Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

PROVISION

Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

GENERAL PRINCIPLES

 

Avoiding repeat or secondary victimisation of victims​​ 

Article 8 States Parties shall adopt appropriate measures to protect the rights and interests of child victims of the practices prohibited under the present Protocol at all stages of the criminal justice process, in particular by: ... Providing, in appropriate cases, for the safety of child victims, as well as that of their families and witnesses on their behalf, from intimidation and retaliation;​​ 

Ensuring the best interests is a primary consideration in the application of the obligations in the Directives

Considering that, in order further to achieve the purposes of the Convention on the Rights of the Child1 and the implementation of its provisions, especially articles 1, 11, 21, 32, 33, 34, 35 and 36, it would be appropriate to extend the measures that States Parties should undertake in order to guarantee the protection of the child from the sale of children, child prostitution and child pornography,​​ 

Considering also that the Convention on the Rights of the Child recognizes the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child=s education, or to be harmful to the child=s health or physical, mental, spiritual, moral or social development,

Article 8 States Parties shall ensure that, in the treatment by the criminal justice system of children who are victims of the offences described in the present Protocol, the best interest of the child shall be a primary consideration.​​ 

Non-discrimination

 

Taking due account of the views of the child

Article 8 States Parties shall adopt appropriate measures to protect the rights and interests of child victims of the practices prohibited under the present Protocol at all stages of the criminal justice process, in particular by: ...Allowing the views, needs and concerns of child victims to be presented and considered in proceedings where their personal interests are affected, in a manner consistent with the procedural rules of national law;​​ 

TARGET GROUP

 

Provisions concerning identifying victims, including specific provisions identifying children as a victim of crime, such as age assessment provisions

Article 2 For the purpose of the present Protocol:​​ 

Sale of children means any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration;​​ 

Child prostitution means the use of a child in sexual activities for remuneration or any other form of consideration;​​ 

Child pornography means any representation, by whatever means, of a child engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes.

Article 8 .. States Parties shall ensure that uncertainty as to the actual age of the victim shall not prevent the initiation of criminal investigations, including investigations aimed at establishing the age of the victim

Investigation & Prosecution do not depend on report/ accusation by victim

Assistance does not depend on willingness to cooperate

 

ASSISTANCE & SUPPORT

 

Provision of information

Article 8 States Parties shall adopt appropriate measures to protect the rights and interests of child victims of the practices prohibited under the present Protocol at all stages of the criminal justice process, in particular by: ...Informing child victims of their rights, their role and the scope, timing and progress of the proceedings and of the disposition of their cases;​​ 

Right to interpretation & translation

 

Provision of assistance & support

Article 8 States Parties shall adopt appropriate measures to protect the rights and interests of child victims of the practices prohibited under the present Protocol at all stages of the criminal justice process, in particular by: ...

Article 9 .. States Parties shall take all feasible measures with the aim of ensuring all appropriate assistance to victims of such offences, including their full social reintegration and their full physical and psychological recovery...

Individual assessment of each child’s circumstances and non-offending family members’ needs​​ 

 

Circle of Trust provisions

 

Representation where appropriate for children deprived of parental care or where their interests conflict with those of their parents​​ 

 

Legal counselling and representation

 

REPORTING/INVESTIGATION/COURT PROCEDURE

 

CRIMINAL PROCEEDINGS: INVESTIGATIONS & COURT PROCEEDINGS adapted for children

Article 8 States Parties shall adopt appropriate measures to protect the rights and interests of child victims of the practices prohibited under the present Protocol at all stages of the criminal justice process, in particular by:​​ 

Recognizing the vulnerability of child victims and adapting procedures to recognize their special needs, including their special needs as witnesses;​​ 

Informing child victims of their rights, their role and the scope, timing and progress of the proceedings and of the disposition of their cases;​​ 

Allowing the views, needs and concerns of child victims to be presented and considered in proceedings where their personal interests are affected, in a manner consistent with the procedural rules of national law;​​ 

Providing appropriate support services to child victims throughout the legal process;​​ 

Protecting, as appropriate, the privacy and identity of child victims and taking measures in accordance with national law to avoid the inappropriate dissemination of information that could lead to the identification of child victims;​​ 

Providing, in appropriate cases, for the safety of child victims, as well as that of their families and witnesses on their behalf, from intimidation and retaliation;​​ 

Avoiding unnecessary delay in the disposition of cases and the execution of​​ orders or decrees granting compensation to child victims.​​ 

States Parties shall ensure that uncertainty as to the actual age of the victim shall not prevent the initiation of criminal investigations, including investigations aimed at establishing the age of the victim.​​ 

States Parties shall ensure that, in the treatment by the criminal justice system of children who are victims of the offences described in the present Protocol, the best interest of the child shall be a primary consideration.​​ 

States Parties shall take measures to ensure appropriate training, in particular legal and psychological training, for the persons who work with victims of the offences prohibited under the present Protocol.​​ 

States Parties shall, in appropriate cases, adopt measures in order to protect the safety and integrity of those persons and/or organizations involved in the prevention and/or protection and rehabilitation of victims of such offences.​​ 

Nothing in the present article shall be construed as prejudicial to or inconsistent with the rights of the accused to a fair and impartial trial.

