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Law No. 203 On November 15, 2000

Original Language Title:  LEGE nr. 203 din 15 noiembrie 2000

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LEGE no. 203 203 of 15 November 2000 for ratification Convention of the International Labour Organization no. 182/1999 on the prohibition of the most serious forms of child labour and immediate action to eliminate them, adopted at the 87th session of the General Conference of the International Labour Organisation in Geneva on 17 June 1999
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 577 577 of 17 November 2000



The Romanian Parliament adopts this law + Article 1 The International Labour Organization Convention no. 182/1999 on the prohibition of the most serious forms of child labor and immediate action for their elimination, adopted at the 87th session of the General Conference of the International Labour Organization in Geneva on 17 June 1999. + Article 2 The National Agency for the Protection of Children's Rights, the Ministry of Labour and Social Protection, the Ministry of Interior, the Ministry of National Education and the Ministry of Justice will submit to the Government effective transposition into practice of the provisions of the Convention referred to in art. 1. This law was adopted by the Senate at the meeting of October 16, 2000, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT MIRCEA IONESCU-QUINTUS This law was adopted by the Chamber of Deputies at the meeting of October 30, 2000, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, VASILE LUPU CONVENTION No 182 Convention on the prohibition of the most serious forms of child labour and immediate action to eliminate them *) --------------- Note * *) Translation. The General Conference of the International Labour Organization, convened in Geneva by the Board of Directors of the International Labour Office, which met on 1 June 1999 in its 87th session, considering the need to adopt new instruments with regard to the prohibition and elimination of the worst forms of child labour, as a major priority of national and international action, in particular international cooperation and assistance, complete the Convention and the Recommendation on the Minimum Employment Age, 1973, which remain fundamental instruments with regard to child labour, considering that the effective elimination of the most serious forms of child labour requires immediate action as a whole, taking into account the importance of a free basic education and the need to evade the children concerned from all these forms of work and ensure their readability and social integration, also taking into account the needs of their own families, recalling the Resolution on the Elimination of Child Labour, adopted by the International Labour Conference at its 46th session in 1996, recognising that child labour is driven to a great extent by poverty and that the long-term solution lies in sustained economic growth leading to social progress and, in particular, to alleviating poverty and universal education, Recalling the Convention on the Rights of the Child, adopted on 20 November 1989 by the United Nations recalling the International Labour Organization's Declaration on Fundamental Principles and Rights in Work and its Application Mechanism, adopted by the International Labour Conference at its 86th session in 1998, Recalling that some of the worst forms of child labor are covered by other international instruments and, in particular, by the Convention on Forced Labour, 1930, and the United Nations Supplemental Convention on the Abolition of Slavery, the trade in slaves and institutions and practices similar to slavery, 1956, Having decided to adopt various proposals concerning the work of children, the problem which constitutes the agenda item 4 of the session, having decided that these proposals would take the form of an international convention, adopt on 17 June 1999 the following convention, which will be called the Convention on the Worst Forms of Child Labour, 1999. + Article 1 Any member who ratifies this Convention must take immediate and effective measures to ensure that the most serious forms of child labour are prohibited and urgently removed. + Article 2 For the purposes of this Convention, the term child shall apply to all persons aged up to 18 years. + Article 3 For the purposes of this Convention, the expression of the most serious forms of child labour includes a) all forms of slavery or similar practices, as for example: sale of or trade in children, servitude for debt and work of servant, as well as forced or compulsory labour, including forced or compulsory recruitment of children in to use them in armed conflicts; b) the use, recruitment or offering of a child for the purpose of prostitution, production of pornographic material or pornographic performances; c) the use, recruitment or provision of a child for the purpose of illicit activities, in particular for the production and trafficking of narcotics, as defined by the relevant international conventions; d) work which, by their nature or by the conditions under which they are exercised, are likely to harm the health, safety or morality of the child. + Article 4 1. The types of work referred to in art. 3 lit. d) must be established by national law or by the competent authority, after consultation with the organisations of employers and interested workers, taking into account the relevant international rules and, in particular, paragraphs 3 and 4 of the Recommendation on the worst forms of child labour, 1999. 2. The competent authority, after consultation with the interested organisations of employers and workers, must locate the types of work so determined. 