E/CN.15/2014/CRP.1 sexual abuse and exploitation, article 20(1)(f) obliges States Parties to criminalize knowingly obtaining access to, through information and communication technologies, child pornography and the intentional proposal, through information and communication technologies, of an adult to meet a child who has not reached the legal age for sexual activities under national law for the purpose of intentionally engaging in sexual activities with such a child (article 18(1)(a)), or intentionally and unrightfully producing child pornography (article 20(1)(a)), against him or her, where this proposal has been followed by material acts leading to such a meeting. Although the provisions on the interdiction of child pornography also pertain to simulated, (such as digitally or virtually created) material (article 20(2)), the Convention allows States Parties to refrain from criminalizing material consisting exclusively of simulated representations or realistic images of a non-existent child (article 20(3)). African Charter on the Rights and Welfare of the Child Article 27 of the African Charter on the Rights and Welfare of the Child requires States Parties to undertake to protect children from all forms of sexual exploitation and sexual abuse, and in particular to take measures to prevent the inducement, coercion or encouragement of a child to engage in any sexual activity, the use of children in prostitution or other sexual practices and the use of children in pornographic activities, performances and materials. Article 15 calls for the protection of children from all forms of economic exploitation and from performing “any work that is likely to be hazardous or to interfere with the child's physical, mental, spiritual, moral, or social development” and commits States Parties to “take all appropriate legislative and administrative measures to ensure the full implementation of this Article which covers both the formal and informal sectors of employment and having regard to the relevant provisions of the International Labour Organization's instruments relating to children”. Furthermore, article 16 obliges States Parties to “take specific legislative, administrative, social and educational measures to protect the child from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, neglect or maltreatment including sexual abuse, while in the care of the child.” National laws and policies As noted in the Cybercrime Study, although 80 per cent of countries in Europe report sufficient criminalization of cybercrime acts, in other regions of the world, up to 60 per cent of countries report that criminalization of cybercrime acts is insufficient.256 States vary considerably in their approach to addressing the various forms of child abuse and exploitation. While many States criminalize acts such as production of child sexual abuse material, they may differ on the concrete elements of the crime and the definitions of “child”. While children are the victims in all of these crimes, child sexual abuse material and child sexual exploitation crimes deal first and foremost with contact sexual abuse of children in which the ICT component can be seen as re-victimization and/or evidence of an ongoing crime. Whilst child sexual abuse material laws may contain ICT-specific components, laws against child sexual exploitation and trafficking in children typically do not, with the result that these crimes may be dealt with by the application of more general criminal offences.257 Acts such as cyber-grooming, -solicitation, -stalking, -harassment, -bullying and exposure to harmful content have been dealt with both by enacting new offences, as well as through the application of existing offences. Indeed, information contained in the Cybercrime Study indicates that computer-related acts causing personal harm, as well as computer-relates solicitation or grooming, are more often criminalized using general offences than cyber-specific ones.258 Some issues – in particular such as cyber-bullying – have also been addressed through non-legislative approaches, such as awareness-raising initiatives to educate on online risks or parental controls to limit children’s usage of certain devices, track devices’ location or activity or control access to certain material.259 According to an OECD report on the Protection of Children Online, government policies in this area are in their infancy.260 __________________ 256 257 258 259 260 40 UNODC, 2013. Chapter 4. See also OECD, 2012. 32-34, 39-44; UNODC, 2013. Pp. 100-106. See UNODC, 2013. Pp. 100-106. Ibid. See also OECD, 2012. Pp. 32-34. V.14-03040