Selected Child Labor Measures Adopted by Governments
| Ratified Convention 138 2/1/1999 |
X |
| Ratified Convention 182 4/17/2000 |
X |
| ILO-IPEC Associated Member |
X |
| National Plan for Children |
X |
| National Child Labor Action Plan |
X |
| Sector Action Plan (Commercial Sexual Exploitation) |
X |
Incidence and Nature of Child Labor
The National Statistics Institute of Chile estimated that 3.3 percent of children ages 5 to 14 years were working in the country in 2003.[951] The survey found that the percentage of working boys is higher than that of girls, and that the rate of child work is higher in rural than in urban areas. The most common activity for children who work is selling goods on the street and performing odd jobs, but children also work in agriculture and fishing, and assist others in construction, industrial, and mining activities.[952] Most of these activities are carried out by children employed in the informal economy.[953] Children are involved in prostitution in Chile. UNICEF reported that in 1999 there were approximately 10,000 child prostitutes between the ages of 6 and 18. In 2003, the Government of Chile estimated that there were approximately 3,700 children involved in some form of commercial sexual exploitation.[954] Children are also trafficked internally for the purpose of commercial sexual exploitation.[955]
Education in Chile is free and compulsory for 12 years. Length of compulsory education was extended to 12 years in 2003, at which time the government instituted various efforts to enable disadvantaged children to attend school.[956] In 2000, the gross primary enrollment rate was 102.7 percent and the net primary enrollment rate was 88.8 percent.[957] Gross and net enrollment ratios are based on the number of students formally registered in primary school and therefore do not necessarily reflect actual school attendance. In 2000, a government household survey estimated that 1 percent of Chilean children ages 7 to 13 years did not attend school.[958] The country’s rural population completes less schooling than the country’s urban population.[959] Attending school does not preclude children in Chile from working, however. The 2003 child labor survey by the National Statistics Institute found that 78.9 percent of children who perform “unacceptable work” also attend school.[960]
Child Labor Laws and Enforcement
The Chilean Labor Code sets the minimum age for employment at 15 years.[961] In order to work, children ages 15 to 16 years must have completed obligatory schooling and must obtain permission from their parents or legal guardians. Such children may only perform light work that will not affect their health or development.[962] Children ages 16 to 18 years may work if they receive authorization from their parents or guardians and may not work in occupations that may be dangerous or require excessive force. Children under age 18 are also not permitted to work more than 8 hours per day; at night between the hours of 10 p.m. and 7 a.m. (outside a family business); or in nightclubs or similar establishments where alcohol is consumed.[963] All persons under the age of 21 are prohibited from working underground.[964]
The ILO’s Committee of Experts has raised questions about aspects of Chilean law that may allow children to work below the age of 15. Section 1 of the Labor Code states that the law’s provisions apply to “employers and workers” and thus may exclude children who are working without a contract. The Committee has also noted that Act No. 3654 of 1930 requires persons who employ children as domestic workers to enroll them in school and facilitate their regular attendance, and has asked the Government of Chile to clarify the minimum age at which children may work as domestic servants.[965]
Chile's Constitution and the Labor Code prohibit forced labor.[966] The prostitution of children and corruption of minors are prohibited under the Penal Code, with penalties of substantial prison sentences and fines.[967] Adult prostitution, however, is legal in Chile. The age of consent for sexual relations is 14 years.[968] Under the Chilean Penal Code, it is against the law to solicit sex from a person under the age of 18 years in exchange for money or other considerations. Penalties for commercial sex with minors carry prison sentences and fines. There is no penalty for consensual sex with minors over 14, or for soliciting commercial sex from adults.[969] The Penal Code contains a prohibition against the sale, distribution, and exhibition of pornography and calls for fines and prison sentences for those convicted of involvement in such acts.[970] In 2004, Law No. 19.927 was promulgated, which aims to combat child pornography, including that on the Internet.[971] The trafficking of children for prostitution is also prohibited under the Penal Code, and likewise carries penalties of prison sentences and fines.[972]
The Ministry of Labor's Inspection Agency enforces child labor laws, while the National Service for Minors (SENAME) within the Ministry of Justice investigates exploitative child labor related to pornography, the sale of drugs, and other related criminal activities.[973] Overall compliance is good in the formal economy, the U.S. Department of State reported.[974] In 2002, the Ministry of Labor found less than 1 percent of employers to be out of compliance with child labor laws.[975] Child labor is a problem in the informal economy, according to the U.S. Department of State.[976] Although the UN Committee on the Rights of the Child reported in 2002 that cases of commercial sexual exploitation of children often are not investigated and prosecuted, a 2004 U.S. Department of State report stated that authorities actively investigate cases of child prostitution.[977]
Current Government Policies and Programs to Eliminate the Worst Forms of Child Labor
As part of its 2001 to 2010 National Policy on Childhood, the Government of Chile has adopted a national child labor action plan that focuses on awareness-raising, data collection, promotion of legislative reform in compliance with ILO conventions, development of targeted intervention programs, and ongoing monitoring and evaluation.[978] In addition, the Government of Chile, along with ILO-IPEC and the other MERCOSUR governments, is implementing a 2002-2004 regional plan to combat child labor.[979] Efforts include a study of social policies in regard to child labor.[980]
The Government of Chile is also working with ILO-IPEC on projects to address the worst forms of child labor. With technical assistance from ILO-IPEC, the National Institute of Statistics released the results of a child labor survey in 2004.[981] From 2002 to 2004, the government carried out awareness-raising campaigns as part of a Canadian-funded ILO-IPEC project to combat the commercial sexual exploitation of children in Chile.[982] In September, USDOL funded a USD 5.5 million ILO-IPEC regional project to continue to combat the commercial sexual exploitation of children in Chile.[983]
Government agencies including SENAME, the Ministry of Labor, and the police have developed a list of the worst forms of child labor, and SENAME maintains a register of such cases. Chilean police forces and more recently, SENAME and the Ministry of Labor, contribute information to the register.[984] SENAME, Chilean police, and social workers make efforts to identify and place child prostitutes in juvenile homes and to provide counseling and support services to them and their families. The government has established a center for abused children and also funds NGOs that provide assistance to victims of commercial sexual exploitation.[985] Efforts to combat the commercial sexual exploitation of children are coordinated under the country’s action plan to combat the problem.[986]
The government operates various programs to encourage school attendance. It has established the “Chile in Solidarity” program, in which several government agencies participate to coordinate the provision of benefits for very poor families. The program includes assistance for families with children at risk of dropping out of school and working.[987] A majority of the country’s schools have implemented the Full School Day Reform, which was adopted in 1996 and extended the school day, provided a new curriculum framework, implemented incentives for teacher professionalism, and initiated a network to model and disseminate innovative teaching, learning, and managerial practices at the secondary level.[988]
The Ministry of Education continues to operate the Program of 900 Schools (P-900), which provides funding for teaching assistants and other forms of support for schools with high numbers of low income children.[989] The ministry is also establishing centers for teachers in rural areas to exchange best practices, and providing technical assistance to schools in the metropolitan area of Santiago.[990] In order to encourage students to stay in school for a full 12 years as now required under Chilean law, the government recently instituted the “Pro-retention Specialized Subsidy” for schools that serve low income populations. At the same time, the government has instituted a program of scholarships under the “Degree Program for Everyone,” in order to encourage students with very limited resources to finish secondary school.[991] Finally, with a loan from the IDB, the government is implementing various projects involving indigenous communities in Chile, including an effort to support bilingual intercultural education for indigenous children.[992]
|
