CHARTERS & TREATIES

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

Adopted and offered for signature, ratification and accession by United Nations General Assembly Resolution 263 Fifty-fourth session of 25 May 2000
It entered into force January 18, 2002

The States Parties to this Protocol,

Considering that, in order to achieve the objectives of the Convention on the Rights of the Child (1) and to implement its provisions, in particular Articles 1, 11, 21, 32, 33, 34, 35 and 36, it is appropriate to assess the measures that States parties should take to ensure that the child is protected 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 dangerous or hinder the child's education or harm the child's health or his physical, mental, spiritual, moral or social development,

Deeply concerned about the widespread and increasing international trafficking in children for the purpose of the sale of children and their exploitation in prostitution and pornography,

Deeply concerned about the widespread and persistent practice of sex tourism, to which children in particular are exposed, given that it is a practice that directly encourages the sale of children and their exploitation in prostitution and pornography,

Acknowledging that a number of extremely vulnerable groups, including female children, face a grave risk of sexual exploitation, and that female children represent a disproportionately exploited group in terms of those who are sexually exploited,

Concerned about the increasing availability of pornography on the Internet and other emerging technologies, and recalling the International Conference against Child Pornography on the Internet (Vienna, 1999), in particular the call to criminalize the production, distribution and export of this conference The broadcasting, importation, intentional possession and promotion of child pornography, stressing the importance of closer cooperation and partnership between governments and the industry represented in the Internet,

Believing that the elimination of the sale of children, child prostitution and child pornography will be facilitated by adopting an inclusive approach that addresses the contributing factors, which include underdevelopment, poverty, disparity in income levels, unfair socio-economic structures, disruption of the role played by families, lack of education, migration from the countryside to cities and discrimination Based on gender, irresponsible sexual behavior on the part of adults, harmful traditional practices, armed conflict and child trafficking,

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

Noting the provisions of international legal instruments related to the protection of children, including the Hague Convention on the Protection of Children and Cooperation in the Field of International Adoption, the Hague Convention on the Civil Aspects of International Child Abduction and the Hague Convention on Legal Jurisdiction, Applicable Law, Recognition, Implementation and Cooperation in the Field of Parental Responsibility and Measures to Protect Children, And International Labor Organization Convention No. 182 relating to the Prohibition of the Worst Forms of Child Labor and Immediate Measures to Eliminate It,

Encouraged by the overwhelming support for the Convention on the Rights of the Child, which shows the existence of a widespread commitment to the promotion and protection of children's rights,

In recognition of the importance of implementing the provisions of the Program of Action to prevent the sale of children, child prostitution and child pornography,(2) The Declaration and Program of Action adopted at the World Conference against Commercial Sexual Exploitation of Children held in Stockholm from 27 to 31 August 1996 (3) And all the decisions and recommendations related to this matter issued by the competent international bodies,

Bearing in mind the importance of the traditions and cultural values of each people for the harmonious protection and development of the child,

Have agreed as follows:

Article 1  

State Parties shall prohibit the sale of children, child prostitution and child pornography as provided for in this Protocol.

 Article 2

For the purpose of this protocol:

(A) The sale of children means any act or transaction whereby a child is transferred by any person or group of persons to another person in exchange for a reward or any other form of compensation;

(B) Child prostitution means the use of a child for the purpose of sexual activities in exchange for a reward or other form of compensation;

(C) Child pornography exploitation means the depiction of any child, by whatever means, engaging in real or simulated sexually explicit activities or any depiction of the child's sexual organs to primarily satisfy sexual desire.

 Article 3

1- Each State Party shall ensure that the following acts and activities are fully covered under its criminal or penal code, whether these crimes are committed locally or internationally or on an individual or organized basis:

(A) In the context of the sale of children as defined in Article 2:

(I) Offering, delivering or accepting a child in any way whatsoever for one of the following purposes:

(A) Child sexual exploitation;

(B) Transferring the child's organs for profit;

(C) The use of forced labor of the child;

(Ii) The improper stimulation of consent, as an intermediary, to the adoption of a child in violation of the applicable legal instruments regarding adoption;

(B) Offering, insuring, procuring or providing a child for the purpose of exploitation in prostitution as defined in article 2;

(C) The production, distribution, publication, import, export, display, sale, or possession of child pornography as defined in Article 2.

2- Subject to the provisions of the national law of the State party, the same shall apply to any attempt to commit any of these acts or to be complicit or to participate in any of them.

3 - Each State Party shall take the necessary measures to make these crimes subject to appropriate penalties and which take into account the seriousness of their nature.

4 - When necessary, each State Party shall, subject to the provisions of its national law, take measures aimed at determining the liability of legal persons for the crimes specified in paragraph 1 of this Article. Subject to the legal principles of that State Party, this liability of legal persons may be criminal, civil or administrative.

