labour as well as the information on the provisions of the governmental resolution No. 32/1967 concerning the "Principles for elaboration of lists of types of work and workplaces that are prohibited to women, pregnant women, to mothers until the ninth month after childbirth, and to juveniles". The Committee asks the Government to indicate if this governmental resolution is still in force and, if so, to provide the Office with a copy of it together with a copy of an updated version of the Criminal Code. The Committee also notes the information concerning the provisions of the Regulation of the Government of the Slovak Republic No. 204/2001, Collection of Laws, dated 23 May 2001, on the minimum safety and health requirements at Work with loads.

The Committee notes that the Government has provided no information as regards the measures taken to secure the prohibition and elimination of the worst forms of child labour with respect to each of the clauses (a) to (d) of this Article. The Committee therefore asks the Government to indicate, for each of the clauses (a) to (d), the measures taken or envisaged to secure the prohibition and elimination of the worst forms of child labour with regard to all persons under the age of 18.

The Committee notes that, under Article 3(c), the Government’s reports refer to provisions of the Criminal Code punishing illicit production and possession of a narcotic, psychotropic or toxic substance and its precursor, and trade with such substances, as well as dissemination of addiction to drugs, involving a person under the age of 18, but that it gives no information concerning the use, procuring or offering of a child for illicit activities. The Committee asks the Government to indicate which provisions, if any, prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, and to indicate the measures taken to secure the prohibition and elimination of such illicit activities involving children under the age of 18, in conformity with this Article of the Convention.

The Committee takes note of the concluding observations of the Committee on the Rights of the Child dated 23 October 2000 (document CRC/C/15/Add.140, paragraphs 49 and 50) expressing the concern that "Slovakia has become a transit country for the transport of children for pornography, prostitution and sex tourism". It also notes communication No. ELS/CH dated 16 November 2001 received from the International Confederation of Free Trade Unions (ICFTU) submitting comments on the application, among others, of the worst forms of child labour Convention in Slovakia. The Committee notes in particular the statement by the ICFTU that:

Trafficking of women and girls for the purposes of forced prostitution is a serious problem. [According to the ICFTU report,] The Slovak Republic is a source, transit and destination country for the trafficking of women and children for the purposes of forced prostitution. The victims come to the Slovak Republic from poorer central and eastern European countries, and Slovak women are reportedly trafficked to western Europe. The extent of the problem is unknown, but observers suggest that it is much greater than the number of documented cases.

The Committee asks the Government to communicate its observations on these comments.

Article 4, paragraph 1. The Committee notes the provisions of section 175(3), of the new Labour Code, according to which "lists of work and workplaces that are prohibited to an adolescent employee and to an employee at an age approximating the age of an adolescent employee, as well as more detailed conditions under which an adolescent employee may perform such work for reason of preparing for a vocation, shall be established by a government regulation". The Committee also notes from the Government’s second report that a list of work and workplaces that are prohibited to an adolescent employee in accordance with the relevant directive of the EU is being prepared by the Government, in conformity with section 175(3) of the new Labour Code. The Committee notes that the Government refers in its first report to the abovementioned governmental resolution No. 32/1967 and to a series of specific governmental regulations. It asks the Government to indicate if the organizations of employers and workers concerned have been consulted prior to the determination of the types of work referred to under Article 3(d), in conformity with these provisions of the Convention, and to supply a copy of all relevant legal texts mentioned in the Government’s reports and the list or work and workplaces that are prohibited to an adolescent employee in accordance with the relevant directive of the EU.

Paragraph 2. The Committee notes from the Government’s first report that the central state administration bodies (ministries) and the National Labour Inspectorate are competent to identify where the types of work determined by virtue of Article 4, paragraph 1, exist. The Committee asks the Government to indicate the measures taken by these authorities to identify where the types of work so determined exist and to communicate the results, and to indicate if the organizations of employers and workers concerned were consulted beforehand.

Paragraph 3. The Committee notes from the Government’s first report that the lists of types of work prohibited to juveniles, including departmental lists of types of work and workplaces prohibited to juveniles are regularly reviewed on the basis of new scientific and technological knowledge, in accordance with the abovementioned governmental resolution No. 32/1967. It notes that central authorities, acting in agreement with the Slovak Republic Ministry of Public Health, shall issue in their respective departments lists of types of work and workplaces that are prohibited for juveniles, and provide for updating and modification of the lists in accordance with new scientific and technological knowledge. It notes, furthermore, that all employers must, in accordance with the list of types of work and workplaces, prepare lists of types of work that are prohibited to juveniles, review them as necessary, and provably familiarize juvenile and other employees with such lists. The Committee asks the Government to indicate how the list of the types of work determined under paragraph 1 of this Article has been periodically examined, if the employers’ and workers’ organizations concerned have been consulted on this matter and to provide a copy of any revised list.

