Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the communication of the International Trade Union Confederation (ITUC) of 26 August 2009, as well as the Government’s reply dated 22 October 2009.

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Child domestic work. The Committee notes the allegations made by the ITUC that nearly 6 per cent of the 113,500 children working in Costa Rica are employed in domestic work. It notes that the ITUC’s comments refer to the ILO–IPEC study of 2002 entitled “Child domestic labour in Central America and the Dominican Republic”, which revealed that one girl in every four under 18 years of age who works is engaged in the domestic sector in Costa Rica. According to the ITUC, these children work long days, are paid little if at all, are often the victim of physical and sometimes sexual violence, are exposed to hazardous working conditions and often have no access to education. Furthermore, child domestic workers are isolated since their activities are carried out within the private sphere, which makes them extremely vulnerable to all forms of abuse. However, the Committee notes that, according to the ITUC’s comments, a Bill prohibiting young workers from carrying out hazardous and unhealthy work was submitted to the legislative assembly in 2005 and includes provisions regulating child domestic work. Furthermore, a Bill on domestic work was also submitted to the legislative assembly in the same year.

The Committee notes the Government’s reply to the ITUC’s allegations, which indicates that, under the Code of Childhood and Adolescence (section 94), it is prohibited to employ children under 15 years of age (sections 78 and 92) and children aged between 15 and 18 years may not be engaged in activities that jeopardize their own safety or that of other persons placed under their responsibility. Furthermore, the working time of children aged between 15 and 18 years is limited to six hours per day or 36.6 hours per week (section 95). Furthermore, the Committee notes the Government’s indication concerning the drafting of the Bill on domestic work and its forthcoming adoption. It also notes that the Bill prohibiting young workers from carrying out hazardous and unhealthy work contains provisions on child domestic work.

The Committee notes with interest the adoption of Act No. 8842 of 13 August 2010 amending the Code of Childhood and Adolescence, which provides that domestic work by children aged between 15 and 18 years is prohibited in the following conditions: (i) if the young person must sleep at the workplace; (ii) if the work requires the young person to look after children, elderly persons or disabled persons; and (iii) if the work consists of supervision (section 94bis). Furthermore, it notes that the Bill prohibiting young persons from carrying out hazardous and unhealthy work envisages the prohibition of child domestic work carried out in these same conditions. The Committee requests the Government to take the necessary measures to ensure that children under 18 years of age who are engaged in domestic work benefit from the protection guaranteed by the national legislation in practice and, in this regard, it requests the Government to provide statistics on the number and type of violations observed and the penalties applied. Furthermore, it expresses the hope that the Bill prohibiting young persons from carrying out hazardous and unhealthy work will be adopted very soon and that it will contain provisions on child domestic work. The Committee requests the Government to provide information on any progress made in this regard.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Child domestic workers. The Committee notes the information provided by the Government in its reply to the allegations made by the ITUC. It notes in particular that an awareness-raising campaign was conducted on child domestic work between 2003 and 2006 through the television and radio media. According to the Government, four programmes have also been created in collaboration with the NGO World Vision with the aim of identifying and providing assistance for 120 child domestic workers. Considering that children engaged in domestic work are particularly exposed to the worst forms of child labour, the Committee requests the Government to redouble its efforts to protect these children from the worst forms of child labour by taking specific measures to provide the necessary and appropriate direct assistance to remove these children from hazardous work and ensure their rehabilitation and social integration. It requests the Government to provide detailed information on the measures taken to that end. Furthermore, the Committee requests the Government to provide information on the results achieved in the context of the abovementioned programmes, including the number of children who have benefited from these measures.

The Committee is raising other points in a request addressed directly to the Government.