5 - States Parties shall take all appropriate legal and administrative measures to ensure that all persons involved in the process of adopting a child behave in accordance with applicable international legal instruments.

Article 4

1- Each State Party shall take the measures it deems necessary to establish its jurisdiction over the crimes referred to in paragraph 1 of Article 3 when these crimes are committed in its territory or on board a ship or aircraft registered in that state.

2 - Each State Party may take the measures it deems necessary to establish its jurisdiction over the crimes referred to in paragraph 1 of Article 3 in the following cases:

(A) When the accused offender is a citizen of that State or a person who normally resides in its territory;

(B) When the victim is a national of that country.

3- Each State Party shall take the measures it deems necessary to establish its jurisdiction over the aforementioned crimes, when the accused criminal is present in its territory and it does not extradite or extradite him to another state party on the basis that the crime was committed by one of its citizens.

4 - This Protocol does not exclude any criminal jurisdiction exercised in accordance with international law.

Article 5

1 - The crimes referred to in paragraph 1 of Article 3 are considered to be included as crimes requiring extradition in any extradition treaty between states parties and included as crimes requiring extradition in every extradition treaty to be concluded at a later time between these countries in accordance with the stipulated conditions. In these treaties.

2- If a state party that makes extradition conditional on the existence of a treaty receives a request for extradition from another state party with which it has no extradition treaty, it may consider this protocol to be legal for the extradition of the offender with respect to those crimes. And the delivery must be subject to the conditions stipulated in the law of the country of the recipient of the request.

3 - States parties that do not make extradition conditional on the existence of a treaty must treat these crimes as crimes requiring the extradition of the perpetrators to each other, subject to the conditions stipulated in the law of the requested country.

4 - These crimes are treated, for the purpose of extraditing criminals to each other by States Parties, as if they were committed not in the place in which they occurred, but in the territories of the states required to establish their jurisdiction in accordance with Article 4.

5- If a request for the extradition of a criminal is submitted in connection with one of the crimes mentioned in Paragraph 1 of Article 3, and if the requested State Party does not extradite or will not extradite the criminal, based on the nationality of the offender, that state must take appropriate measures to present the case to The competent authorities therein for the purpose of litigation.

Article 6

1 - States Parties shall provide the maximum amount of assistance to each other with regard to investigation processes, criminal procedures or extradition procedures in connection with the crimes specified in paragraph 1 of Article 3, including providing assistance in obtaining the necessary evidence in their possession. For these actions.

2 - States Parties shall fulfill their obligations under paragraph 1 of this Article in accordance with any treaties or other arrangements that may exist between them in terms of providing legal aid. In the absence of such treaties or arrangements, State Parties shall provide assistance to each other in accordance with their domestic law.

Article 7

States Parties shall, in conformity with the provisions of their national law:

(A) Take appropriate measures to allow for seizure and confiscation, as appropriate, of the following:

(I) Property such as materials, assets and other equipment that are used to commit the offenses referred to in this Protocol or to facilitate their commission;

(Ii) The proceeds derived from these crimes;

(B) Executing requests received from another State Party regarding seizure or confiscation of the materials or returns referred to in subparagraph (a) (i);

(C) Take the necessary measures aimed at temporarily or permanently closing the buildings used to commit these crimes.

Article 8

1 - States Parties shall take appropriate measures to protect the rights and interests of child victims of practices prohibited under this Protocol at all stages of the criminal judicial process, in particular by:

(A) Recognizing the vulnerability of child victims and adapting procedures to make them recognize their special needs, including their special needs as witnesses;

(B) Informing child victims of their rights, their role, the scope, timing and progress of procedures, and the determination of their cases;

(C) Allow the views, needs and concerns of child victims to be presented and considered during proceedings affecting their personal interests in a manner consistent with the procedural rules of national law;

(D) Provide adequate support services to child victims throughout the legal process;

(E) Protect the privacy and identity of child victims and take the necessary measures in accordance with national law to avoid publishing information that could lead to the identification of these child victims;

(F) Ensure, in appropriate cases, that the safety of child victims, their families and witnesses who testify in their favor are protected from terrorism and reprisals;

(G) Avoiding unnecessary delays in deciding cases and implementing orders or decisions granting compensation to child victims.

2. States Parties shall ensure that the uncertainty of the victim's true age does not preclude the commencement of criminal investigations, including investigations aimed at determining the age of the victim.

3 - States Parties shall ensure that the criminal justice system of children who are victims of the crimes mentioned in this Protocol treats the best interest of the child as a primary consideration.

4 - States Parties shall take the necessary measures to ensure adequate training, in particular legal and psychological training, for persons working with victims of crimes prohibited under this Protocol.

