DECREE NO. 3,597 OF September 12, 2000.

Promuling Convention 182 and Recommendation 190 of the Organization International Work (ILO) on the prohibition of the Worst Forms of Child Labour and the Immediate Action for their Elimination, concluded in Geneva, on June 17, 1999.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers it on art. 84 inciso VIII, of the Constitution,

Considering that Convention 182 and Recommendation 190 of the International Labour Organization (ILO) on the Prohibition of the Worst Forms of Child Labour and the Immediate Action for their Elimination were concluded in Geneva, on June 17, 1999;

Whereas the National Congress has approved the multilateral acts in epitography through the Legislative Decree no. 178, of December 14, 1999;

Considering that the Brazilian Government deposited the Instrument of Ratification of the said Convention on February 2, 2000, passing the same to the invigorate, to Brazil, on February 2, 2001, pursuant to paragraph 3º, of its Article 10º;

DECRETA:

Art. 1º The 182 Convention and Recommendation 190 of the International Labour Organization (ILO) on the Prohibition of the Worst Forms of Child Labour and the Immediate Action for its Elimination, concluded in Geneva, on June 17, 1999, only by copy to this Decree, should be executed and fulfilled as entirely as it contains.

Paragraph single. They are subject to the approval of the National Congress any acts that may result in revision of the said Convention, as well as any supplementary adjustments which, pursuant to art. 49, I, of the Constitution, carry charges or gravy commitments to the national heritage.

Art. 2º This Decree goes into effect on the date of its publication.

Brasilia, September 12, 2000; 179º of Independence and 112º of the Republic.

FERNANDO HENRIQUE CARDOSO

Gilberto Courinho Paranhos Velloso

COVENTION 182

Convention on the Prohibition of the Worst Forms of Child Labor and the Immediate Action for its Elimination

The General Conference of the Organization International of Work:

Convocada in Geneva by the Board of Directors of the International Labour Repartition and reunited in that city on 1º June 1999 at its octogésima seventh meeting;

CONSIDERING the need to adopt new instruments for the prohibition and elimination of the worst forms of child labour, main priority of national and international action, included international cooperation and assistance, as a complement to the Convention and Recommendation on the minimum age of admission to employment 1973, which continue to be fundamental instruments on child labour;

XX_ENCODE_CASE_One CONSIDERING that the effective elimination of the worst forms of child labor requires immediate and comprehensive action that takes into account importance of free basic education and the need for release from all these forms of work the affected children and ensure their rehabilitation and their social insertion at the same time as they are met the needs of their families;

REMEMBERING the Resolution on elimination of the child labour, adopted by the International Labour Conference in its 83ª meeting, celebrated in 1996;

RECOGNIZING that child labor is largely caused by probreza and that the solution in the long deadline is on sustained economic growth conducive to social progress, in particular to the mitigation of probreza and universal education;

REMEMBERING the Convention on the Rights of the Child adopted by the United Nations General Assembly in 20 of november 1989;

REMEMBERING the ILO Declaration on fundamental principles and rights at work and its follow-up, adopted by the International Labour Conference in sus 86ª meeting, celebrated in 1998;

REMEMBERING that some of the worst forms of child labor are the subject of other international instruments, in particular the Convention on forced labour, 1930, and the United Nations supplementary Convention on the abolition of slavery, trafficking in slaves and the institutions and practices analogous to slavery, 1956;

Having decided to adopt various proposals regarding child labor, issue that constitutes the fourth point of the meeting's agenda, and

Having determined that these proposals will make the form of an international convention,

ADOTA, with date of seventeen June one thousand nine hundred and ninety-nine, the following Convention, which could be cited as Convention on the worst forms of child labour, 1999:

Article 1

Every Member that ratifies the present Convention should adopt immediate and effective measures to ensure the prohibition and elimination of the worst forms of child labour, in character of urgency.

Article 2

For the purposes of this Convention, the term "child" designates every minor person of 18 years.

