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Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. 1. Sale and trafficking of children. The Committee previously requested the Government to provide a copy of the Law on Combating Human Trafficking of 2004. The Committee notes with interest that the Law on Combating Human Trafficking of 2004 prohibits the trafficking of children for the purpose of labour and sexual exploitation. Section 1 of the Law on Combating Human Trafficking contains a comprehensive definition of human trafficking, and section 3 specifies that if the victim of trafficking is under 18 years of age, the offender will be sentenced to the maximum sentence.
2. Forced or compulsory recruitment of children for use in armed conflict. Following its previous comments, the Committee notes that section 2 of the Public Conscription Act specifies that all Iranian males will be subject to conscription from 21 March of the year in which they turn 19 (i.e. at 18 years of age).
Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee previously noted that section 135 of the Law on Islamic Penalties, 1991, prohibits procuring (defined as bringing together two or more persons for the purpose of fornication or sodomy). Section 639 of the Islamic Penal Code of the Islamic Republic of Iran punishes anyone who manages a property where activities against public morals (such as prostitution) take place and anyone who encourages people to violate public morals. The Committee noted, however, that there appear to be no provisions specifically prohibiting the use or offering of a child under the age of 18 for prostitution, which pursuant to Article 3(b) of the Convention, constitutes one of the worst forms of child labour.
The Committee notes that section 3 of the Law on Supporting Children and Young Adults, dated 14 January 2003, states that any kind of sale, purchase, use or employing of a child to conduct an offence is forbidden. Section 1 of the Law on Supporting Children and Young Adults states that the Law applies to all individuals who have not yet reached the age of 18. The Committee requests the Government to indicate if the term “to conduct offences” in section 3 of the Law on Supporting Children and Young Adults encompasses the use and offering of a child for the purpose of prostitution.
2. Pornography or pornographic performances. The Committee previously noted that section 640 of the Law on Islamic Penalties punishes anyone who publicizes or circulates any picture, text, photo, drawing, article, newsletter, newspaper, movie, or any other thing that violates public morals. However, the Committee observed that the Law on Islamic Penalties did not prohibit the use, procuring or offering of a child for the production of pornography or pornographic performances.
The Committees notes the indication in the Government’s report that the State Welfare Organization (SWO) has not recorded any cases of the procuring or offering of a child for the production of pornography. While taking due note of this information, the Committee once again reminds the Government that, pursuant to Article 3(b) of the Convention, the use, procuring or offering of a person under 18 for use in the production of pornography constitutes one of the worst forms of child labour and that pursuant to Article 1, the Government must take immediate measures to secure the prohibition of the worst forms of child labour as a matter of urgency. The Committee accordingly urges the Government to take immediate measures to explicitly prohibit, in national legislation, the use, procuring or offering of a child for the production of pornography or for pornographic performances, in conformity with Article 3(b) of the Convention.
Clause (c). Use, procuring or offering of a child for illicit activities. Following its previous comments, the Committee notes that section 1 of the Anti-Narcotics Law of Iran (as amended in 1997) states that importing, exporting, producing, carrying, purchasing, distributing or selling any kind of narcotics is an offence. The Committee also notes that section 3 of the Law Supporting Children and Young Adults of 2003 states that it is prohibited to, inter alia, use or employ a child for the purpose of committing an offence. The Committee therefore observes that these provisions appear to prohibit the involvement of a child in drug-related offences. However, the Committee notes the Government’s statement in its report to the Universal Period Review of 18 November 2009 that in the past few years, due to the conflict in Afghanistan, the production and trafficking of narcotic drugs has increased several fold, and that almost 70 per cent of sentences in Iranian courts relate to drug offences (A/HRC/WG.6/7/IRN/1, paragraph 133). In this regard, the Committee notes the information in a United Nations Office on Drugs and Crime (UNODC) report entitled “Crime and Justice Situation in Iran”, available on the UNODC website (www.unodc.org) (UNODC Report), that children are trafficked from the Islamic Republic of Iran to Pakistan and Afghanistan to be used in drug trafficking. Recalling that the use, procuring or offering of a child for the production and trafficking of drugs constitutes one of the worst forms of child labour, the Committee urges the Government to take immediate measures to enforce the relevant provisions and ensure that children are not used for the purpose of drug trafficking in the growing illicit drug trade.
Clause (d). Hazardous work. Children working in the informal sector and self-employed children. In is previous comments, the Committee noted that the Labour Code appears to exclude work performed outside of a formal employment relationship, such as self-employment, from its scope of application. It also noted that, under the terms of section 189 of the Labour Code, a number of activities in the agricultural sector are exempted from the application of the Code. In addition, pursuant to section 188 of the Labour Code, workers in family enterprises are not subject to the provisions of the Code, and pursuant to section 191, small-scale enterprises with fewer than ten workers may be temporarily excluded from some of the Code’s provisions. Furthermore, according to paragraph 1 of section 1 of the Cabinet directive on the list of harmful jobs for individuals under the age of 18, work of children in traditional family enterprises of carpet making, weaving and knitting, and work in the wood industry are excluded from the list of the hazardous types of work. The Committee further noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 28 June 2000, expressed concern at the large number of children involved in child labour, especially in the informal sector, such as household enterprises and agriculture, many of whom were working in hazardous conditions (CRC/C/15/Add.123, paragraph 51).
The Committee notes the Government’s statement that the Labour Code applies to both the informal and formal sector. The Committee also notes the Government’s indication that, pursuant to section 98 of the Labour Code, labour inspectors may enter family workplaces, upon the permission of the Public Prosecutor. The Government also states that the SWO is now involved in the monitoring of labour activities in the formal and informal sectors. The Government states that some victims of child labour are trapped in the informal sector, and that the SWO reaches out to these children through the national initiative entitled “Social Urgency Scheme”. The Committee requests the Government to provide information on the number of children engaged in hazardous work in the informal sector who have been reached through the SWO’s Social Urgency Scheme. The Committee also requests the Government to provide information on inspections performed in family enterprises with regard to protecting children from hazardous types of work.
Articles 5 and 7(1). Monitoring mechanisms and penalties. The Committee previously noted that the Labour Inspection Department, under the Ministry of Labour and Social Affairs, was responsible for the implementation of regulations governing working conditions. The Committee requested the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year.
