Country profile COL

Context

Context

Year Age group Proportion Gender Indicator Source
2020 5-17 5.524 Male Proportion of children engaged in economic activity, by sex and age (%) Source
2020 5-17 3.79 Female Proportion of children engaged in economic activity, by sex and age (%) Source
2020 5-17 4.696 Male & Female Proportion of children engaged in economic activity, by sex and age (%) Source
2020 5-17 6.763 Male Proportion of children engaged in economic activity and household chores, by sex and age (%) Source
2020 5-17 7.152 Female Proportion of children engaged in economic activity and household chores, by sex and age (%) Source
2020 5-17 6.95 Male & Female Proportion of children engaged in economic activity and household chores, by sex and age (%) Source

National Legal Framework

National Legal Framework

Provision Legislation date Convention Legislation info sources Value sort_order Provision description Legislation description
Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? 2000-07-24 C182 Penal Code - Article 213A, Article 219B [{"link_name":"Penal Code","source_link":"https://www.funcionpublica.gov.co/eva/gestornormativo/norma_pdf.php?i=6388"}] Yes 10 C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. Article 213A: Added by art. 2, Law 1329 of 2009. Pimping a minor. Whoever for profit for himself or for a third party or to satisfy the sexual desires of another, organizes, facilitates or participates in any way in the carnal commerce or sexual exploitation of another person under 18 years of age, shall incur a prison term of fourteen (14) to twenty-five (25) years and a fine of sixty-seven (67) to seven hundred and fifty (750) legal monthly minimum wages in force. Article 219B: Added by art. 35. Law 679 of 2001, which shall read as follows: "ARTICLE 312B. Failure to report. Whoever, by reason of his office, position, or activity, has knowledge of the use of minors for the realization of any of the conducts foreseen in this chapter and omits to inform the competent administrative or judicial authorities about such facts, having the legal duty to do so, shall incur in a fine of ten (10) to fifty (50) legal monthly minimum wages in force. If the conduct is carried out by a public servant, the loss of employment shall also be imposed. TRANSITORY PARAGRAPH. As soon as Law 599 of 2000 enters into force, this ARTICLE will have the number 219B. "
Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? 2017-08-04 ; 2006 ; 2011 C182 Law 1861 - Article 4 ; Law 1098 - Articles 20 and 41 ; Law 1448 [{"link_name":"-Law 1861","source_link":"https://www.funcionpublica.gov.co/eva/gestornormativo/norma_pdf.php?i=82973"},{"link_name":"-Law 1098","source_link":"https://www.icbf.gov.co/sites/default/files/codigoinfancialey1098.pdf"},{"link_name":"-Law 1448","source_link":"https://www.funcionpublica.gov.co/eva/gestornormativo/norma_pdf.php?i=43043"}] Yes 9 C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. Article 4 of the Law 1861 states that compulsory military service is a constitutional duty addressed to all Colombians to serve the homeland, which arises at the moment of reaching the age of majority in order to contribute to and achieve the purposes of the State entrusted to the Public Force. This principle is further reinforced by Articles 20 and 41 of Law 1098 of 2006 (the Childhood and Adolescence Code) and by Law 1448 of 2011 (the Victims and Land Restitution Law). These provisions respectively establish a comprehensive protection framework that identifies recruitment as a circumstance that threatens or violates the rights of children and adolescents, obliges the State to initiate rights-restoration processes and provide comprehensive care to those separated from armed groups, and recognises children and adolescents who were forcibly recruited as victims of the armed conflict, granting them access to comprehensive reparation measures, psychosocial support, and rehabilitation.
Is the sale and trafficking of children for sexual and labour exploitation prohibited? 1991-07-06 ; 2006 ; 2000 C182 Constitution - Article 17 ; Law 1098 of 2006 - Article 20.5 ; Penal Code - Article 188-C [{"link_name":"-Constitution","source_link":"http://www.secretariasenado.gov.co/senado/basedoc/constitucion_politica_1991.html"},{"link_name":"-Law 1098 of 2006","source_link":"https://www.funcionpublica.gov.co/eva/gestornormativo/norma_pdf.php?i=22106"},{"link_name":"-Penal Code","source_link":"https://www.funcionpublica.gov.co/eva/gestornormativo/norma_pdf.php?i=6388"}] Yes 8 C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. Article 17 of the Constitution states that slavery, servitude and trafficking in human beings in all its forms are prohibited. Furthermore, Article 20.5 of the Law 1098 of 2006 states that children should be protected from kidnapping, sale, trafficking in persons and smuggling, and any other contemporary form of slavery or servitude. Article 188-C of the Colombian Penal Code also prohibits the trafficking of children and adolescents.
List of hazardous activities prohibited for children 2008-04-27 C138 & C182 Resolution 1796 [{"link_name":"Resolution 1796","source_link":"https://www.ramajudicial.gov.co/documents/573203/15248969/RESOLUCI%C3%93N+1796+DE+2018_actividades+nocivas+NNA.pdf/54a53ae6-1f90-428c-80a3-da31b90ec1b7"}] Yes 7 C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. Contains a detailed list of types of hazardous work which may not be performed by boys, girls and young people under 18 years of age.