Article 5. The Committee notes the information communicated by the Government in its first report according to which the National Labour Inspectorate and its subordinated labour inspection units monitor compliance with regulations on safety and protection of health at work in accordance with Act No. 95/2000, Collection of Laws on Labour Inspection. The Committee notes that this Act was repealed by virtue of section 255, paragraph 1, of the abovementioned Act No. 311/2001, Collection of Laws - Labour Code. It therefore asks the Government to indicate which mechanisms have been established or designated to monitor the implementation of provisions giving effect to this Convention, and to communicate detailed information to them as well as information on their functioning, including any extract of reports or documents, in conformity with the requirements of this Article. Moreover, the Committee asks the Government to indicate if the employers’ and workers’ organizations were consulted beforehand.

Article 6. The Committee notes the information communicated by the Government in its first report according to which there are presently no programmes of action in the Slovak Republic toward removal of the worst forms of child labour, as the relevant legal regulations and international agreements binding upon the Slovak Republic sufficiently eliminate the potential occurrence of the worst forms of child labour in the country. The Committee recalls that paragraph 1 of this Article of the Convention requires that each Member design and implement programmes of action to eliminate as a priority the worst forms of child labour. In view of the concern expressed by the ICFTU over the existence of trafficking in children particularly for the purpose of sexual exploitation (see Article 3 above), the Committee asks the Government to indicate which measures it intends to take to design and implement such programmes of action as a matter of urgency, in consultation with relevant government institutions and employers’ and workers’ organizations, taking into consideration the views of other concerned groups as appropriate. The Committee draws the Government’s attention to Paragraph 2 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), according to which such programmes should aim at, inter alia, identifying and denouncing the worst forms of child labour, preventing the engagement of children in or removing them from the worst forms of child labour, (…) giving special attention to younger children, the girl child, the problem of hidden work situations, in which girls are at special risk and other groups of children with special vulnerabilities or needs, and identifying, reaching out to and working with communities where children are at special risk (…). In this respect, the Committee notes from the Government’s report that a programme has been established by the Ministry of Education for the upbringing and education of Roma children and pupils. It asks the Government to communicate further information on this programme and on the results attained.

Article 7. The Committee notes the information communicated by the Government in its reports concerning the criminal offences and penal sanctions related to the worst forms of child labour. Its asks the Government to indicate the measures taken in accordance with paragraph 1 of this Article to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, and to communicate information concerning the application of the penal sanctions referred to in the Government’s report. It also asks the Government to indicate the measures taken in accordance with paragraph 2 of this Article with regard to each of the clauses (a) to (e) of this paragraph and, if any of the measures are time-bound, to specify the time frame. As regards paragraph 3 of this Article, the Committee notes that the Government refers to Act No. 95/2000, Collection of Laws on Labour Inspection, which, as already noted above, was repealed by virtue of section 255, paragraph 1, of the abovementioned Act No. 311/2001, Collection of Laws - Labour Code. Consequently, the Committee asks the Government to indicate the authority or authorities responsible for the implementation of the provisions giving effect to this Convention, and by what methods such implementation is supervised.

Article 8. The Committee notes from the Government’s first report that, at the time of the report (July 2001), no measures had been taken in view of international cooperation and/or assistance aimed at giving effect to the provisions of the Convention. Referring to the Worst Forms of Child Labour Recommendation, 1999 (No. 190), in particular to its Paragraphs 11 and 16, the Committee draws the Government’s attention to the importance of such international cooperation and/or assistance in the identification and elimination of the worst forms of child labour, and requests it to communicate information on the steps taken or envisaged to give effect to this Article.

Part III of the report form. The Committee asks the Government to state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, to supply the text of these decisions.

Part IV. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the Slovak Republic, and to indicate any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed action against the worst forms of child labour.

Part V. The Committee asks the Government 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 reported, and penal sanctions applied.

The Committee asks the Government to indicate and to supply a copy of national laws and regulations which give effect to the new Labour Code in relation to the provisions of the Convention and of the Criminal Code as amended by Act No. 421/2002, Coll. and Act No. 171/2003, Coll.