The Committee notes the statistical information in the Government’s report concerning the number of inspections carried out related to child labour, and the number of employers brought before judicial authorities. The Government indicates that, although 38,630 inspections were undertaken, and 15,226 citations issued, related to child labour, only two employers were brought before judicial authorities for their violations. Therefore, while noting that several cases of violations of child employment were detected by the labour inspectorate, the Committee notes with concern that persons who employ children in breach of the provisions giving effect to the Convention are not prosecuted as a rule. In this regard, the Committee reminds the Government that, by virtue of Article 7(1) of the Convention, ratifying countries are required to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application sanctions. The Committee accordingly requests the Government to take the necessary measures to ensure that persons found to be in breach of the provisions giving effect to the Convention are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, it requests the Government to continue to provide information on the number of violations related to the worst forms of child labour detected by the labour inspectorate, the number of persons prosecuted and the penalties imposed.
Article 6. Programmes of action. The Committee previously noted that the SWO had formulated a plan of action for working children. It requested information on this plan of action, and on any other programmes for the prevention of the worst forms of child labour.
The Committee notes the Government’s statement that one of the best ways to prevent the worst forms of child labour is to eradicate its root causes, namely poverty and family dissolution and that addressing poverty and homelessness among children will reduce the chances of children engaging in prostitution, pornography and other worst forms of child labour. In this regard, the Committee notes that the SWO, in implementing the National Action Plan for Children 2009, has provided services through 49 centres for children throughout the country. The Committee also notes the Government’s indication that a total of 15,202 children receive coverage from the SWO through houses for children and the placement of adolescents within alternative families. The Government further provides detailed information on the various initiatives of the SWO related to preventing the worst forms of child labour, such as the provision of life-skills training at all academic levels, providing basic minimum support to families in need, paying financial aid (through monthly stipends and academic and training grants), providing care to children without a head of the family and those in female-headed households, providing rehabilitation services to children without families, operating a recreational camp for children and paying school tuition fees for children under the supervision of the State and needy families. The Committee requests the Government to continue to supply information on the activities of the SWO related to preventing the engagement of children in the worst forms of child labour, and to provide information on the results achieved from these various initiatives.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to free basic education. The Committee previously noted that the SWO permitted the education of 10,913 students at various levels of studies. It also noted that net enrolment in primary education had steadily increased from 85 per cent in 1990 to 98 per cent in 2005, and that primary school drop-out rates had decreased from 13 per cent to 6.6 per cent in the same period. However, the Committee noted that the CRC expressed its concern, in its concluding observations of 31 March 2005 (CRC/C/15/Add.254, paragraph 59), that not all children are enrolled in or graduate from primary school. The CRC also expressed concern at the disparity that exists between boys and girls with regard to education, the high drop-out rates of girls in rural schools upon reaching puberty, and the long distances between homes and schools, which often keep girls at home.
The Committee notes the Government’s statement that it focuses on the education of young children and that, at present, 700,000 children are enrolled in kindergarten. The Government indicates that the Ministry of Education is bound to indentify and absorb all children of school-going age into classes. It states that the necessary educational conditions and facilities need to be provided to absorb children and prevent them from engaging in child labour, including the worst forms. The Committee also notes the statistical information provided with the Government’s report, indicating that in the 2009–10 school year there was a total of 48,617 secondary classes in the country (17,695 girls’ classes, 20,391 boys’ classes and 10,531 mixed classes). The Committee further notes the information in the Government’s report that the SWO is expanding the provision of pre-school education, in the hope of preparing children for further education and preventing future drop-outs. The Government also indicates that the SWO has opened a series of Centres for Children and Adolescents Intellectual Growth, which provide books, develop the libraries of other institutions and create rural and urban mobile centres for children. The Government operates 668 fixed centres and 57 mobile and urban centres, which count 330,674 girls and 275,674 boys as members.
While taking due note of this information, the Committee notes the information in the 2010 UNESCO Report entitled Education for All: Global Monitoring Report that in 2007, there remained 319,000 out-of-school children between the ages of six and ten. This report also indicates that while 89 per cent of boys transition from primary to secondary school, only 77 per cent of girls make this same transition. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to strengthen the functioning of the education system and to increase access to free basic education, paying particular attention to the situation of girls. The Committee requests the Government to provide information on the results achieved, particularly with regard to decreasing the number of out-of-school children and increasing the percentage of girls who transition from primary to secondary school.
2. Trafficking. The Committee previously noted that the CRC, in its concluding observations of 31 March 2005, expressed concern regarding reports of trafficking and sale of young persons under 18 years of age, particularly young girls from rural areas and the trafficking of young persons for the purpose of labour exploitation, from Afghanistan to the Islamic Republic of Iran (CRC/C/15/Add.254, paragraph 70). The Committee also noted a lack of advances made in trafficking prevention measures in the country.
The Committee notes an absence of information on this point in the Government’s report. However, the Committee notes the information in the compilation report of 29 November 2009, prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review of the Islamic Republic of Iran (UPR Report), that the Special Rapporteur on violence against women cited reports indicating a worrying increase in trafficking of girls and women, mostly in the eastern provinces where women are kidnapped, bought or entered into temporary marriage to be sold into sexual slavery (A/HRC/WG.6/7/IRN/2, paragraph 37). The Committee further notes the information in the UNODC Report that declarations of judicial and law enforcement officials in the country acknowledge the existence of organized criminal networks involved in the trafficking of human beings. The UNODC Report states that reports of the trafficking of children (Afghans, as well as Iranians) is of particular concern, specifically from the Islamic Republic of Iran to the Gulf Region littoral States for the purpose of sexual exploitation, and from the Islamic Republic of Iran to Pakistan and Afghanistan for the purpose of drug trafficking. The Committee expresses its concern at reports of the trafficking of boys and girls under 18 years of age, and regarding the lack of information on this point in the Government’s report. Therefore, the Committee once again urges the Government to take effective and time-bound measures to ensure that children under 18 years of age are prevented from becoming victims of trafficking for both commercial sexual exploitation and labour exploitation. It requests the Government to provide information on the concrete measures taken in this regard, in its next report.
Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee previously noted that the CRC, in its concluding observations of 31 March 2005 (CRC/C/15/Add.254, paragraph 64), expressed its concern about the large number of children living or working in the streets, at the lack of information on the extent and nature of the problem and that several centres for these children had been closed down. The Committee also noted that the prospect of forced early marriages was reportedly one of the underlying causes of a relatively recent phenomenon, that of runaway girls. The Committee also noted that the SWO was implementing a plan for the identification and placement of street children in 16 provinces. This plan included activities to prevent the abuse of street children, to provide primary facilities to these children (such as shelter, food and health and recreational services), and the adoption of the by-law of 17 July 2006 aimed at legalizing the topic of the protection of street children.
The Committee notes the Government’s statement that in 2009, 10,414 children were given accommodation through 49 Government-run centres. The Committee also notes the information in the Government’s report that the SWO has established a house for runaway and homeless girls, and one for unprotected runaway boys. The Government indicates that these homes no longer operate under their original names, but that cooperation continues for these projects, and that some activities to reach street children are carried out in bus shelters. The girls and boys from these houses may be sent to temporary centres, and depending on their family situation, may then be sent to permanent housing. The Committee further notes the Government’s statement that 7,312 children in situations of poverty and homelessness are under the jurisdiction of the SWO, and that these children are provided with a monthly dividend to allow them to pursue education or vocational training, to remove them from poverty and to prevent their engagement in child labour. Lastly, the Committee notes the Government’s indication that municipalities, in collaboration with NGOs are implementing a programme entitled “Rehabilitating Street Children”, which provides educational consultations and life-skills training to children. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to pursue its efforts, through the SWO, to protect such children from these worst forms. It also requests the Government to continue to provide information on the measures taken in this regard, including the number of street children reached through the SWO initiatives and the Rehabilitating Street Children programme.
Clause (e). Taking into account the special situation of girls. Centres for socially abused girls and women. The Committee previously noted that the SWO is responsible for protecting girls and women and provides them with services including social and psychological assistance and training. The Committee also noted the establishment of centres for rehabilitation for socially abused girls and women, and the establishment of girls’ health houses which provided food, clothes and educational services. The Government indicated that these initiatives had a positive influence on preventing girls from being engaged in the worst forms of child labour.
The Committee notes the Government’s statement that these centres continue to have a positive impact on preventing the engagement of girls in the worst forms of child labour. The Government indicates that both the girls’ health houses and the centres for rehabilitation offer vocational training and life-skills training. The Government also indicates that the Omid Mehr Foundation, an NGO, provides vocational training and hot meals to girls. Nonetheless, the Committee notes the information in the UPR Report that the Special Rapporteur on adequate housing expressed concern on the insufficiency of safe houses for runaway girls and street women in the country (A/HRC/WG.6/7/IRN/2, paragraph 64). The Committee expresses its concern at the inadequate services available to abused and runaway girls, who may be particularly vulnerable to the worst forms of child labour. It accordingly requests the Government to redouble its efforts to provide safe shelter for these children, and to provide for their rehabilitation and social reintegration. The Committee requests the Government to provide information on the number of girls under 18 reached through girls’ health houses, the centres for rehabilitation and the Omid Mehr Foundation’s activities.
Part V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s indication that the number of children involved in the worst forms of child labour was increasing. The Committee noted the Government’s data which indicated that the number of children involved in the worst forms of child labour increased by 35 per cent from 2004 to 2005. The Committee also noted that the CRC, in its concluding observations of 31 March 2005, expressed its concern at the lack of an adequate data collection mechanism in the Islamic Republic of Iran, which would allow for the systematic and comprehensive collection data in relation to children (CRC/C/15/Add.254, paragraph 16).
The Committee notes the Government’s indication that the General Office of Social Affairs, within the Ministry of Labour and Social Affairs, has undertaken to study the social causes which force children to work, and that it has collected statistics and data on this topic. The Committee also notes the annual results of the Project of Statistic Collection on the Labour Force submitted with the Government’s report. This data indicates that there were approximately 153,472 working children between the ages of 10–14 in 2008, and approximately 531,537 children between the ages of 15–19 working in specific activities. This information indicates that the number of working children is declining (a decline of 174,659 children aged 10–14, and a decline of 178,361 children between the ages of 15–19 working in specific sectors between 2005–08). Nonetheless, the Committee observes that this data is not disaggregated to indicate how many of these children are engaged in the worst forms of child labour. Therefore, the Committee requests the Government to take measures, including through the initiative of the General Office of Social Affairs, to ensure that sufficient data on the worst forms of child labour is made available, such as on the nature, extent and trends of the worst forms of child labour and on the number of children covered by the measures giving effect to the Convention. To the extent possible, all information provided should be disaggregated by sex and age.
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. The worst forms of child labour. Clause (a). All forms of slavery and practices similar to slavery. 1. Sale and trafficking of children. The Committee had previously noted that section 3 of the Law on the Protection of Children and Adolescents, 2002, prohibits the trafficking, exploitation, buying and selling of children (defined as persons under the age of 18) for the purpose of trafficking. It had also noted that, according to the Government’s initial report to the Committee on the Rights of the Child, the Islamic Republic of Iran enforces the Law concerning Aggravation of Punishment for Traffickers of Persons Across Borders and Use of Children for Trafficking of Illicit Drugs (CRC/C/41/Add.5 of 23 July 1998, paragraph 82). The Committee once again asks the Government to provide a copy of the Law concerning Aggravation of Punishment for Traffickers of Persons Across Borders and Use of Children for Trafficking of Illicit Drugs and any other legislation that prohibits the sale and trafficking of children below the age of 18 for the purpose of sexual or labour exploitation, along with its next report.
2. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, according to section 4 of the Public Conscription Act, persons are recruited for military service during the year they have reached the age of 19. The Committee once again asks the Government to provide a copy of the Public Conscription Act.
Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously noted that there appear to be no provisions specifically prohibiting the use or offering of a child under the age of 18 for prostitution. The Committee notes the Government’s statement that, under section 1173 of the Civil Code, a court may intervene if a child’s psychological fitness or moral education is in danger as a result of the parents’ moral deterioration or involvement of the child in indecent work such as prostitution. The Committee observes that, while this section concerns the offering of children for prostitution by their parents, the use or offering of children for prostitution by any other person still does not appear to be prohibited. It requests the Government to take immediate measures to ensure that the use, procuring or offering of children under 18 years of age for prostitution by any person is prohibited, as a matter of urgency.
2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that there appear to be no provisions prohibiting the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances. The Committee had recalled that, by virtue of Article 3(b) of the Convention, such activities are considered to be one of the worst forms of child labour. Noting the absence of information on this point, the Committee requests the Government to take immediate measures to ensure that the use, procuring or offering of children below the age of 18 years for the production of pornography or for pornographic performances is prohibited, as a matter of urgency.
Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee had noted the existence of the Law concerning Aggravation of Punishment for Traffickers of Persons Across Borders and Use of Children for Trafficking of Illicit Drugs. The Committee notes that, in its report, the Government refers to section 18(2) of the Anti-Narcotic Drug Law of 1988. It observes that, while section 18(2) of that law prohibits the causing of addiction to drugs, it does not prohibit the use, procuring or offering of a child for illicit activities, including the production and trafficking of drugs. The Committee once again requests the Government to indicate whether the Law concerning aggravation of punishment for trafficking of persons across borders and use of children for trafficking of illicit drugs prohibits the use, procuring or offering of a child under the age of 18 for illicit activities, in particular for the production and trafficking of drugs.
Clause (d). Hazardous work. Children working in the informal sector and self-employed children. In its previous comments, the Committee had noted that the Labour Code appears to exclude work performed outside the formal employment relationship, such as self-employment, from its scope of application. It had noted, too, that, under the terms of section 189 of the Code, a number of activities in the agricultural sector are exempted from the application of the Labour Code. The Committee had further noted that, according to section 188 of the Labour Code, workers in family enterprises are not subjected to the provisions of this Code. It had also noted that, under the terms of section 191, small-scale enterprises with fewer than ten workers may be temporarily excluded from some of the provisions of the Labour Code. Furthermore, the Committee had noted that, according to paragraph 1 of section 1 of the “Recueil de directives”, work of children in traditional family enterprises of carpet making, weaving and knitting, and work in the wood industry are excluded from the list of the hazardous types of work. The Committee had noted that the Committee on the Rights of the Child, in its concluding observations of 28 June 2000, expressed concern at the large number of children involved in child labour, especially in the informal sector, such as household enterprises and agriculture, many of whom were working in hazardous conditions (CRC/C/15/Add.123, paragraph 51). Moreover, according to the information provided by the Government in its report, the number of children involved in the worst forms of child labour is constantly increasing. The Committee requests the Government to take immediate measures to ensure that self-employed workers under 18 years of age and children under 18 working in the informal sector are protected against hazardous work. It also requests the Government to take immediate measures to ensure that children under 18 working in categories to which the Labour Code does not apply are protected against hazardous work as well.
Article 5. Monitoring mechanisms. The Committee had previously noted that, according to section 96 of the Labour Code, a Labour Inspection Department had been established under the Ministry of Labour and Social Affairs which, among other things, supervises the implementation of regulations governing working conditions. The Committee notes the information provided by the Government in its report that, in 2005, the Labour Inspection Department had assigned 25 additional labour inspectors and two statistical experts. The Committee once again requests the Government to provide further information on the activities of labour inspectors, including the number of workplaces investigated per year. It also once again asks the Government to provide information on the other mechanisms established to monitor the implementation of the penal provisions giving effect to the Convention.
Article 6. Programmes of action. The Committee notes the Government’s information that a plan of action for working children was formulated by the State Welfare Organization, which involves three strategic approaches: (a) providing technical and vocational training to children aged between 15 and 18 years involved in child labour and its worst forms; (b) encouraging working children to participate in general training classes to facilitate their acceptance in schools; and (c) providing the families of working children with job-creating facilities. The Committee requests the Government to continue to supply information on this plan of action and on any other programme of action for removing children from the worst forms of child labour and rehabilitating them.
Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Free basic education. The Committee notes the Government’s information that the Ministry of Education and the State Welfare Organization have adopted a plan to educate 1,100,000 illiterate children and young persons. The Government also indicates that the Technical and Vocational Education Organization has taken measures to ensure the education of children over 15 years of age and to provide educational services to children and their families who are identified by the State Welfare Organization. Furthermore, the Committee notes the Government’s information that the State Welfare Organization has performed activities which have permitted the education of 10,913 students at various levels of studies. It also notes that, according to the Report of the United Nations General Assembly on the situation of human rights in the Islamic Republic of Iran of 1 October 2008, net enrolment in primary education steadily increased from 85 per cent in 1990 to 98 per cent in 2005. In the same period, primary school drop-out rates decreased from 13 per cent to 6.6 per cent (A/63/459, paragraph 17). However, the Committee notes that the Committee on the Rights of the Child expressed its concern, in its concluding observations of 31 March 2005 (CRC/C/15/Add.254, paragraph 59), that not all children are enrolled in or graduate from primary school. Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee requests the Government to provide more detailed information on these measures and, more specifically, on the results achieved by these measures to ensure that children attend and stay in school. The Committee also asks the Government to provide, in its next report, updated statistical information on the enrolment and drop-out rates in schools.
2. Trafficking. The Committee notes that, in its concluding observations of 31 March 2005, the Committee on the Rights of the Child expressed its concern about reports of trafficking and sale of young persons under 18 years of age, and particularly young girls from rural areas (CRC/C/15/Add.254, paragraph 70). The Committee on the Rights of the Child also expressed its concern at the reports of the trafficking of young persons for the purpose of exploitation, including for labour exploitation, from Afghanistan to the Islamic Republic of Iran. According to the information available at the Office, there appear to be no advance in trafficking prevention measures in the Islamic Republic of Iran. The Committee requests the Government to take effective and time-bound measures to ensure that children under 18 years of age, and particularly young girls, are prevented from being engaged in trafficking for both commercial sexual exploitation and labour exploitation. It requests the Government to provide information on the progress made in this regard.
