United States Department of Labor

Poland

Government Policies and Programs to Eliminate the Worst Forms of Child Labor

In January 2000, the Government of Poland created anOmbudsman for Children’s Rights to guard the rights of children as provided inthe Constitution, the Convention on the Rights of the Child and national laws.[3582] These rights include the defense against violence, cruelty, exploitation, andactions that undermine a child’s moral sense.[3583] The Ombudsman has been active in a public information campaign on the hazardsof children working in agriculture.[3584] The Ministry of Agriculture, Ministry of Education, State Labor Inspectorateand Roman Catholic Church are working together to increase awareness of thehazards of child labor in rural communities.[3585]

In September 2003, the Government of Poland approved anational plan to combat trafficking that coordinates the efforts of thegovernment, the private sector, and NGOs.[3586] In cooperation with the Global Program Against Trafficking in Human Beings ofthe United Nations Office on Drugs and Crime, the government has also started aproject against trafficking in persons. The project aims is to strengthencriminal justice responses to trafficking and to enhance the coordination amongthe criminal justice system, civil society, and other organizations to preventtrafficking and control the involvement of organized crime. An importantcomponent of the project is to provide direct services to victims and witnessesof trafficking.[3587] The government cooperates with INTERPOL to address the issue of trafficking andorganized crime.[3588] The government also provided a public building to an NGO to use as a shelterfor trafficking victims and gave another organization a grant to build ashelter. However, since the number of shelters remained inadequate, NGOsfrequently resorted to impromptu arrangements to shelter victims. The lawallows foreign victims with illegal status to remain in the country during theinvestigation and trail of their traffickers. During 2003, the governmentprovided full assistance to three victims who cooperated in prosecutions.[3589]

Incidence and Nature of Child Labor

Statistics on the number of working children under the ageof 15 in Poland are unavailable. However, the State Labor Inspectorate reportsan increase in the number of children working and an increase in laborviolations by employers. Children have been found working in small businesses,factories and restaurants, and on farms.[3590] There are also reports that girls are trafficked to and from Poland for thepurpose of sexual exploitation. Girls trafficked into the country aregenerally from the Eastern European region, and include countries such asBelarus, Bulgaria, Romania, Moldova, and Ukraine, and are disproportionatelyTurkish and Roma minorities. Other European countries, including Italy,Germany and the Czech Republic, tend to be destination states for children whoare trafficked from Poland.[3591] The commercial sexual exploitation of boys by males visiting from Denmark,Germany, and Sweden is an increasing concern.[3592]

Education in Poland is compulsory to 18 years of age, and isfree in public schools.[3593] However, children living in rural areas and small towns are sometimes at adisadvantage when it comes to access to quality education.[3594] In 2000, the gross primary enrollment rate was 99.6, and the net primaryenrollment rate was 97.7 percent.[3595] Primary school attendance rates are unavailable for Poland. While enrollmentrates indicate a level of commitment to education, they do not always reflectchildren’s participation in school.[3596]

Child Labor Laws and Enforcement

Article 190 of the Labor Code sets the minimum age ofemployment at 15 years.[3597] Children 13 to 15 years of age may work under temporary, limited contracts withpermission from their parents. Minors 15 to 18 years have wider employmentpossibilities, but they may only be employed upon completion of primary schooland under non-hazardous work conditions.[3598] Polish children below the age of 15 are banned from mining and most types ofconstruction.[3599] The Penal Code bans work by children under the age of 15 in the production ofpornographic films.[3600]

Polish law prohibits forced and bonded child labor.[3601] Engaging in a sex act with a person under the age of 15 is a criminal offensein Poland, and carries a penalty of 1 to 10 years imprisonment. Leading anindividual into prostitution by means of force, threat or by taking advantageof the dependence of a person is prohibited by Article 203 of the CriminalCode. Encouraging or promoting the prostitution of a person with the purposeof pecuniary gain is also considered criminal.[3602] Penalties for trafficking or recruiting the prostitution of individuals canimpose sentences up to 10 years imprisonment.[3603]

The State Labor Inspectorate is responsible for alllabor-related complaints, including those related to child labor, andinspectors receive training in handling child labor issues.[3604] In 2002, the State Labor Inspectorate conducted 1,450 investigations ofunderage employment, and levied fines that totaled 121,210 PLN (USD 32,000). Another 116 cases were sent to an administrative tribunal, which can levysteeper fines.[3605] During the 2001 harvest, the State Labor Inspectorate found 2,400 childreninvolved in harvesting. Fifty-four percent of these children were working inunsafe and harmful conditions.[3606]

The Government of Poland ratified ILO Convention 138 onMarch 22, 1978, and ratified ILO Convention 182 on August 9, 2002.[3607]