Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

The Committee notes the Government’s first and subsequent reports, and requests it to provide further information on the following points.

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s statement that Act XXXI on Child Protection on Guardianship Administration (CGPA) has created the legal basis for implementing children’s rights and protecting children. The CGPA enabled the creation of the basic service network of child welfare in the form of child welfare service units, which are charged with preventing and eliminating all sorts of threats to which children are exposed, including preventing the development of the worst forms of child labour. The Committee requests the Government to continue providing information on the national policy measures taken or envisaged to effectively reduce and eliminate the worst forms of child labour, and on their impact on the elimination of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes with interest that section 175/B of the Criminal Code, as amended in 2002, states that any person who sells, purchases, conveys or receives another person or exchanges a person for another person, or recruits, transports, accommodates, hides, or appropriates one for such purpose for another party, commits a felony. The penalty is increased if the criminal act is committed: (a) against a person under the age of 18; (c) for the purpose of forced labour; (d) for the purpose of sodomy or sexual intercourse, or to involuntarily engage in such with another person. The Committee also notes that section 175(2) of the Criminal Code provides that any person who acquires another person through trafficking in human beings and maintains the status of denial of the victim’s personal freedom and forces such victim into forced labour, commits a felony.

2. Forced labour. The Committee notes that section 174 of the Criminal Code provides that any person who compels another person with violence or threats of violence, to do, not to do, or to endure something, and causing a considerable prejudice to their interests, commits an imprisonable felony.

3. Recruitment of children for use in armed conflict. The Committee notes that article 70H of the Constitution states that: (1) all citizens of the Republic of Hungary have the duty to defend the homeland; and (2) subject to their general defence obligation, citizens are expected to undergo military service, armed or unarmed, or civil service on terms specified by law. It also notes that according to the information available at the Office, the law on national defence provides for the general registration for conscription by all males from the age of 17 who are citizens and residents of Hungary, but military service before the age of 18 years is not permitted. The Committee asks the Government to supply a copy of the law on national defence.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that according to section 207(1) of the Criminal Code, any person who solicits another person for sexual intercourse or fornication for somebody else in order to make a profit commits a felony. Section 207(3)(a) of the same Code provides, in particular, that the penalty is increased if the pandering is committed to the prejudice of a person under 18 years of age.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 195/A of the Criminal Code prohibits a range of activities associated with the production of pornography or pornographic performances including the use, procuring or offering of a person under 18 in these activities.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that section 282/B(1) of the Criminal Code provides that any person over 18 who, without authorization and by using a person under the age of 18, produces, manufactures, acquires, possesses, imports or exports narcotic drugs into or from Hungary or transports such through the territory of Hungary is guilty of a felony. Section 282/B(2)(a) increases the penalty if a person over the age of 18 offers or supplies narcotic drugs to persons under the age of 18 or is engaged in the distribution, trafficking or dealing of narcotic drugs by using a person under the age of 18.

Clause (d). Hazardous work. The Committee notes that article 66(3) of the Constitution states that separate regulations shall ensure the protection of women and youth in the workplace. It also notes that section 75(1) of the Labour Code provides that young persons shall not be employed in work which may result in detrimental effects with regard to their physical condition or development, and that the particular jobs for which young persons may not be employed shall be determined by legal regulation. Section 75(2) of the Code states that employment conditions may be specified by legal regulations, after consultations with the National Labour Council, for the protection of health or in the public interest, above and beyond the provisions of the Code. Section 72(3) of the Code states that for the purposes of employment-related matters, employees under 18 years of age shall be construed as young persons. The Committee notes with interest that section 72A of the Code provides that as regards the performance of work by persons under 18 years of age by way of means other than an employment contract, the provisions set forth in section 72 (i.e. the definition of young persons as persons under 18 years of age) shall apply, and that the provisions of the Code pertaining to the employment of young persons must also be observed.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that section 10/A(1) of Decree No. 33/1998 of the Minister of Social Welfare, as amended by Decree No. 27/2000 of the Minister of Health concerning the employment of minors, provides that the list of the work charges that exclude or, respectively, only conditionally allow the employment of minors in the domain of service relations, is shown in Appendix 8. The Committee notes that Appendix 8 of Decree No. 33/1998 as amended provides for a list of forbidden and restricted categories of hazardous work for young persons under 18 years of age. It notes that this list includes tasks injurious to young persons’ physical health; positions or activities in which there is a high risk of accidents; a risk of damaging effects from chemical substances, physical and biological agents, processes including ionizing radiations; work involving exposure to temperatures, noise levels, or vibrations damaging to the health. It further notes that the maximum load for lifting work done by young persons is set at 70 per cent of the load for male adults. Section 129/A of the Labour Code provides that young persons cannot be used to work at night, for special duty or for stand by duty.

