Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Finland (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously noted section 3(1)(2) of Chapter 25 of the Penal Code which penalizes the offence of kidnapping children under 15 years of age for the purpose of trading in human beings. The Committee had requested the Government to indicate the measures taken or envisaged to prohibit and eliminate the sale and trafficking of children under 18 years of age for labour or sexual exploitation. The Committee notes with interest that section 3 of Chapter 25 of the Penal Code (650/2004) criminalizes and establishes penalties for the trafficking of human beings; section 3(a) criminalizes and establishes penalties for the aggravated trafficking of human beings, which includes trafficking of persons under the age of 18 years. The Committee further notes in the Government’s report that the police and border guard investigate cases of trafficking and aggravated trafficking in human beings as per the provisions of the Penal Code and that the criminals are brought to account either for trafficking crimes or for related offences. Finally, the Committee notes that the new Child Welfare Act (417/2007) better suits cases relating to unaccompanied child victims of trafficking.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Noting the provisions under section 18 (sale, manufacture or distribution of obscene pictures or recordings depicting children) and section 19 (possession of obscene pictures of children) of Chapter 17 of the Penal Code, the Committee had previously requested the Government to provide information on the definition of a “child” under sections 18 and 19. The Committee notes with interest that new provisions pertaining to the dissemination of pornographic images, the aggravated distribution of child pornographic images and the possession of child pornographic images in sections 18, 18(a) and 19, respectively, of Chapter 17 of the Penal Code, have been adopted. It notes that under these provisions, a child is considered to be any person under the age of 18 or any person whose age cannot be determined where there are grounds to believe that that person is less than 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that the Penal Code does not seem to prohibit the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs. The Committee noted that the Government refers to the Young Workers’ Act (998/1993) and the Decree on Young Workers (508/1986). However, the Committee noted that these laws do not appear to prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee notes the Government’s statement that under Finnish law, persons under 18 years of age are not legally permitted to perform any work that the Convention deems to be one of the worst forms of child labour. The Committee once again draws the Government’s attention to its obligation under Article 1 of the Convention to take immediate measures to prohibit this form of child labour as a matter of urgency and therefore once again requests it to indicate the legislative provisions under Finnish law which apply in this regard. In the absence of such provisions, the Committee urges the Government to take the necessary measures to ensure that the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, is prohibited.

Article 6. Programmes of action to eliminate, as a priority, the worst forms of child labour. 1. Trafficking. The Committee previously noted the Government’s indication that in August 2005, it adopted a plan of action against human trafficking (NPA) aimed at: preventing human trafficking better and more efficiently; protecting and assisting the victims of human trafficking; ensuring that those guilty of human trafficking are charged; and combating organized crime. The Committee notes in the Government’s report that the NPA calls for victims of trafficking to be granted a residence permit. The NPA also brought forth a statutory system to assist victims of human trafficking by amending the Act on the Integration of Immigrants and Reception of Asylum Seekers (493/1999). This statutory system is coordinated by two state-run reception centres, one of which concentrates on minors. In cooperation with the child welfare authorities, the reception centres developed different protection and support methods. The Committee further notes that in June 2008, the Government adopted a Revised Plan of Action against Trafficking in Human Beings (Revised NPA), which represents an update and further specifications of the measures described in the NPA, based on experiences from the implementation of the NPA. The Revised NPA pays particular attention to identifying a victim as a victim. By keeping the threshold needed for identification low, everyone who has fallen victim to a human trafficking offence can be provided with assistance. The monitoring of the Revised NPA continues to be undertaken by a cross-discipline steering group, though each ministry is responsible for the monitoring and implementation of measures in their respective administrative sectors. Finally, the Committee notes that the Ombudsperson for Minorities, acting as an independent authority, has been appointed the national rapporteur on action against human trafficking and that the necessary resources will be allocated for this purpose. The Committee requests the Government to continue providing information on the concrete measures taken to implement the Revised Plan of Action against Trafficking in Human Beings, its impact on combating child trafficking and on the results achieved.