3. The list of types of work determined in accordance with paragraph 1 of this Article shall be periodically examined and, if necessary, reviewed after consultation with the interested organisations of employers and workers. + Article 5 Any member shall, after consultation with the employers 'and workers' organisations, establish or designate appropriate mechanisms for monitoring the application of the provisions giving effect to this Convention. + Article 6 1. Any member must develop and implement action programmes to eliminate the most serious forms of child labour as a matter of priority. 2. These action programmes must be drawn up and put into practice after consulting the competent public institutions and the organisations of employers and workers and, where appropriate, taking into account the views of other interested groups. + Article 7 1. Any member must take all necessary measures to ensure effective implementation and compliance with the provisions that give effect to this Convention, including by establishing and applying criminal sanctions or, if applicable, other sanctions. 2. Any member must, taking into account the importance of education for the elimination of child labor, take effective measures within a specified period, in order to: a) prevent the employment of children in the most serious forms of child labor; b) provide for the necessary and appropriate direct support to evade children from the worst forms of child labour and ensure their readability and social integration; c) ensure their access to free basic education and, whenever possible and suitable, to the professional training of all children removed from the most serious forms of child labor; d) identify children who are particularly exposed to risks and come into direct contact with them; e) take into account the particular situation of the girls. 3. Any member shall designate the competent authority responsible for the implementation of the provisions of this Convention. + Article 8 Members must take appropriate measures to support each other in the implementation of the provisions of this Convention through enhanced international cooperation and/or assistance, including through measures to support development. economic and social, programmes to eradicate poverty and universal education. + Article 9 The ratification of this Convention will be communicated to the Director-General of the International Labour Office and will be registered by him. + Article 10 1. The present Convention will only oblige the members of the International Labour Organization whose ratification will have been registered by the Director-General of the International Labour Office. 2. The Convention will enter into force 12 months after the ratification of 2 members will have been registered by the Director-General. 3. Later this Convention will enter into force for each member 12 months after the date on which its ratification will have been registered. + Article 11 1 1. Any member who has ratified this Convention may denounce it after the expiry of a period of 10 years after the original date of the entry into force of the Convention, by an act communicated to the Director-General of the International Labour Office and recorded by him. The denunciation will only take effect one year after her registration. 2. Any member who has ratified this Convention and who, within one year after the expiry of the 10-year period referred to in the preceding paragraph shall not use the possibility of denunciation provided for in this Article, shall be bound for a new the 10-year period and, therefore, will be able to denounce the present Convention at the expiry of each 10-year period under the conditions laid down in this Article. + Article 12 1. The Director-General of the International Labour Office will notify all members of the International Labour Organization of the registration of all the ratification and all the acts of denunciation that will be communicated to it by its members. 2. Notification to the members of the organization the registration of the second ratification to be communicated to him, the Director General will draw the attention of the members of the International Labour Organization on the date on which this Convention will enter into force. + Article 13 The Director-General of the International Labour Office will communicate to the Secretary-General of the United Nations, for the purposes of registration, complete information on all ratification and all the acts of denunciation that will be recorded according to previous articles + Article 14 Every time he considers it necessary the Board of Directors of the International Labour Office will present the International Labour Organization's General Conference with a report on the application of this Convention and examine whether there is possibility to be placed on the agenda of the Conference on the issue of its total or partial review. + Article 15 1. If the Conference will adopt a new convention that would lead to the total or partial revision of this Convention and if the new Convention does not otherwise have: a) ratification by a member of the new convention involving the revision will attract the right, without taking into account the provisions of art. 11, the immediate denunciation of this Convention, provided that the new convention drawing the review takes effect; b) from the date of entry into force of the new Convention which draws the revision of this Convention, it shall cease to be open to ratification by members 2. In any case this Convention will remain in force in its current content and form for those members who have ratified it, but who have not ratified the review convention. + Article 16 The French and English versions of the text of this Convention have equal value. The previous text is the authentic text of the convention adopted unanimously by the General Conference of the International Labour Organization at the 87th session held in Geneva and which was declared closed on 17 June 1999. As a result, they put their signatures on this eighteenth day of June 1999: Alhaji Muhammad Mumuni, Conference President Juan Somavia, general manager of International Labour Office --------