3. Centres for socially abused girls and women. The Committee had previously noted that the “Executive Regulations of the Centre for Protection and Rehabilitation Regarding Girls and Women who are Endangered by Acute Social Abuse”, adopted in 1997, provide that the State Welfare Organization will protect girls and women and deliver services such as social and psychological assistance, training and creating employment opportunities. The Committee had also noted that a project for the establishment of rehabilitation centres for socially abused girls and women was established. It notes the Government’s statement that, in addition to the rehabilitation centres for vulnerable women and girls, the State Welfare Organization has also established “Centres for Interference in Crisis”, which provide services to girls who suffer social problems and attempt to return them to their families. Girls who are not returned to their families stay in these centres for a period of 21 days and are then sent to “Girls Health Houses” for rehabilitation and provision of food, clothes and educational services. The Government indicates that these measures have had a positive influence on preventing children, and mostly girls, from being engaged in the worst forms of child labour. The Committee requests the Government to continue to provide information on such measures and on the number of children effectively prevented from being engaged in the worst forms of child labour as a result.
Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee had previously noted the issue of street children, and other children who work in the streets. It had noted that the prospect of forced early marriages are reportedly one of the underlying causes of a relatively recent phenomenon, that of runaway girls. The Committee had also noted that the problem of runaway girls had reached such proportions that, in 1999, Tehran and other cities established a network of shelters. Furthermore, it had noted that a project concerning street children was established in 1998 by the Office of Social Affairs and that, since 2001, there has been a plan for gathering the street children in order to create employment opportunities for them or return them to their families.
The Committee notes that, in its concluding observations of 31 March 2005 (CRC/C/15/Add.254, paragraph 64), the Committee on the Rights of the Child once again expressed its continued concern about the large number of children living or working in the streets, particularly in urban centres such as Tehran, Isfahan, Mashhad and Shiraz. The Committee on the Rights of the Child also expressed its regret that the State party could not present studies on the extent and nature of the problem and its concern that the centres known as “Khaneh Sabz”, “Khaneh Shoush” and “Khaneh Reyhane” homes have been closed down. The Committee notes the Government’s information that the State Welfare Organization has implemented a plan for the identification and placement of street children in 16 provinces. In the context of this plan, many activities have been undertaken: (a) preventing street children from being abused; (b) preparing facilities which offer street children shelter, food, health services and recreation; and (c) the adoption of the bye-law of 17 July 2006 aimed at legalizing the topic of the protection of street children with the participation of all the concerned bodies, including the Ministry of Justice, the municipality, the Ministry of Labour and Social Affairs, the Ministry of Health and the Ministry of Education. The Government indicates that, in 2004, 34 centres for street children received 14,269 children and provided them with 100,516 services and that, in 2005, these centres received 4,403 children and provided them with 30,821 services. The Government also indicates that, as of 2006, there were 42 centres for street children. Furthermore, the Committee notes the Government’s information that, in 2004, the nine shelters established in the context of the Health Hotel Project, implemented in 2002 for the purpose of providing protection to working and street children and increasing their educational and professional skills, received 1,384 children and provided them with 6,995 services. In 2005, the shelters received 784 children and provided them with 5,488 services. The Committee points out that street children are particularly exposed to the worst forms of child labour and strongly encourages the Government to pursue its efforts to protect them from such worst forms. It also requests the Government to continue to provide information on these and other measures to protect street children, including runaway girls, from the worst forms of child labour and on the results attained.
Clause (e). Taking into account the special situation of girls. The Committee notes that the Committee on the Rights of the Child expressed its concern, in its concluding observations of 31 March 2005 (CRC/C/15/Add.254, paragraph 60), at the disparity that exists between boys and girls with regard to education, the high drop-out rates of girls in rural schools upon reaching puberty, and the long distances between homes and schools, which often keep girls at home. The Committee requests the Government to take effective and time-bound measures to ensure that the special situation of girls with regard to their education is taken into account, so as to protect them from the worst forms of child labour.
Part V of the report form. Application of the Convention in practice. The Committee takes note of the statistical data provided by the Government in its report. According to this data, the number of children involved in the worst forms of child labour increased by 35 per cent from 2004 to 2005. However, the Committee notes that the Committee on the Rights of the Child, in its concluding observations of 31 March 2005, expressed its concern at the lack of an adequate data-collection mechanism in the Islamic Republic of Iran, which would allow for the systematic and comprehensive collection of disaggregated quantitative and qualitative data in relation to children (CRC/C/15/Add.254, paragraph 16). The Committee urges the Government to take measures to ensure that sufficient and detailed data on the worst forms of child labour is available, such as on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. The Committee requests the Government to provide such information, as well as copies or extracts from official documents including inspection reports, studies and inquiries and the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information should be disaggregated by sex.
Clause (d). Hazardous work. Children working in the informal sector and self-employed children. In its previous comments, the Committee had noted that the Labour Code appears to exclude work performed outside the formal employment relationship, such as self-employment, from its scope of application. It had noted, too, that, under the terms of section 189 of the Code, a number of activities in the agricultural sector are exempted from the application of the Labour Code. The Committee had further noted that, according to section 188 of the Labour Code, workers in family enterprises are not subjected to the provisions of this Code. It had also noted that, under the terms of section 191, small-scale enterprises with fewer than ten workers may be temporarily excluded from some of the provisions of the Labour Code. Furthermore, the Committee had noted that, according to paragraph 1 of section 1 of the “Recueil de directives”, work of children in traditional family enterprises of carpet‑making, weaving and knitting, and work in the wood industry are excluded from the list of the hazardous types of work. The Committee had noted that the Committee on the Rights of the Child, in its concluding observations of 28 June 2000, expressed concern at the large number of children involved in child labour, especially in the informal sector, such as household enterprises and agriculture, many of whom were working in hazardous conditions (CRC/C/15/Add.123, paragraph 51). Moreover, according to the information provided by the Government in its report, the number of children involved in the worst forms of child labour is constantly increasing. The Committee requests the Government to take immediate measures to ensure that self-employed workers under 18 years of age and children under 18 working in the informal sector are protected against hazardous work. It also requests the Government to take immediate measures to ensure that children under 18 working in categories to which the Labour Code does not apply are protected against hazardous work as well.
