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

The Committee takes note of the detailed information sent by the Government and notes the adoption of Basic Education Act No. 2/2006 of 3 May 2006.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances. The Committee takes due note of the information provided by the Government concerning the measures it has taken to combat commercial sexual exploitation. It notes the adoption of a National Action Plan (2006–09) to combat the sexual exploitation of children and young persons for commercial ends, one of whose objectives is to amend the national legislation on commercial sexual exploitation. The Committee requests the Government to provide information on any measures taken or any progress made in this respect.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing children from being employed in the worst forms of child labour, removing them from such labour and ensuring their rehabilitation and integration into society. With reference to its previous comments, the Committee notes the measures taken by the Government and the various social partners under the National Action Plan (2006–09) to combat the sexual exploitation of children and young persons for commercial ends. It also notes the Government’s information that the association ECPAT-ESPAÑA-FAPMI and the Sol Meliá and Barceló hotel groups have signed the ECPAT International code of conduct to protect children against sexual exploitation in tourism and the travel industry. It further notes that several studies on commercial sexual exploitation are under way in Spain. The Committee requests the Government to provide information on the implementation of the Nation Action Plan to combat the sexual exploitation of children and young persons for commercial ends, and on the results obtained in: (a) preventing children from becoming victims of commercial sexual exploitation; (b) providing the necessary and appropriate direct assistance for the removal of the child victims of this worst form of child labour and for their rehabilitation and social integration. Please also provide copies of the studies on commercial sexual exploitation.

Clause (d). Children particularly at risk. 1. Children of immigrant families. In its previous comments, the Committee noted the Government’s information that it had implemented several programmes, including programmes of assistance to vulnerable families and programmes to prevent the maltreatment of children. It asked the Government to provide information on the impact of these programmes on the children of migrant families, particularly in terms of enabling them to attend school free from any problems of social exclusion and so avoid exposure to one or another of the worst forms of child labour. The Committee notes that the Government’s report contains no information on this matter and requests it to provide information on the impact of these programmes on the children of migrant families.

2. Roma children. The Committee takes due note of the information sent by the Government to the effect that on 15 December 2005 it signed an agreement with Romania with a view to resolving the problems of Roma children who are in Spain unaccompanied by adults. In view of the fact that such children are particularly vulnerable and are liable to be exposed to risks, and to the worst forms of child labour in particular, the Committee requests the Government to take the necessary steps to protect them from the worst forms of child labour and to ensure their rehabilitation and integration into society. It asks the Government to provide information on this matter.

Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the statistical data for 1997–2004 on the offences of incitation to child prostitution, the corruption of minors and persons with disabilities or who are unfit, and child pornography. It encourages the Government to step up its efforts to ensure protection for children under the age of 18 against these worst forms of child labour and to continue to provide 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 offences, the investigations held, the legal action taken, and the sentences and penalties applied.