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E/CN.15/2014/CRP.1 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 for Child Victims and Witnesses of Crime250, 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, law- and 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 ICT-facilitated child exploitation offences fall within the scope of article 9, which deals with offences related to child pornography.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 appropriate and effective counter-policies, States Parties are required to criminalize conduct related to the sexual abuse and exploitation of children as specified in articles 18 to 23 by either natural or legal persons as well as the attempt to commit and complicity or participation in such conduct (article 24).255 Specifically with regard to ICT-facilitated child __________________ 249 250 251 252 253 254 255 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. ECOSOC Resolution 2005/20. CETS No.185. UNODC, 2013. Pp. 100-104. http://conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=185&CM=8&DF=&CL=ENG. 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). See also E/CN.15/2011/2. V.14-03040 39

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Study facilitating the identification, description and evaluation of the effects of new information technologies on the abuse and exploitation of children (E /CN.15/2014/CRP.1)

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Intergovernmental Organisation

United Nations (UN)

Type of Document (for IGOs)

Policy-Related Documents: Other Documents

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Cyber Crime
Cyber Terrorism
Cybersecurity Awareness
Data Protection
Gender
Human & Digital Rights
International Cooperation
Training and Education

Summary

Prepared pursuant to Economic and Social Council resolution 2011/33 on Prevention, protection and international cooperation against the use of new information technologies to abuse and/or exploit children
Based primarily on open source research and the outcomes of an informal expert group meeting on ICT-facilitated abuse and exploitation of children
Includes four Chapters:
- Chapter I: identifies and defines key terms in analysing the problem of ICT-facilitated child abuse and exploitation and describes the most common types and forms of related behaviour
- Chapter II: evaluates the effects of ICTs on common forms of child abuse and exploitation; provides a brief overview of the main risk factors for victims as well as possible offender profiles; describes organized groups of offenders and the role of organized criminal networks in child abuse and exploitation
- Chapter III: identifies the main international and regional instruments relevant to combating the ICT-facilitated sexual abuse and exploitation of children
- Chapter III (additional section): 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
Includes Glossary or terms related to the Study’s scope and subject

Source Link 1: https://www.unodc.org/documents/commissions/CCPCJ/CCPCJ_Sessions/CCPCJ_23/E-CN15-2014-CRP1_E.pdf

Year Published: 2014

Document Language(s)

English

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Study facilitating the identification, description and evaluation of the effects of new information technologies on the abuse and exploitation of children (E /CN.15/2014/CRP.1)

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