Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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.