E/CN.15/2014/CRP.1 Chapter Four: Combating the problem This chapter identifies the main international and regional instruments relevant to combating the ICT-facilitated sexual abuse and exploitation of children. The chapter also provides an overview of different practices and policies adopted to combat ICT-facilitated child sexual abuse and exploitation, as well as opportunities to enhance the fight against such crimes. International instruments Over the course of the last century, international law has increasingly recognized children as the bearers of rights, and as deserving respect and special protection. Accordingly, several international legal instruments require States Parties to take measures to protect children from abuse and exploitation, as well as to engage in international cooperation in the investigation and prosecution of child abuse and exploitation crimes.241 The status of ratification, however, varies between instruments, as well as the degree to which the international measures have been incorporated into national law. United Nations Convention on the Rights of the Child (CRC) The CRC242 sets out minimum standards of protection to which children are entitled, including protection from harmful influences, abuse and exploitation. It is one of nine core human rights treaties and almost universally ratified, with 194 States Parties. Specifically, articles 34 to 36 of the CRC require states to protect children from all forms of sexual exploitation and sexual abuse.243 The Convention requires States Parties to take all appropriate measures at the national, bilateral or multilateral levels to prevent the inducement or coercion of a child to engage in any unlawful sexual activity; the exploitative use of children in prostitution or other unlawful sexual practices; the exploitative use of children in pornographic performances and materials; the abduction of, the sale of or trafficking in children for any purpose in any form; and to protect children against all other forms of exploitation prejudicial to any aspects of their welfare. More broadly, States Parties are obliged to provide appropriate legislative, administrative, social and educational protective measures to ensure the child’s safety from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse (article 18). States Parties are further required to establish social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, where necessary, for judicial involvement (article 18(2)) and specifically to “take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse, torture or any other form of cruel, inhuman or degrading treatment or punishment or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child”(article 39). The Optional Protocol to the CRC on the Sale of Children, Child Prostitution, and Child Pornography While the CRC itself does not specifically and comprehensively address the issue of child (sexual) exploitation, its Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography (OPSC) 244 focuses exclusively on addressing child sexual abuse and exploitation. The OPSC prohibits the sale of children, child prostitution, and child pornography as defined in article 2 OPSC245 and further requires States Parties to adopt and implement legislation __________________ 241 242 243 244 245 See UNODC, 2013. Pp. 100-104. United Nations, Treaty Series, vol. 1577. See generally van Bueren, G., 1995. The International Law on the Rights of the Child. United Nations, Treaty Series, vol. 2171 (entered into force on January 18, 2002, 167 States Parties). “For the purposes of the present Protocol: (a) 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; (b) Child prostitution means the use of a child in sexual activities for remuneration or any other form of consideration; (c) 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”: Sweden clarified its position regarding the interpretation of child V.14-03040 37