CRIMINAL INVESTIGATION: No unjustified delay between the reporting of the facts and interviews take place

 

CRIMINAL INVESTIGATION: Medical examinations are kept to a minimum

 

CRIMINAL INVESTIGATION: Interviews take pace, where necessary in premises designed or adapted for this purpose

 

CRIMINAL INVESTIGATION: Interviews are carried out by or through professionals trained for this purpose

 

CRIMINAL INVESTIGATION: The same persons, if possible and were appropriate, conduct all interviews with children

 

CRIMINAL INVESTIGATION: The number of interviews is as limited as possible and interviews are carried out only where strictly necessary and for the purpose of the investigations and proceedings

 

CRIMINAL INVESTIGATION: Accompaniment by legal representative or where appropriate by an adult of his or her choice unless a reasoned decision has been made to the contrary in respect of that person.​​ 

 

CRIMINAL INVESTIGATION/COURT PROCEEDING: All interviews​​ with a child victim )or where appropriate a child witness, may be audio-visually recorded and that such recordings may be used as evidence in criminal court proceedings

 

COURT PROCEEDING: Possibility to order that the hearing take place without the presence of the public

 

COURT PROCEEDING Possibility to order that the child victim be heard through the use of appropriate communication technologies

 

CRIMINAL PROCEEDINGS Necessary measures to protect the privacy, identity and image of child victims and to prevent the public dissemination of any information that could lead to their identification.

Article 8 States Parties shall adopt appropriate measures to protect the rights and interests of child victims of the practices prohibited under the present Protocol at all stages of the criminal justice process, in particular by: ... Protecting, as appropriate, the privacy and identity of child victims and taking measures in accordance with national law to avoid the inappropriate dissemination of information that could lead to the identification of child victims;​​ 

CRIMINAL PROCEEDINGS/GENERAL: Right to avoid contact between victim and offender

 

Other (compensation.. non prosecution & non punishment)

Article 8 States Parties shall adopt appropriate measures to protect the rights and interests of child victims of the practices prohibited under the present Protocol at all stages of the criminal justice process, in particular by: ... Avoiding unnecessary delay in the disposition of cases and the execution of orders or decrees granting compensation to child victims.​​ 

Article 9.. States Parties shall ensure that all child victims of the offences described in the present Protocol have access to adequate procedures to seek, without discrimination, compensation for damages from those legally responsible.​​ 

Involvement of trained professionals in psychosocial assessment, forensic interview and physical examinations

 

 

Necessary measures to find durable solutions for unaccompanied children who have been trafficked

 

Training & tools

Article 8 States Parties shall take measures to ensure appropriate training, in particular legal and psychological training, for the persons who work with victims of the offences prohibited under the present Protocol.​​ 

Multi-disciplinarity/coordination/cooperation

Believing that efforts to raise public awareness are needed to reduce consumer demand for the sale of children, child prostitution and child pornography, and also believing in the importance of strengthening global partnership among all actors and of improving law enforcement at the national level,

Data & Monitoring

 

Awareness Raising

Believing that efforts to raise public awareness are needed to reduce consumer demand for the sale of children, child prostitution and child pornography, and also believing in the importance of strengthening global partnership among all actors and of improving law enforcement at the national level,

Article 9 .. States Parties shall promote awareness in the public at large, including children, through information by all appropriate means, education and training, about the preventive measures and harmful effects of the offences referred to in the present Protocol. In fulfilling their obligations under this article, States Parties shall encourage the participation of the community and, in particular, children and child victims, in such information and education and training programmes, including at the international level. ..

Prevention

Article 9 States Parties shall adopt or strengthen, implement and disseminate laws, administrative measures, social policies and programmes to prevent the offences referred to in the present Protocol. Particular attention shall be given to protect children who are especially vulnerable to these practices. ...

.. States Parties shall take appropriate measures aimed at effectively prohibiting the production and dissemination of material advertising the offences described in the present Protocol