Article 3

For the purposes of this Convention, the expression "the worst forms of child labor" covers:

a) all forms of slavery or practices analogous to slavery, such as the sale and trafficking of children, the servitude by debts and the condition of servant, and forced or compulsory labour, inclusive of forced or compulsory recruitment of children to be used in armed conflicts;

b) the use, recruitment or provision of children for prostitution, the production of pornography or performances pornographic;

c) the use, recruitment or the offer of children for the realization to the realization of illicit activities, in particular the production and trafficking of entorpencents, such with defined in the pertinent international treaties; and,

d) the work that, by its nature or by the conditions in which it is carried out, is susceptible to harm to the health, safety or morale of children.

Article 4

1. The types of work referred to in Article 3, d), should be determined by national legislation or by the competent authority, after consultation with the employers 'and employees' organisations and taking into account the international standards in the matter, in particular paragraphs 3 and 4 of the Recommendation on the worst forms of child labor, 1999.

2. The competent authority, after consultation with the employee and employee organisations, should locate the types of work determined as per paragraph 1º of this Article.

3. The list of the types of work determined as per paragraph 1º of this Article is to be examined periodically and, if necessary, revised, in consultation with the employee and employee organisations.

Article 5

1. Every Member, after consultation with employers 'and employees' organizations, should establish or designate appropriate mechanisms to monitor the application of the devices that put in place the present Convention.

Article 6

1. Every member should draw up and implement action programs to eliminate, as a priority measure, the worst forms of child labor.

2. Such action programmes should be drawn up and implemented in consultation with relevant government institutions and employers 'and workers' organisations, taking into consideration the views of other interested groups, if appropriate.

Article 7

1. Every Member should adopt all necessary measures to ensure the effective implementation and compliance of the devices that put in place the present Convention, including the establishment and application of criminal sanctions or other sanctions, as the case.

2. Every Member should adopt, taking into consideration the importance for the elimination of child labor, effective measures and in a given time frame, with the end of:

a) prevent the occupation of children in the worst forms of child labor;

b) provide the direct assistance needed and adequate to remove children from the worst forms of child labour and ensure their rehabilitation and social insertion;

c) ensure access to free basic education and, when it is possible and appropriate, to the formation professional to all children who have been removed from the worst forms of child labor;

d) identify the children who are particularly exposed to risks and get in direct contact with them; and,

e) take into consideration the particular situation of girls.

3. Every Member shall designate the competent authority entrusted with the application of the devices that put into force the present Convention.

Article 8

Members should take appropriate measures to support themselves reciprocally in the application of the devices of this Convention by means of intensified international cooperation and / or assistance, which will include support for social and economic development, to poverty eradication programmes and universal education.

Article 9

The formal ratifications of this Convention will be communicated, for registration, to the Director-General of the Repartition International Labour.

Article 10

1. This Convention shall oblide solely those Members of the International Labour Organization whose ratifications have been registered by the Director General of the International Labor Breakdown.

2. It will enter into force 12 (twelve) months after the date on which the ratifications of 2 (two) of the Members have been registered by the Director-General.

3. From that time, this Convention will enter into force, for each Member, 12 (twelve) months apas the date on which its ratification has been registered.

Article 11

1. Every Member who has ratified this Convention will be able to report it by expiring a period of ten years, starting from the date it entered into force, upon minutes communicated, for registration, to the Director General of the International Labour Party. The complaint will not take effect until 1 (one) year after the date on which it was registered.

2. Every Member who has ratified this Convention and who, within one year after the expiration of the ten-year period mentioned in the preceding paragraph, does not make use of the right of denucia provided for in this Article will be obliged during a new period of Ten years, and may successively denounce this Convention by expiring each ten-year period, under the conditions laid down in this Article.

Article 12

1. The Director General of the International Labor Party shall notify all members of the International Labour Office of the record of all ratifications and acts of denunciation communicated to it by the Members of the Organization.

2. By notifying the Members of the Organization of the record of the second ratification that has been communicated to it, the Director General shall inform the Members of the Organization about the date of entry into force of this Convention.

Article 13

The Director-General of the International Labour Repartition will present to the Secretary-General of the United Nations, for the purpose of registration and in accordance with Article 102 of the Charter of the United Nations, complete information on all ratifications and acts of denunciation that has registered in accordance with the Preceding Articles.

Article 14

Whenever judging necessary, the Board of Directors of the International Labour Repartition will submit to the General Conference a report on the implementation of the Convention and examine the desirability of including on the agenda of the Conference the issue of its full review or partial.