The Committee notes that, in its concluding observations of 31 March 2005 (CRC/C/15/Add.254, paragraph 64), the Committee on the Rights of the Child once again expressed its continued concern about the large number of children living or working in the streets, particularly in urban centres such as Tehran, Isfahan, Mashhad and Shiraz. The Committee on the Rights of the Child also expressed its regret that the State party could not present studies on the extent and nature of the problem and its concern that the centres known as “Khaneh Sabz”, “Khaneh Shoush” and “Khaneh Reyhane” homes have been closed down. The Committee notes the Government’s information that the State Welfare Organization has implemented a plan for the identification and placement of street children in 16 provinces. In the context of this plan, many activities have been undertaken: (a) preventing street children from being abused; (b) preparing facilities which offer street children shelter, food, health services and recreation; and (c) the adoption of the by‑law of 17 July 2006 aimed at legalizing the topic of the protection of street children with the participation of all the concerned bodies, including the Ministry of Justice, the municipality, the Ministry of Labour and Social Affairs, the Ministry of Health and the Ministry of Education. The Government indicates that, in 2004, 34 centres for street children received 14,269 children and provided them with 100,516 services and that, in 2005, these centres received 4,403 children and provided them with 30,821 services. The Government also indicates that, as of 2006, there were 42 centres for street children. Furthermore, the Committee notes the Government’s information that, in 2004, the nine shelters established in the context of the Health Hotel Project, implemented in 2002 for the purpose of providing protection to working and street children and increasing their educational and professional skills, received 1,384 children and provided them with 6,995 services. In 2005, the shelters received 784 children and provided them with 5,488 services. The Committee points out that street children are particularly exposed to the worst forms of child labour and strongly encourages the Government to pursue its efforts to protect them from such worst forms. It also requests the Government to continue to provide information on these and other measures to protect street children, including runaway girls, from the worst forms of child labour and on the results attained.
Article 3 of the Convention. The worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee notes that section 3 of the Law on the Protection of Children and Adolescents, 2002 prohibits the trafficking, exploitation, buying and selling of children (defined as persons under the age of 18) for the purpose of trafficking. It also notes that, according to the Government’s initial report to the Committee on the Rights of the Child (CRC/C/41/Add.5 of 23 July 1998, paragraph 82), the Islamic Republic of Iran enforces the Law concerning Aggravation of Punishment for Traffickers of Persons Across Borders and Use of Children for Trafficking of Illicit Drugs. The Committee notes the Government’s indication that, to this end, the Islamic Republic of Iran has concluded bilateral agreements, and in cases of illicit transfer of children returns the child that has been brought to the Islamic Republic of Iran illegally. The Committee asks the Government to provide a copy of the Law concerning Aggravation of Punishment for Traffickers of Persons Across Borders and Use of Children for Trafficking of Illicit Drugs and any other legislation that prohibits the sale and trafficking of children below the age of 18 years for the purpose of sexual or labour exploitation.
2. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, under the terms of article 151 of the Constitution, the Government is obliged to provide a programme of military training, with all requisite facilities, for all its citizens, in accordance with the Islamic criteria, in such a way that all citizens will always be able to engage in the armed defence of the Islamic Republic of Iran. The Committee notes that according to section 4 of the Public Conscription Act, persons are recruited for military service during the year they have reached the age of 19. The Committee asks the Government to provide a copy of the Public Conscription Act.
Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 135 of the Law on Islamic Penalties, 1991, prohibits procuring (defined as bringing together and uniting two or more persons for the purpose of adultery or sodomy). Section 639 of the Islamic Penal Code of the Islamic Republic of Iran punishes anyone who manages a property where activities against public morals take place and anyone who encourages people to violate public morals. The Committee notes, however, that there appear to be no provisions specifically prohibiting the use or offering of a child under the age of 18 for prostitution. It reminds the Government that, under Article 3(b) of the Convention, the use or offering of children under the age of 18 for prostitution constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each member State which ratifies this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for prostitution, as well as the sanctions envisaged.
2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee notes that section 640 of the Law on Islamic Penalties punishes anyone who publicizes any picture, text, photo, drawing, article, newsletter, newspaper, movie, or any other thing that violates public morals; and anyone who circulates the above items. It notes, however, that there appear to be no provisions prohibiting the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances. The Committee recalls that, by virtue of Article 3(b) of the Convention, such activities are considered to be one of the worst forms of child labour. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of children below the age of 18 years for the production of pornography or for pornographic performances. It also requests the Government to supply a copy of relevant legislation.
Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that the Anti Narcotic Drugs Law of 1988 deals with a range of drug-related offences. It also notes the information in the Government’s initial report to the Committee on the Rights of the Child (CRC/C/41/Add.5 of 23 July 1998, paragraph 82) about the Law concerning Aggravation of Punishment for Traffickers of Persons Across Borders and Use of Children for Trafficking of Illicit Drugs. The Committee requests the Government to indicate whether this Law concerning the use of children for trafficking of illicit drugs prohibits the use, procuring or offering of a child under the age of 18 for illicit activities, in particular for the production and trafficking of drugs.
Article 3(d) and Article 4, paragraph 1. Hazardous work. Self-employed workers. The Committee notes that, according to section 1 of the Labour Code, all employers and workers, as well as workplaces and production, industrial, services and agricultural establishments are required to comply with the provisions of this Code. Under section 2 of the Labour Code, the term “worker” means any person who works in any capacity at the request of an employer in return for remuneration. “Workplace” is defined in section 4 as any place where a worker performs work at the request of an employer or his representative. The Labour Code therefore appears to exclude work performed outside the formal labour relationship, such as self-employment, from its scope of application. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that self-employed workers under 18 years of age are protected against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.