Article 5. Monitoring mechanisms. The Committee notes the Government’s statement that the National ILO Council, which is a consultative national forum for social dialogue, supervises and monitors the implementation of the provisions of the Convention. It also notes that the Government’s reports designate, for the purpose of monitoring the implementation of the Convention, the Ministry of Employment and Labour (including the National Chief Inspectorate for Occupational Safety and Labour, and the territorial inspectorates), whose role is to inspect the compliance with legislation concerning youth; the Ministry of Health, Social, and Family Affairs, which specifies the tasks related to child protection, preparation of legislation applicable to the protection of families, social security, child protection, children’s education and guardianship. The Committee requests the Government to provide further information on the functioning of these mechanisms established for the monitoring of the implementation of the provisions giving effect to the Convention, and to provide extracts of reports specifying the extent and nature of violations detected involving children and young persons involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that the Government mentions the programme entitled DADA (drug, alcohol, tobacco, AIDS), launched by the police, and aimed at teaching safety to the 8-14 age group. It also takes note of Government resolution 1009/2004 (II.26) on the implementation of the short-, medium- and long-term objectives of the Government concerning the national strategy of social crime prevention that determines the tasks regarding the prevention and reduction of crime committed by children and juveniles. The Committee notes that these tasks include the following: action programmes will be launched to ensure that unemployed youth living in economically disadvantaged regions and who have dropped out of school are enrolled in integrated training and retraining programmes; and in urban educational institutions, the role of the school’s social worker, and the child and youth protection network will be strengthened. The Committee also notes the Government’s statements that: special educational, employment or specific skills development schemes of socially deviant, but not yet delinquent youth will be encouraged. Pilot programmes will be launched to benefit children, especially those being raised in children’s homes. Cooperation will be established among the police, the family assistance and the family support services, and the county-based children and youth protection coordinators. The Committee further notes the Government’s statement that the rate of criminal acts has significantly risen as a result of the increasing rate of access to the Internet, and that the Analytical and Coordination Directorate of the National Police Headquarters are launching a team specially trained to prevent and detect such crimes. The Committee requests the Government to provide information on the impact of the above measures on eliminating the worst forms of child labour such as those abovementioned, and to indicate the consultations held thereon with the relevant government institutions and employers’ and workers’ organizations.

Article 7, paragraph 1. Penalties. The Committee notes that sections 174, 175/B, 175(2), 195(3), 207(1), 207(3)a), and 282/B of the Criminal Code establish sufficiently effective and dissuasive penalties of fines and imprisonment for breach of the provisions prohibiting: sale and trafficking of children; forced labour; the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, and for the production and trafficking of drugs. The Committee requests the Government to indicate the provisions which provide for penalties in case of violations of the prohibition of hazardous work for children under 18 years.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s reports on the measures taken to: (a) prevent the engagement of children in the worst forms of child labour; (c) ensure access to free basic education for all children removed from the worst forms of child labour; and (d) identify and reach out to children at special risk. The Committee therefore asks the Government to provide information on actions taken or envisaged, as required under Article 7(2)(a), (c) and (d) of the Convention.

Clause (b). To provide the assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Street children. The Committee notes the Government’s statement in its report that just below 40 per cent of all victims of crimes of a sexual nature were persons under 18. It also notes the Government’s statement that these statistics are significant, and cannot be considered as sporadic incidences. Moreover, it notes the information provided by the Government, according to which, in the case of children with foreign citizenship, action by the guardianship administration has become necessary on a number of occasions, as these children were begging for a living, mostly in the streets of Budapest, forced by their relatives or other persons. These children, mostly of Romanian citizenship, are placed under the authority of the guardianship administration on a temporary basis in one of the institutions of the child protection system until their legal and family status is clarified. The Committee notes the Government’s statement that experience suggests that identifying the children, establishing their citizenship, and entering into contact with the concerned foreign authority through a competent foreign representation takes a great deal of time, during which the said children sometimes escape and continue begging. According to the information provided by the Government, their care and education becomes a serious burden for the children’s homes concerned, or the geographically competent child protection service due both to the communication/language difficulties, and financial problems involved.

2. Child victims of slavery. The Committee further notes the Government’s statement that information from the National Police Headquarters reveals that there were three cases between 2000 and 2003, in which Hungarian minors were kept in conditions reminiscent of slavery.

The Committee requests the Government to continue providing information on the effective and time-bound measures taken or envisaged to provide the necessary and direct assistance for the removal of street children as well as child victims of slavery from the worst forms of child labour.

Clause (e). Take account of the special situation of girls. The Committee notes the Government’s statement according to which the CGPA and its implementing regulations take account of the special situation of girls. They are placed in separate educational institutions thereby ensuring their protection and their safety on the one hand, and their rehabilitation on the other hand. The Committee notes that rehabilitation includes care suited to their needs from the psychological, and social-pedagogical points of view, ensuring the opportunity for making-up for the lack of primary schooling and vocational education.

Article 7, paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s statement that the Labour Inspectorate is responsible for ensuring compliance with legislation concerning employment of youth, and the legal statements required to create an employment relationship. It also notes that: the Ministry of Internal Affairs is responsible for the implementation of tasks set by Government and the operation of the police to ensure public safety, prevent crime and conduct investigations; the Ministry of Justice is responsible for developing cooperation among mentoring supervisors, administering justice; and the Ministry of Youth and Sports Affairs prepares proposals regarding issues of children, youth and sport, the suppression of the consumption of drugs and other addictive substances involving a health hazard.

Article 8. Enhanced international cooperation and assistance. The Committee notes the absence of information in the Government’s reports on this point. It notes however, that the Government ratified the Convention on the Rights of the Child in October 1991, and that it signed in 2000 the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The Committee also notes that Hungary is a member of Interpol, which helps countries in the different regions to cooperate, especially in the fight against trafficking of children.

Part III of the report form. The Committee notes the Government’s statement that no court decisions were made or resolutions passed regarding the issues of principle on the application of the Convention. The Committee requests the Government to provide information on whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention, and if so, to supply a copy of the text of these decisions.

Parts IV and V of the report form. The Committee notes the information provided by the Government in its reports according to which the Hungarian authority for labour inspection inspects approximately 45,000 to 48,000 employers annually, and takes about 100,000 official measures. The Committee also notes that there have been multiple prosecutions due to sex-related crimes against minors or the illegal use of prohibited pornographic recordings. The Committee further notes the Government’s statement that neither occupational safety inspections, nor inspections by the child protection or the guardianship authority identified any case of employment of a minor in hazardous work. 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, and the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions and convictions. To the extent possible, all information provided should be disaggregated by sex.