Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Spain (Ratification: 2001)

Other comments on C182

Observation

Direct Request

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Articles 3(a) and (b) and 7(1) of the Convention. Sale and trafficking of children; use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances. Further to its previous comments, the Committee duly notes the statistics communicated in the Government’s report on the number of investigations, prosecutions and convictions for the trafficking of persons for sexual exploitation, forced labour or child pornography further to the amendments made to the Penal Code in 2010. It also notes the court decisions attached to the Government’s report. It further notes the Government’s statement that, since July 2010, a communication system enabling the real-time exchange of information on operations concerned with the trafficking of persons has been in place, linking the foreign affairs coordination department at the Office of the Public Prosecutor with the risk analysis and reporting centre at the Office of the Commissioner-General responsible for foreign affairs and border controls at the National Police Department.

The Committee notes, however, that the statistics on cases of trafficking provided in the Government’s report are not disaggregated by sex or age and therefore make it impossible to have a separate overview of the cases of sale and trafficking involving girls or boys under 18 years of age. It notes the 2012 study of the Ombudsman entitled “Human trafficking in Spain: Invisible victims”, which also highlights the lack of available statistics at national level on the trafficking of children and young persons (page 263). The Committee requests the Government to supply information in its next report on the number of investigations and convictions relating only to cases of trafficking and sexual exploitation involving persons under 18 years of age.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Roma children. Further to its previous comments, the Committee notes the information from the Government concerning the adoption of the National Roma Integration Strategy in Spain (2012–20). It notes that one of the strategy’s objectives is to improve access to education and maintain the presence of Roma children in compulsory schooling. As regards the results achieved in access to education for Roma children, the Government refers to a study carried out in 2010 by the Fundación Secretariado Gitano (FSG – Roma Foundation), according to which the access of Roma children to primary education has reached more or less normal levels. The Government also indicates that in December 2012 the FSG and UNICEF Spain signed a cooperation agreement to carry out a comparative study on the situation of Roma children in secondary education. The study will make it possible to evaluate the results of the measures taken by the Government in recent years.

However, the Committee observes that the Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 6 June 2012, expressed concern at the fact that, despite the measures adopted by Spain, the Roma continue to be exposed to discrimination in the exercise of economic, social and cultural rights, particularly in education (E/C.12/ESP/CO/5, paragraph 11). It also notes that, according to a report published by the FSG in July 2013 entitled The impact of the crisis on the Roma community, the reduction in school assistance adopted as part of the austerity measures is having a negative impact on access to education for Roma children (pages 27–30). The Committee requests the Government to pursue its efforts to improve access to education for Roma children and maintain their presence in the education system as part of the National Roma Integration Strategy in Spain (2012–20), with a special focus on girls. It requests the Government to continue to provide information on the results achieved in this regard.