Observación (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Irlanda (Ratificación : 1999)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that the Child Trafficking and Pornography Act 1998 defined a child as a person under 17 years of age. In response to the request to indicate the measures taken or envisaged to prohibit the sale and trafficking of children under 18 years of age for the purposes of sexual or labour exploitation, and to prevent the use, procuring or offering of a child under 18 for the production of pornography or for pornographic performances, the Government provided information on the Criminal Law (Trafficking in Persons and Sexual Offences) Bill of 2006, which defined a “child” as a person under 18 years of age and contained provisions punishing the trafficking of persons, including children; the sale of children for purposes of sexual exploitation; and other offences related to the sexual exploitation of children.

The Committee notes with satisfaction the adoption of the Criminal Law (Human Trafficking) Act 2008, section 1 of which defines a “child” as a person under 18 years of age. The Committee notes the comprehensive provisions in the abovementioned Act prohibiting the sale and trafficking of children for the purposes of sexual (section 3) and labour exploitation (section 2). The Committee further notes the broad definition of sexual exploitation in relation to a child contained in section 3; which includes inter alia the inviting, inducing or coercing of a child to engage in prostitution or the production of child pornography and the prostitution or use of a child for the production of child pornography. By virtue of the Act, a person who traffics a child for labour (section 2(1)) or sexual exploitation (section 3 (a)(1)); sells a child, offers or exposes a child for sale or invites the making of an offer to purchase a child, or purchases or makes an offer to purchase a child (section 2(2)); sexually exploits a child or takes, detains or restricts the personal liberty of a child for the purpose of his or her sexual exploitation (section 3(a)(2)), is to be punished with imprisonment for life or a lesser term and to a fine. The Committee, moreover, duly notes that section 7 of the Law provides for a broad jurisdiction for the Irish courts enabling the prosecution of an offence committed on Irish territory, by an Irish person or person ordinarily resident in Ireland for an offence committed abroad and the prosecution of an offence committed abroad against an Irish person or person ordinarily resident in Ireland.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that the Child Care Act protects children from the use of drugs but not from being used, procured or offered for the trafficking of drugs. The Committee notes that the Child Care (Amendment) Act of 2007 contains no provisions prohibiting the use, procuring or offering of a child for the production and trafficking of drugs. The Committee once again requests the Government to indicate whether legal provisions exist prohibiting the use, procuring or offering of a child for illicit activities, including the production and trafficking of drugs. If not, it requests the Government to provide information on the measures taken to this end.

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