Minimum age for hazardous work 2006-11-08 C138 & C182 Child and Adolescence Code - Article 117 [{"link_name":"Child and Adolescence Code","source_link":"https://www.oas.org/dil/esp/Codigo_de_la_Infancia_y_la_Adolescencia_Colombia.pdf"}] 18 6 C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. Article 117: Prohibition of dangerous and harmful work. No person under 18 years of age may be employed or perform work that involves danger or is harmful to their health and physical or psychological integrity or that is considered the worst forms of child labor. The Ministry of Social Protection, in collaboration with the Colombian Institute of Family Welfare, will establish the classification of such activities according to the level of danger and harmfulness they imply for the adolescents authorized to work and will publish it periodically every two years in different media. For the preparation or modification of these lists, the Ministry shall consult and take into account the workers' and employers' organizations, as well as the institutions and civil associations concerned, taking into account the recommendations of specialized international instruments and bodies.
Minimum age for admission to apprenticeship 2008-05-20 C138 Resolution No. 01677 - Section 4 [{"link_name":"Resolution No. 01677","source_link":"https://www.cne.gov.co/resoluciones-cne?download=8025:resolucion-n-1677-20-de-mayo-de-2021&start=30"}] 15 5 C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. Section 4 provides that young persons between 15 and 17 years of age who have completed technical training with the National Apprenticeship Service (SENA) or institutes accredited for this purpose may be authorized to work in an activity for which they have been trained and may be able to freely exercise this occupation, art or trade, on condition that the contractor respects the terms of Decree No. 1295 of 1994 and Decree No. 933 of 2003, resolution No. 1016 of 1989 and resolution No. 2346 of 2007, and also Decision No. 584 of 2004 of the Andean Committee for Occupational Safety and Health Authorizations.
Is the minimum age for admission to work not less than the age for completion of compulsory schooling? 1991 C138 Political Constitution of Colombia, 1991 - Article 67 [{"link_name":"Decree 4807 of 2011 of the ministry of education","source_link":"https://www.mineducacion.gov.co/1621/articles-293375_archivo_pdf_decreto4807.pdf"}] Yes 4 C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. Article 67 of the Text states that "the State, society and the family are responsible for education, which shall be compulsory between the ages of five and fifteen and shall comprise at least one year of preschool and nine years of basic education.", thus aligning with the minimum age of admission to work.
Light work - Determination of types and conditions of activities N/A C138 N/A [{"link_name":"N/A","source_link":"N/A"}] N/A 3 If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. Types and conditions under which light work may be carried out are not determined in the Colombian legal framework.
Minimum age for light work N/A C138 N/A [{"link_name":"N/A","source_link":"N/A"}] N/A 2 C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. Light work is not allowed in the Colombian national legal framework.
Minimum age for admission to work 2006-11-08 C138 Child and Adolescence Code - Article 35 [{"link_name":"Child and Adolescence Code","source_link":"https://www.oas.org/dil/esp/Codigo_de_la_Infancia_y_la_Adolescencia_Colombia.pdf"}] 15 1 C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. According to Article 35, the minimum age for admission to work and right to labour protection for adolescents authorized to work. The minimum age for admission to work is fifteen (15) years of age. To work, adolescents between 15 and 17 years of age require the respective authorization issued by the Labor Inspector or, failing that, by the Local Territorial Entity. They shall enjoy the labour protections enshrined in the Colombian labour regime, the rules that complement it, the international treaties and conventions ratified by Colombia, the Political Constitution and the rights and guarantees enshrined in this Code. Adolescents authorized to work have the right to training and specialization that enables them to freely exercise an occupation, art, trade or profession and to receive it during the exercise of their labour activity. Paragraph. Exceptionally, boys and girls under 15 years of age may receive authorization from the Labor Inspectorate, or in its absence from the Local Territorial Entity, to perform remunerated activities of an artistic, cultural, recreational and sporting nature. The authorization will establish the maximum number of hours and prescribe the conditions under which this activity must be carried out. In no case shall the leave exceed fourteen (14) hours per week. In addition, as stated in Paragraph 2 of the Code, in the case of Indigenous adolescents, the working authorisation shall be granted by the traditional authority of their respective community, taking into account their customs and traditions.
Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? 2000-07-24 C182 Penal Code - Article 188D and Article 384 [{"link_name":"Penal Code","source_link":"https://www.funcionpublica.gov.co/eva/gestornormativo/norma_pdf.php?i=6388"}] Yes 11 C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. Article 188D of the Colombian Penal Code prohibits the use of minors under 18 years of age to commit crimes: "Whoever induces, facilitates, uses, coerces, constricts, promotes or instrumentalizes a minor under 18 years of age to commit crimes or promotes such use, coercion, inducement, or participates in any way in the described conduct, shall incur for this fact alone, imprisonment from ten (10) to ten and twenty (20) years. The consent given by a minor under 18 years of age shall not constitute a cause for exoneration from criminal liability. The penalty shall be increased by one third to one half in the case of a minor under 14 years of age." Article 384 provides circumstances of punitive aggravation in the case of drug trafficking and manufacturing when it is carried out Taking advantage of the activity of a minor.