2. Ombudsperson for children. In its previous comments, the Committee noted the Government’s indication that the Act on the Ombudsman for Children (1221/2004) provides for an Ombudsperson for Children (Ombudsperson) to promote the realization of children’s rights and interests. The Committee also noted that the Ombudsperson annually submits a report to the Government and prepares a programme of action. The Committee notes in the Government’s report that the basis for work of the Ombudsperson is the United Nations Convention on the Rights of the Child. The Office of the Ombudsperson recently published information on the implementation of children’s rights, gathered by assessing the viewpoint of children on the social affairs officers’ reports of their own municipalities’ implementation of social services. In 2007, the coordination of child policy progressed significantly under the leadership of the Ministry of Education, in which the Ombudsperson actively takes part in the child, youth and family policy programme work. This cooperation promotes an improved basis of knowledge of child welfare. The Ombudsperson aims to further increase meetings with children and young people and, in the coming year, the target group will be the 15–18 year olds. The themes of child and youth participation and welfare will be kept prominent in connection with the autumn 2008 municipal elections since it is an important base to influence child policy. The Committee notes that a new post was recently opened and a goal of the Office of the Ombudsperson is to increase the number of staff.

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. National plan of action against human trafficking. In its previous comments, the Committee requested the Government to provide information on the impact of the National Plan of Action Against Human Trafficking in providing direct assistance to child victims of trafficking and to indicate the number of children withdrawn and rehabilitated pursuant to this national plan. The Committee notes in the Government’s report that the Ministry of the Interior has, since the beginning of 2008, been responsible for the coordination of activities, the services and the support measures to help the child victims of human trafficking. The reception centres responsible for the victims who are minors (under the purview of the Ministry of the Interior), are responsible for various things, all on the same preconditions as Finnish citizens, including housing, the appointing of a representative, the provision of education and foster care when necessary. The Committee also notes that through the NPA, victims who are minors have been identified in different circumstances (mostly in transit situations but none in child labour) and that 11 child victims have been in the scope of the assistance system for minors since 2005. The Committee requests the Government to continue providing information on the ongoing impact of the Revised National Plan of Action Against Human Trafficking in providing direct assistance to child victims of trafficking. The Committee also requests the Government to continue indicating the number of children withdrawn and rehabilitated pursuant to this national plan.

Clause (d). Identify and reach out to children at risk. Street children. The Committee previously noted that, since 2000, the Government has supported the ILO’s project entitled “Street children in St Petersburg: from exploitation to education” (St Petersburg project). This project involves: examining the position of street children who work; developing and applying in practice innovative models of social work with children who are part of the risk group; and training social workers in applying new rehabilitation methods and principles of work with families. The Committee also noted the Government’s information that this project lays particular emphasis on preventive and rehabilitative measures to especially vulnerable children, in particular girls. The Committee notes the Government’s indication that within the framework of the St Petersburg project, two practical models based on the social welfare and compulsory education system were developed and implemented in Vyborg. The Committee notes that the project resulted in approximately 330 children receiving various types of assistance and a considerable number of local social welfare experts adopting these invaluable practical models. The Committee requests the Government to continue providing information on the impact of the St Petersburg project, or any other new projects, in protecting street children from the worst forms of child labour. It also requests it to continue providing information on the number of street children withdrawn and rehabilitated.

Part III of the report form. Court decisions. The Committee notes in the Government’s report that there have been no cases in courts or tribunals relating to the application of the Convention. The Committee requests the Government to continue indicating whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention.

Parts IV and V of the report form. Practical application of the Convention. The Committee notes the Government’s indication that inspection statistics apply to all workers in the workplace and that no separate statistics are conducted only on young workers. The Committee requests the Government to supply copies or extracts from official documents including studies and inquiries and to provide information 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 penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.