Article 15

1. Should the Conference adopt a new Convention that would revise, in whole or in part, the present, and unless the new Convention contains devices to the contrary:

a) the ratification, by a Member, of the new revised Convention will imply ipso jure the immediate denunciation of this Convention, notwithstanding the devices contained in the Article 11, provided that the new revising Convention has entered into force;

b) as of the date on which to enter into force the new Convention reinvigorates, this Convention shall cease to be at ratification by the Members.

2. This Convention will continue in force in any hypothesis, in its current form and content, for Members who have ratified it, but have not ratified the Convention revising.

Article 16

The English and French versions of the text of this Convention are similarly authentic.

Recommendation 190

Recommendation on the Prohibition of the Worst Forms of Child Labor and Immediate Action for their Elimination

The Conference General of the International Labour Organization:

Convocated in Geneva by the Council of Administration of the International Labor Breakdown and reunited in that city on 1º June 1999, in its octogésima seventh meeting:

Having adopted the Convention on the worst forms of child labor, 1999;

Having decided to adopt various proposals regarding child labour, issue which constitutes the fourth point of the meeting's agenda, and

Having determined that these proposals take the form of a recommendation that complements the Convention on the worst forms of child labour, 1999,

Adota, on this date of seventeen of June one thousand nine hundred and ninety-nine, the following Recommendation, which could be cited as the Recommendation on the Worst Forms of Child Labour, 1999.

1. The devices in this Recommendation complement those of the Convention on the worst forms of child labour, 1999 (henceforth called "the Convention"), and they should be applied in sets with them.

I. Action Programs

1. The action programmes mentioned in Article 6 of the Convention should be drawn up and implemented in a sense of urgency, in consultation with the relevant government institutions and employers 'and workers' organisations, leading in consideration of the views of children directly affected by the worst forms of child labor, their families and, appropriate case, other interested groups committed to the objectives of the Convention and of this Recommendation. The goals of such programs should be, among others:

a) to identify and denounce the worst forms of child labor;

b) prevent the occupation of children in the worst forms of child labour or withdraw them from these forms of work, protect them from reprisals and ensure their rehabilitation and social insertion through measures that meet their educational, physical and psychosocial need;

c) dispense special attention;

i) to the youngest children;

ii) to girls;

iii) to the problem of occult work, in which girls are particularly exposed to risks; and,

iv) to other groups of children who are especially vulnerable or have particular needs;

d) identify the communities in which children are especially exposed to risks, get in direct contact and work with them, and

and) inform, raise awareness and mobilize public opinion and groups interested, including children and their families.

II. Dangerous work

1. In determining and locating where the types of work referred to in Article 3, d) of the Convention are to be taken into account, they should be taken into consideration, among other things:

a) work in which the child becomes exposed to physical, psychological, or sexual abuse of order;

b) the underground works, underwater, at dangerous heights or in confined sites;

c) the works that perform with dangerous machines, equipment and tools, or that imply the handling or manual transport of heavy loads;

d) the work carried out in a medium unhealthy, in which children are exposed, for example, to hazardous substances, agents or processes or to temperatures, levels of noise or harmful vibrations to health, and

e) work that is performed under especially difficult conditions, such as prolonged or nocturnal schedules, or work that unjustifiably rehas the child at employer locations.

4. In respect of the types of work referred to in Article 3, d) of the Convention and in paragraph 3 of this Recommendation, the national legislation or the competent authority, after consultation with employers 'and organizations' organizations interested workers, may authorize employment or work from the age of 16, provided that they are fully guaranteed the health, safety and morale of these children and who have received appropriate professional instruction or training and specific in the area of the corresponding activity.

III. Application

5. 1) It should be compiled and kept up-to-date statistical data and detailed information on the nature and extent of child labour, so as to serve as a basis for establishing the priorities of national action directed at elimination of child labor, in particular to the prohibition and elimination of its worst forms, in an urgency character.

2) As far as possible, this information and these statistical data should include data disaggregated by sex, age range, occupation, sector of economic activity, situation in employment, school attendance and geographical location. Consideration should be given to the importance of an effective system of birth-making records, which understands the dispatch of birth certificates.

3) Should be compiled and kept updated the relevant data in violation of national legal norms on the prohibition and elimination of the worst forms of child labor.

