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

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

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Noting that the term “minor” under section 121 of the Penal Code applied to children under 17 years of age, the Committee had previously requested the Government to provide information on the measures taken or envisaged to ensure that children under 18 years of age are not used, procured or offered for the production of pornography or for pornographic performances. The Committee notes with interest that section 121 of the Penal Code has been amended by Act 3189/2003 (O.G.243/A/21-10-2003), according to which the term “under-age persons” covers children under 18 years. The Committee requests the Government to supply a copy of Amendment Act No. 3189/2003.

Clause (c). 1. Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the absence of information on this point in the Government’s report. It reminds the Government that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, each member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. Therefore, the Committee once again requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, and to adopt appropriate sanctions.

2. Causing or allowing a child to be used for begging. In its previous comments, the Committee noted that section 409 of the Penal Code prohibits, amongst other things, the supply of a person under 17 to another for the purpose of arousing the pity of the public for monetary gain. The Committee does not consider that this prohibition sufficiently meets what is required by the Convention. It must prohibit the use and the procuring of a child for the illicit activity of begging. The prohibition must also apply to children under 18. Noting that the Government’s report does not contain any information on this point, the Committee once again requests the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years for illicit activities, including for begging.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. Following its previous comments, the Committee notes the Government’s information that pursuant to the inspection visits carried out by the services of the Labour Inspectorate Body, 3,555 employment books in respect of under-age persons were issued by the Labour Inspectorate in 2004, and 2,780 in 2005. The Committee also notes that the findings of the Labour Inspectorate indicated that a total of 35 under-age persons were in illegal employment in 2004, and 34 in 2005.

2. Police. The Committee had previously noted that “subdirectorates for the protection of minors” was established within the police in 2001 to secure the effective protection of minors. It had also noted that a department to combat electronic crimes, including offences such as child pornography on the Internet, was established within the Attica and Salonica police headquarters in 2004. The Committee once again requests the Government to provide information on the measures taken by the subdirectorates for the protection of minors and the department combating electronic crimes, and their impact on the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. Action plan against human trafficking. The Committee notes the Government’s information that a special committee headed by the General Secretary of the Ministry of Justice, and comprising the general secretaries of other Ministries such as the Interior, Public Administration and Decentralization, Economy and Finance, Foreign Affairs, Education and Religion, Employment and Social Protection, Health and Social Solidarity, and Public Order, was set up with a view to coordinating, at a political level, the work regarding the application of the provisions of Act 3064/2002 on “Combating human trafficking”. This special committee drew up a programme of action to combat human trafficking which includes: monitoring, identifying and protecting the victims of trafficking; setting up guest homes and shelters; providing the victim with legal, medical and psychological assistance; granting residence permits; facilitating the victim’s repatriation and reintegration programmes; and providing education and vocational rehabilitation to the victims remaining in Greece. The Committee also notes that several meetings, seminars and training courses for judges and other legal functionaries, police officers and media representatives were carried out within the framework of the above programme. The Committee requests the Government to provide information on the impact of this action plan to combat human trafficking in so far as the trafficking of children is concerned. In particular, it asks the Government to indicate the number of child victims of trafficking under the age of 18 years who have been received in guest homes and shelters and rehabilitated.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Following its previous comments, the Committee notes the Government’s information that the provision for protection and assistance to child victims (of prostitution and sale and trafficking for labour and sexual exploitation) prescribed in section 12 of Act No. 3064/2002 are defined in Presidential Decree No. 233/2003. The assistance and protection provided for under this Decree include: protection of life, physical integrity, personal and sexual freedom; safe residence, provision of food and human living conditions; medical, psychological and legal assistance; and education and vocational training for under-age victims. The Committee notes the Government’s information that according to Act No. 3386/2005 on the “Entry, residence and social integration of third country nationals in the Greek territory,” the victims of trafficking include the victims of crimes stated in sections 323, 323A, 349, 351 and 351A of the Penal Code (i.e. the slave trade; recruiting an under-age person by force, threats, deceptive means or by promises or other benefits for armed conflict; use, procuring or offering of a minor for prostitution; sale and trafficking of minors for labour and sexual exploitation). The Committee notes that according to section 46 of Act No. 3386/2005, a residence permit shall be granted to a third country national who has been characterized as a victim of trafficking by the Public Prosecutor. Section 49 provides for measures of assistance and aid to victims of trafficking during the deliberation period (period enabling the victim to recover) of 30 days which shall be further extended in case of under-age victims. The Committee requests the Government to provide information on the number of children withdrawn from trafficking and other crimes falling within the definition of “victims of trafficking” according to Act No. 3386/2005, and rehabilitated pursuant to this Act and Presidential Decree No. 233/2003.

Clause (d). Children at risk. Street children. The Committee had previously noted the concerns expressed by the Committee on the Rights of the Child, in its Concluding Observations (CRC/C/15/Add.170, 2 April 2002, paragraphs 72–73) at the rising number of children working and living on the street, particularly Roma children, and their lack of access to education. The Committee had requested the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18, working in the street are protected from the worst forms of child labour, and have access to education. Noting the absence of information in the Government report, the Committee once again requests it to provide information on the time-bound measures taken or envisaged to ensure that children under 18 years working and living on the street, particularly Roma children, are protected from the worst forms of child labour and have access to education.

Part V of the report form. Application of the Convention in practice. The Committee notes the data supplied by the Government in relation to the prosecutions made under Act No. 3064/2002 on “combating human trafficking”. According to this data, during the period from 2002 to June 2005; a total of 367 cases were prosecuted and 211 court decisions handed down, and in 205 cases a total of 284 defendants were convicted. The Committee requests the Government to specify how many of these cases and court decisions are related to children under 18 involved in the worst forms of child labour. It also requests the Government to continue providing information, including extracts from inspection reports, studies and inquiries and statistical data on the nature extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.