5 - States Parties shall take, in appropriate cases, measures aimed at protecting the safety and security of these persons and / or institutions working in the field of prevention and / or protection and rehabilitation of victims of these crimes.

6 - Nothing in this protocol shall be interpreted in a manner that harms the rights of the accused in a fair and impartial trial or does not contradict these rights.

Article 9

1 - States Parties shall adopt, strengthen, implement and publish laws, administrative measures, policies and social programs that prevent the crimes referred to in this Protocol. Special attention should be given to protecting children who are particularly vulnerable to these practices.

2 - States Parties shall enhance awareness of the public at large, including children, through information by all appropriate means, and through education and training related to preventive measures and the harmful effects of the crimes referred to in this Protocol. In fulfilling their obligations under this Article, States shall encourage the participation of the local community, especially children, in these information and education programs, including participation at the international level.

3 - States Parties shall take all possible measures aimed at ensuring the provision of all appropriate assistance to the victims of these crimes, including their full reintegration into society and the achievement of their full physical and psychological recovery.

4 - States Parties shall guarantee to all child victims of the crimes described in this Protocol the availability of appropriate procedures in seeking, without discrimination, compensation for damages suffered by them from persons legally responsible for this.

5 - States Parties shall take appropriate measures aimed at effectively prohibiting the production and dissemination of materials that promote the crimes described in this Protocol.

Article 10

1- States Parties shall take all necessary steps to strengthen international cooperation through bilateral, multilateral and regional arrangements to prevent, disclose, investigate, prosecute and punish those responsible for acts involving the sale of children, their exploitation in prostitution, pornography and sex tourism. State Parties shall also enhance international cooperation and coordination between their authorities, national and international NGOs and international organizations.

2 - States Parties shall strengthen international cooperation to assist child victims in their physical and psychological recovery, their reintegration into society and their repatriation.

3 - States parties are encouraged to strengthen international cooperation in order to address the root causes such as poverty and underdevelopment that contribute to targeting children for sale and their exploitation in prostitution, pornography and sex tourism.

4 - States Parties in a position to do so shall provide financial, technical and other assistance through existing multilateral, regional, bilateral or other programs.

Article 11

Nothing in this Protocol prejudices any of the provisions better conducive to the realization of children's rights, which may include:

(A) The law of the State Party;

(B) International law in force for that State.

Article 12

1 - Each State Party shall, within two years of the entry into force of the Protocol for that State Party, submit a report to the Committee on the Rights of the Child providing comprehensive information on the measures it has taken to implement the provisions of this Protocol.

2 - Following the submission of this comprehensive report, each State Party shall include in its reports to the Committee on the Rights of the Child, in accordance with Article 44 of the Convention, any additional information regarding the implementation of the Protocol. Other States Parties to the Protocol submit a report every five years.

3 - The Committee on the Rights of the Child may request additional information from State Parties related to the implementation of this Protocol.

Article 13

1 - This Protocol shall be open for signature by any state that is a party to the convention or has signed it.

2 - This Protocol is subject to ratification and is open to accession by any state party to the convention or sign it. Instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations.

Article 14

1 - This Protocol shall enter into force three months after the tenth instrument of ratification or accession has been deposited.

2 - This Protocol shall enter into force for every state that ratifies or accedes to it after its entry into force, one month after the date on which it deposited its instrument of ratification or accession.

Article 15

1 - This Protocol shall enter into force three months after the tenth instrument of ratification or accession has been deposited.

2 - For every state that ratifies this Protocol or accedes to it after its entry into force, this Protocol shall enter into force one month after the date on which it deposited its instrument of ratification or accession.

Article 16

1 - Any state party may withdraw from this protocol at any time by written notification addressed to the Secretary-General of the United Nations, who then informs the other states parties to the convention and all the states that have signed the convention. The denunciation shall take effect one year after the date on which the Secretary-General of the United Nations receives the notification. 

2- This withdrawal shall not exempt the State Party from its obligations under this Protocol in respect of any act occurring prior to the date on which the withdrawal becomes effective. This withdrawal shall in no way prejudice the continued consideration of any matter already under consideration before the Committee prior to the date on which the denunciation becomes effective.

Article 17

1- Any State Party may propose an amendment and deposit it with the Secretary-General of the United Nations. As a result, the Secretary-General informs the States Parties of the proposed amendment, requesting them to inform him of whether they favor a conference of States Parties to consider the proposals and vote on them. If, within four months of the date of this notification, at least one third of the States Parties favor holding such a conference, the Secretary-General will convene it under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly for approval.

2 - The amendment adopted in accordance with paragraph 1 of this Article shall enter into force when it is approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties.

3 - Whenever the amendment enters into force, it becomes binding on the States Parties that have accepted it, while other States Parties remain bound by the provisions of this Protocol and any previous amendments that they have accepted.

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