Article 4, paragraph 2. Identification of hazardous work. The Committee notes the absence of information in this regard. However, it notes that, under the terms of section 189 of the Labour Code, a number of activities in the agricultural sector, including growing and management of fruit trees, animal husbandry, raising and breeding of poultry and birds, cultivation, growing and harvesting, are exempted from the scope of application of the Labour Code. The Committee also notes that, according to section 188 of the Labour Code, workers in family enterprises shall not be subject to the provisions of this Code. According to paragraph 1 of section 1 of the “Recueil de directives”, work of children in traditional family enterprises of carpet making, weaving and knitting, and work in wood industry are excluded from the list of the hazardous types of work. The Committee further notes that, under the terms of section 191, small-scale enterprises with fewer than ten workers may be temporary excluded from some of the provisions of the Labour Code. In this regard, the Committee notes that the Committee on the Rights of the Child in its Concluding Observations (CRC/C/15/Add.123 of 28 June 2000, paragraph 51) expressed concern at the large numbers of children involved in child labour, especially in the informal sector, such as household enterprises and agriculture, many of whom are working in hazardous conditions.
The Committee 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 hazardous work exist. In this regard, the Committee trusts that the Government will take into consideration the conclusions of the Committee on the Rights of the Child.
Article 5. Monitoring mechanisms. The Committee notes that, according to section 96 of the Labour Code, a Labour Inspection Department has been established under the Ministry of Labour and Social Affairs, which among others has the following functions: to supervise the implementation of regulations governing working conditions, particularly protective regulations for arduous, harmful and dangerous work, working time, wages, workers’ welfare, and the employment of women and young workers; to supervise the implementation of the labour law and to carry out inspections. Inspections are to be carried out on a continuous and regular basis, and warnings are to be given in respect of problems, defects and shortcomings, and, if circumstances so require, the appropriate authority may take legal action against violators and offenders. Under the terms of section 98, labour inspectors and health inspectors in the performance of their duties are entitled to enter and inspect any premises, workplaces without prior notice, at any time of the day or night; and are entitled to have access to the relevant books and documents. The Committee requests the Government to provide further information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour. It also asks the Government to provide information on the other mechanisms established to monitor the implementation of the penal provisions giving effect to the Convention.
Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the absence of information in the Government’s report on Article 6. The Committee reminds the Government that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour and that Article 1 requires the Government to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to urgently design and adopt the necessary programmes of action, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in the Islamic Republic of Iran.
Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the Government has provided no information on Article 7, paragraph 2(c), of the Convention. It accordingly requests the Government to provide detailed information on effective and time-bound measures taken to ensure access to free basic education, and, whenever possible and appropriate, vocational training, for all children removed from the worst forms of child labour.
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 notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.3 of 1 December 2003, paragraphs 176 and 225), “Executive Regulations of the Centre for Protection and Rehabilitation Regarding Girls and Women who are Endangered by Acute Social Abuse” were adopted in 1997. The regulations provide that the welfare organization will protect girls and women at the Centre or will deliver such services as social and psychological assistance, training and creating an employment opportunity. The Project for the Establishment of Rehabilitation Centres for Socially Abused Girls and Women includes such objectives as provision of necessary facilities for social and psychological rehabilitation and facilitating access to the families of help-seekers. The latest statistics show that out of the total number of people registered in 18 rehabilitation centres during the year 2000, 420 were under 18. The Committee asks the Government to provide further information on the impact of these projects and on other effective and time-bound measures taken for the rehabilitation and social integration of the children withdrawn from the worst forms of child labour.
Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.3 of 1 December 2003, paragraphs 172 and 179), the issue of street children, and other children who work in the streets, is an undeniable phenomenon in the Islamic Republic of Iran. The phenomenon of street children has become serious in Tehran, Mashhad, Isfahan, Shiraz and other large and medium-sized cities. It also notes that, according to the report on the situation of human rights in the Islamic Republic of Iran, prepared by the Special Representative of the Commission on Human Rights (E/CN.4/2001/39 of 16 January 2001, paragraphs 112-114), the prospect of forced early marriages are reportedly one of the underlying causes of a relatively recent phenomenon, that of runaway girls. The problem has reached such proportions that, in 1999, Tehran and other cities established a network of shelters. As reported in the press, the number of runaways has increased by 30 per cent in the past year and an average of 45 Iranian girls run away from home each day. Runaway girls make up a large proportion of the 25,000 children who live in the streets of Tehran. It is reported in the press that some 100 to 150 of them die every night. The Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.123 of 28 June 2000, paragraphs 45 and 46) expressed its concern at the large numbers of children living and working on the streets, particularly in urban centres such as Tehran and Isfahan, and recommended the State party to establish mechanisms to ensure that these children are provided with identity documents, food, clothing and, housing and also to ensure that they have access to health care, rehabilitation services for physical, sexual and substance abuse, services for reconciliation with their families, comprehensive education, including vocational and life-skills training, etc.
The Committee notes the Government’s information that a project concerning street children was established in 1998 by the Office of Social Affairs in collaboration with the municipality, the armed forces and the Ministry of Internal Affairs. It also notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.3 of 1 December 2003, paragraphs 173-174), since August 2001, there has been a plan for gathering the street children in order to create employment opportunities for them or to return them to the families. The decentralized rehabilitation and the professional skill training of the street children have been initiated. The budget allocated for this issue is Rls 19 billion. The Committee considers that children living in the streets are particularly exposed to the worst forms of child labour. It therefore encourages the Government to redouble its efforts to address the situation of these children. The Committee asks the Government to continue providing information on effective and time-bound measures taken to protect young persons under 18 years of age living in the streets and, in particular, runaway girls, from the worst forms of child labour.
Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the absence of information on this point in the Government’s report. It therefore requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. The Committee also 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, investigations, prosecutions, convictions and penalties applied.
The Committee notes the Government’s first report and requests it to provide further information on the following points.
2. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that, according to article 43 of the Constitution, the economy of the Islamic Republic of Iran is based, among others, on the respect for the right to choose freely an occupation, refraining from compelling anyone to engage in a particular job and preventing the exploitation of another’s labour. Under the terms of section 6 of the Labour Code, it is prohibited to force a person to perform work against his will or to exploit others. It also notes that section 172 of the Labour Code prohibits all forms of forced labour.
3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, under the terms of article 151 of the Constitution, the Government is obliged to provide a programme of military training, with all requisite facilities, for all its citizens, in accordance with the Islamic criteria, in such a way that all citizens will always be able to engage in the armed defence of the Islamic Republic of Iran. The Committee notes that according to section 4 of the Public Conscription Act, persons are recruited for military service during the year they have reached the age of 19. The Committee asks the Government to provide a copy of the Public Conscription Act.
