The Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children The Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime requires its 165 States Parties to criminalize the trafficking of persons, including children. It also contains provisions relating to the prevention and combating of trafficking, the protection and assistance of victims of trafficking and to international cooperation between States Parties in order to meet those objectives. A key value of the Protocol lies in the fact that it renders irrelevant the consent of any child victim of the practice of trafficking in persons within the scope and meaning of article 3 (a), stipulating that “the transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered ‘trafficking in persons’ even if this does not involve any of the means set forth in subparagraph (a)”. In other words, a child, and even the child’s custodians, cannot ever validly consent to the child being trafficked or exploited because of the special legal status afforded to children.249 In terms of assisting and protecting child victims of trafficking, the Trafficking in Persons Protocol specifies in article 6(4), that “each State Party shall take into account, in applying the provisions of this article, the age, gender and special needs of victims of trafficking in persons, in particular the special needs of children, including appropriate housing, education and care”. Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime The Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime,250 adopted in 2005 by the United Nations Economic and Social Council, set forth “good practices based on the consensus of contemporary knowledge and relevant international and regional norms, standards and principles.” They are intended to provide governments, lawand policymakers, civil society and practitioners, especially the judiciary, with a practical framework for adopting adequate legislation, policies and practices, in order to ensure full respect for the rights of child victims and witnesses of crime. The Guidelines also seek to contribute to the effective implementation of the CRC and to assist, support and improve the assistance, treatment and care for child victims so as to meet these children’s special needs and best interests. The principles and guidelines are relevant with regard to the sexual exploitation and abuse of children insofar as they also pertain, in general, to victims of abuse and exploitation crimes within or without the context of ICTs. Moreover, some specific guidelines, such as ones related to the right to privacy, the right to protection from hardship and the right to safety, are essential in affording child victims and witnesses of sexual abuse and exploitation a due amount of protection against re- and secondary victimization. Regional instruments Council of Europe Convention on Cybercrime The Council of Europe Convention on Cybercrime251 aims to provide a common criminal policy aimed at the protection of society against cybercrime. With respect to the substantive criminal law provisions of the Convention, some ICTfacilitated child exploitation offences fall within the scope of article 9, which deals with offences related to child porno­ graphy.252 The Convention currently has 42 States Parties, including 6 non-members of the Council of Europe.253 Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse254 (“Child Sexual Abuse Convention”) aims to prevent and combat sexual exploitation and sexual abuse of children, protect the rights of child victims of sexual exploitation and sexual abuse, and to promote national and international cooperation against sexual exploitation and sexual abuse of children (article 1). Alongside adopting specialized protective and preventive measures, measures to provide assistance to victims and CETS No.185. UNODC, 2013. Pp. 100-104. 253 http://conventions.coe.int/Treaty/Commun/ChercheSig. asp?NT=185&CM=8&DF=&CL=ENG. 254 CETS No. 201 (entered into force on July 1, 2010 and currently ratified by 30 Parties, including some non-Member States of the Council of Europe and the EU). 251 252 249 See, for example, UNODC, 2006. Toolkit to Combat Trafficking in Persons: Global Programme against Trafficking in Human Beings. Pp. xv-xviii. Available at http://www.unodc.org/ documents/human-trafficking/HT-toolkit-en.pdf. 250 ECOSOC Resolution 2005/20. 38 STUDY ON THE EFFECTS OF NEW INFORMATION TECHNOLOGIES ON THE ABUSE AND EXPLOITATION OF CHILDREN