6. The compilation and processing of the information and the data referred to in paragraph 5 above should be carried out with due respect to the right to privacy.

7. Infomations compiled as per the provisions of paragraph 5 above should be communicated periodically to the International Labor Repartition.

8. Members, after consultation with employers 'and workers' organizations, should establish or designate appropriate national mechanisms to monitor the application of national legal standards on the prohibition and elimination of the worst forms of child labor.

9. Members should ensure that the competent authorities tasked with the implementation of national legal standards on the prohibition and elimination of the worst forms of child labour collaborate with each other and coordinate their activities.

10. The national legislation or competent authority should determine who will be assigned responsibility in the event of a failure to comply with national legal standards on the prohibition and elimination of the worst forms of child labour.

11. Members should collaborate, in so far as it is compatible with national legislation, with international efforts aimed at the prohibition and elimination of the worst forms of child labor, in an urgent character, by:

a) the compilation and exchange of information regarding delituous acts, included those that engage in international networks;

b) the investigation and the initiation of inquiry against those that are involved in the sale and trafficking of children or in the use, recruitment or provision of children for the realisation of illicit activities, prostitution, production of pornography or pornographic acts; and,

c) the registration of the authors of such offenses.

12. Members should adopt devices with a view to considering delightful acts the worst forms of child labor that are indicated below:

a) all forms of slavery or the practices analogous to enslavement, such as the sale and trafficking of children, to servitude by debts and the condition of servant, and forced labour or mandatory, inclusive of forced or compulsory recruitment of children to be used in armed conflicts;

b) the use, recruitment or supply of children for prostitution, the production of pornography or pornographic acts; and,

c) the use, recruitment, or offer of child for the realization of illicit activities, in particular for the production and trafficking of narcotics, such with defined in the relevant international treaties, or for the realization of activities that imply the possession or illegal use of firearms or other weapons.

13. Members should ensure that sanctions are imposed, including of criminal character, when they proceed, in the event of a violation of national legal standards on the prohibition and elimination of any of the types of work referred to in Article 3 d) of the Convention.

14, When appropriate, Members should also establish in urgency character other penal, civil or administrative measures to ensure the effective implementation of national legal standards on the prohibition and elimination of the worst forms of child labour, such as special supervision of companies that have used the worst forms of child labor and, in the cases of repeated violation, the temporary or permanent revocation of the licences to operate.

15. Among other measures aimed at the prohibition and elimination of the worst forms of child labor, the following could be included:

a) inform, raise awareness and mobilize the general public and, in particular, national and local political leaders, parliamentarians and judicial authorities;

b) make partyccipes and train the organizations of employers and workers and the organizations of the civil society;

c) give appropriate training to competent civil servants, in particular to the tax officers and officials in charge of compliance with the law, as well as to other pertinent professionals;

d) allow every Member to sue in their territory their nationals for infringing their national legislation on the prohibition and immediate elimination of the worst forms of child labour, even though these infractions have been committed outside their territory;

e) simplify the judicial and administrative procedures and ensure that they are adequate and fast;

f) stimulate the development of business policies that aim at promoting the purposes of the Convention;

g) record and spread best practices regarding elimination of child labor;

h) diffuse, in the corresponding languages and dialects, the legal or other type norms about the child labour;

i) provide for special procedures for complaints, adopt measures for protect from discrimination and reprisals those who legitimately report every violation of the devices of the Convention, create telephone services of assistance and establish contact centres or designate mediators;

j) adopt appropriate measures to improve the educational infrastructure and capacity-building of teachers attending to the needs of the boys and girls, and

k) as far as possible, take into account, in the national action programs, the need for:

i) to promote employment and empowerment professional of the parents and adults of the families of children working in the conditions referred to in the Convention, and

ii) sensitize the parents on the problem of children working in these conditions.

16. A greater international cooperation and / or assistance among the Members aiming to effectively ban and eliminate the worst forms of child labor should supplement national efforts and could, second proceed, develop and implement in consultation with employers 'and workers' organisations. Such cooperation and / or internationonal assistance should include:

a) the mobilization of resources for national or international programs;

b) the mute legal assistance;

c) the technical assistance, including the exchange of information, and

d) the support for economic and social development, poverty erradiation programs and universal education.