Article 3, clause (d) and Article 4, paragraph 1. Determination of hazardous work. The Committee notes that section 83 of the Labour Code prohibits assigning overtime work, shift work, or arduous, harmful or dangerous work to young workers (defined in section 80 as workers between 15 and 18 years of age) or requiring them to carry loads heavier than the authorized maximum weight without using mechanical means. According to section 84 of the Labour Code, in occupations and jobs which, on account of their nature or of the conditions in which they are performed, may be prejudicial to the health or morals of trainees or young workers, the minimum working age shall be 18 years. The Committee also notes with interest that the "Recueil de directives", adopted by the Council of Ministers under the Law on the implementation of Convention No. 182, provides for a list of the types of work forbidden for persons under 18 years. The list contains 36 types of hazardous work, including work in mines or underground work, work with flammable or explosive materials, work that exposes workers to radioactivity, construction work, work with dangerous machinery and the production of chemical and toxic substances.
2. Self-employed workers. The Committee notes that, according to section 1 of the Labour Code, all employers and workers, as well as workplaces and production, industrial, services and agricultural establishments are required to comply with the provisions of this Code. Under section 2 of the Labour Code, the term "worker" means any person who works in any capacity at the request of an employer in return for remuneration. "Workplace" is defined in section 4 as any place where a worker performs work at the request of an employer or his representative. The Labour Code therefore appears to exclude work performed outside the formal labour relationship, such as self-employment, from its scope of application. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that self-employed workers under 18 years of age are protected against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.
Article 4, paragraph 2. Identification of hazardous work. The Committee notes the absence of information in this regard. However, it notes that, under the terms of section 189 of the Labour Code, a number of activities in the agricultural sector, including growing and management of fruit trees, animal husbandry, raising and breeding of poultry and birds, cultivation, growing and harvesting, are exempted from the scope of application of the Labour Code. The Committee also notes that, according to section 188 of the Labour Code, workers in family enterprises shall not be subject to the provisions of this Code. According to paragraph 1 of section 1 of the "Recueil de directives", work of children in traditional family enterprises of carpet making, weaving and knitting, and work in wood industry are excluded from the list of the hazardous types of work. The Committee further notes that, under the terms of section 191, small-scale enterprises with fewer than ten workers may be temporary excluded from some of the provisions of the Labour Code. In this regard, the Committee notes that the Committee on the Rights of the Child in its Concluding Observations (CRC/C/15/Add.123 of 28 June 2000, paragraph 51) expressed concern at the large numbers of children involved in child labour, especially in the informal sector, such as household enterprises and agriculture, many of whom are working in hazardous conditions.
Article 7, paragraph 1. Penalties. The Committee notes that section 3 of the Law on the Protection of Children and Adolescents establishes penalties for trafficking in children. It also notes that sections 135 and 639 of the Law on Islamic Penalties establish penalties for breach of the provisions prohibiting: procuring and managing a property where activities against public morals take place. It further notes that sections 172 and 176 of the Labour Code establish sufficiently effective and dissuasive penalties of fines and imprisonment for violation of the provisions prohibiting all forms of forced labour and arduous or dangerous work by young workers. The Committee requests the Government to provide information on the application of these penalties in practice.
Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that, according to article 30 of the Constitution, the Government shall provide all citizens with free education up to secondary school and expand free higher education to the extent required by the country for attaining self-sufficiency. It also notes that the Law amending the Law on Compulsory and Free Education ("Loi de modification de la loi d’éducation et d’enseignement obligatoire et gratuit") provides that the education system in the Islamic Republic of Iran is divided in a first phase of five years and a second of three years. Under the terms of section 5 of the Law on Guaranties of Educational Facilities and Possibilities for Children and Young Iranians ("Loi de garantie des équipements et les possibilités d’enseignement des enfants et des jeunes Iraniens"), professional training is free up to the first university degree. The Committee further notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.3 of 1 December 2003, paragraphs 18 and 19), the Ministry of Education and Training has based its activities on the two following pivotal principles:
- to increase the educational coverage of children and youth in need of learning at the general level, giving priority to rural and deprived regions, and closing the gap between cities and villages;
- to elevate the educational status of girls, especially in the rural regions, closing the gap between girls and boys, and finding ways to keep girls learning, especially at the primary level. The programme for combating the illiteracy of girls is carried out in 15 provinces of the country. Lately, the full coverage of girls requiring education in six under developed provinces has been considered, and approximately 7,000 girls needing education have been covered for primary education through the implementation of this programme.
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 notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.3 of 1 December 2003, paragraphs 176 and 225), "Executive Regulations of the Centre for Protection and Rehabilitation Regarding Girls and Women who are Endangered by Acute Social Abuse" were adopted in 1997. The regulations provide that the welfare organization will protect girls and women at the Centre or will deliver such services as social and psychological assistance, training and creating an employment opportunity. The Project for the Establishment of Rehabilitation Centres for Socially Abused Girls and Women includes such objectives as provision of necessary facilities for social and psychological rehabilitation and facilitating access to the families of help-seekers .The latest statistics show that out of the total number of people registered in 18 rehabilitation centres during the year 2000, 420 were under 18. The Committee asks the Government to provide further information on the impact of these projects and on other effective and time-bound measures taken for the rehabilitation and social integration of the children withdrawn from the worst forms of child labour.
Article 8. International cooperation and assistance. The Committee notes that the Islamic Republic of Iran is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Islamic Republic of Iran ratified the Convention on the Rights of the Child in 1994. It further notes that the Islamic Republic of Iran is a party to the following international drugs conventions: Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol, Convention on Psychotropic Substances of 1971, and United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988. The Committee also notes that the Islamic Republic of Iran signed in 2000, but has not yet ratified the UN Convention against Transnational Organized Crime. The Committee asks the Government to provide information on any steps taken to assist other member States or on assistance received giving effect to provisions of the Convention through enhanced international cooperation and assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.
Part III of the report form. The Committee notes the absence of information in this regard. It encourages the Government to supply any court decisions regarding the legislation relevant to the application of the Convention, even if the provisions of the Convention as such were not among the focus of the decisions.