Government Policies and Programs to Eliminate the Worst Forms of Child Labor
From 1998 to 2000, the Government of Estonia participated in a European Commission anti-trafficking initiative called the STOP Project.[1629] The second phase of the project, “Minors in the Sex Trade,” promoted networking among law enforcement officials in Estonia and other countries in the region.[1630] From 2001 to 2002, Estonian government ministries, migration authorities and police[1631] participated in a regional IOM project to gather information and raise awareness about the problem of trafficking, and strengthen the capacity of the Baltic governments to prevent trafficking.[1632] In early 2002, with funding from USDOL, ILO-IPEC conducted a study on children involved in drug trafficking in Estonia.[1633] In cooperation with the Baltic governments, the Nordic Council of Ministers initiated an anti-trafficking campaign in the region, including Estonia, for the period of 2002 to 2003.[1634] The government has developed a National Strategy for Child Protection through the year 2008 that includes a national social welfare program for children and their families who need social care and educational support for at-risk children. Children considered most at-risk are street children.[1635]
The Government of Estonia has a system of benefits that provides support to vulnerable families, and it operates a school meal program.[1636] The Ministry of Education and Research supports a variety of youth vocational training projects under the country’s “Youth Work” program.[1637]
Incidence and Nature of Child Labor
Statistics on the number of working children under the age of 15 in Estonia are unavailable. A 1999 labor survey indicated that youths aged 16 to 17 made up 0.2 percent of the total labor force, and no exploitation of children was noted.[1638] Children are engaged in prostitution in Estonia.[1639] Estonia is a source country for women and girls trafficked internally and abroad for the purpose of commercial sexual exploitation.[1640] There is also evidence that children are involved in drug trafficking, and there is a connection between drug use and children engaged in prostitution.[1641] In 1999, an estimated 100 to 200 children were homeless and living on the streets in Estonia.[1642]
The Constitution states that education is compulsory and free for children,[1643] and the Education Act of 1992[1644] and the Basic Schools and Upper Secondary Schools Act of 1993 establish that children must attend school for a period of nine years.[1645] In 2000, the gross primary enrollment rate was 103 percent, and the net primary enrollment rate was 97.6 percent.[1646] Primary school attendance rates are not available for Estonia.[1647] While enrollment rates indicate a level of commitment to education, they do not always reflect children’s participation in school.[1648] In 1999, 99.2 percent of children enrolled in primary school reached grade 5.[1649]
Child Labor Laws and Enforcement
The Employment Contract Act sets the minimum age for employment at 18 years, although children 15 to 17 years may work with the consent of a parent or guardian, and children 13 to 15 years may work with the consent of a parent or guardian and a labor inspector.[1650] Children under 18 years may not perform hazardous or dangerous work.[1651] The Working and Rest Time Act limits the hours that children under 18 years old can work and prohibits overtime or night work.[1652] The Constitution prohibits forced or bonded labor.[1653] Articles 133 and 134 of the Penal Code, which took effect on September 1, 2002, criminalize enslavement and abduction, and provide for penalties from 2 to 12 years imprisonment if the crime is committed against a person less than 18 years of age.[1654] The Code provides for fines or imprisonment of up to three years for persons found guilty of disposing or aiding minors to engage in prostitution. The Code also provides for fines or imprisonment of up to one year for persons found guilty of using minors in the production, manufacture or distribution of child pornography.[1655]
The Legal Chancellor supervises guaranteeing the rights of the child in Estonia.[1656] Under the Child Protection Act of 1992, the Ministry of Social Affairs coordinates the protection of children in cooperation with the Ministry of Education, the National Police Board and other state agencies.[1657] The Ministry of Social Affairs and the Ministry of Internal Affairs are responsible for matters relating to trafficking.[1658] The Occupational Health and Safety Act gives enforcement responsibilities for labor laws to the Labor Inspector Service.[1659] In 2002, the Government of Estonia adopted Regulation 253, delegating investigation of the worst forms of child labor as defined by ILO Convention 182 to the National Police Board.[1660] The government effectively enforces minimum age laws through inspections[1661] and has investigated trafficking crimes under the 2002 Penal Code. As of December 2003, however, one trafficking case has been turned over by police to the courts.[1662]
The Government of Estonia has not ratified ILO Convention 138, but ratified ILO Convention 182 on September 24, 2001.[1663]
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