International Legal Framework

International Legal Framework

Ratification status Convention Convention description Date of ratification Source
in-force C182 Worst Forms of Child Labour Convention, 1999 (No. 182) 28-JAN-2005 Source
in-force C138 Minimum Age Convention, 1973 (No. 138) 02-FEB-2001 Source

Policies and Plans

Policies and Plans

Description sources Period Policy name Implementing agency
It is structured around six strategic pillars: (1) the strengthening of institutional architecture; (2) the promotion of rights and prevention of violations; (3) the quality and coverage of care; (4) the participation of children and their families; (5) knowledge management; and (6) monitoring and evaluation. The Committee notes that the Policy Framework has been discussed by national, regional and local authorities responsible for providing care for children engaged in child labour; and that the Colombian Family Welfare Institute (ICBF), in coordination with the Ministry of Labour, provided guidance in the formulation of action plans in 32 Interinstitutional Committees for the Eradication and Prevention of Child Labour and its Worst Forms (CIETIs) in the departments and the capital city. It notes the provision, under the Progressive Plan for Social Protection and Guaranteeing Rural Sector Workers’ Rights (under the Peace Agreement), of technical assistance in the area of child labour targeting family commissioners, territorial officials, social leaders, employers and workers. [{"link_name":"CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4414018,102595"}] 2017-2027 Public Policy Framework for the Prevention and Eradication of Child Labour and the Comprehensive Protection of Young Workers Ministry of Labour
Guides government actions at the national, departmental, and municipal levels for the prevention of commercial sexual exploitation, survivor assistance, and the strengthening of sentencing for perpetrators. As part of this strategy, the Colombian government maintains an "Eyes in All Places" (Ojos en Todas Partes) public awareness campaign, which aims to prevent child sex tourism. Led by the Ministry of Commerce, Industry, and Tourism, and implemented in coordination with ICBF and the National Tourism Fund. In 2022, MOL and other agencies conducted 86 campaigns to raise awareness of commercial sexual exploitation in 547 municipalities across 24 departments, reaching 3,308 participants. Also in 2022, MOL and ICBF, along with the Organization of Ibero-American States, held a national competition for department-led efforts to address the commercial sexual exploitation of children, out of which five awardees traveled to Spain to conduct exchanges on efforts to prevent this crime. [{"link_name":"National Strategy for the Prevention and Eradication of the Commercial Sexual Exploitation of Children","source_link":"https://www.icbf.gov.co/sites/default/files/linea_pp_escnna_20180620.pdf"}] 2018-2028 National Strategy for the Prevention and Eradication of the Commercial Sexual Exploitation of Children Ministry of Labour
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