III. CONCLUDING OBSERVATIONS, CONTINUED
CERD
• Republic of Korea, CERD, A/58/18 (2003) 83 at para. 496.
496. The Committee is concerned about the trafficking of foreign women to the State party for the purpose of prostitution, although it notes the State party’s efforts to combat this phenomenon.
The Committee encourages the State party to expand and strengthen ongoing efforts to prevent trafficking and provide support and assistance to victims, wherever possible in their own language.
• Nepal, CERD, A/59/18 (2004) 24 at para. 131.
131. The Committee notes the lack of information in the periodic report on the situation of women belonging to disadvantaged groups who are victims of multiple discrimination, and expresses concern over the situation of forced prostitution of girls and women of the Badi caste.
The Committee recommends that the State party consider issues of political representation, personal security, employment and education, in line with general recommendations XXV (2000) on gender-related dimensions of racial discrimination and XXIX (2002) on descent-based discrimination, in taking measures to eliminate multiple discrimination against women who belong to vulnerable groups...
• Suriname, CERD, A/59/18 (2004) 36 at para. 195.
195. The Committee is disturbed at reports of growing sexual exploitation of children and the rape of girls belonging to indigenous and tribal peoples in regions where mining and forestry operations have developed.
The Committee recommends that the State party take the necessary measures to ensure that those responsible are prosecuted.
• Argentina, CERD, A/59/18 (2004) 45 at para. 244.
244. The Committee is disturbed by reports of trafficking of migrants, particularly migrant women exploited as sexual workers.
The Committee urges the State party to develop comprehensive policies and allocate adequate resources to prevent, investigate and punish these crimes, as well as to provide assistance and support to victims...
• Belarus, CERD, A/59/18 (2004) 50 at para. 265.
265. While acknowledging the awareness-raising efforts made by the State party, the Committee notes with concern that Belarus is a country of transit for the trafficking of women and girls for the purpose of sexual exploitation.
The Committee recommends to the State party that it reinforce ongoing efforts to prevent and combat trafficking and provide support and assistance to victims, wherever possible in their own language. Furthermore, the Committee urges the State party to make determined efforts to prosecute the perpetrators and underlines the paramount importance of prompt and impartial investigations.
ICCPR
• Mali, ICCPR, A/58/40 vol. I (2003) 47 at para. 81(18).
(18) While welcoming the various programmes adopted by the State party, the Committee is very concerned about the situation of migrant girls leaving the countryside for the towns to work as domestic servants and who, according to some reports, work an average of 16 hours a day for very low or non-existent wages, are often the victims of rape and ill-treatment, and may be forced into prostitution (article 8).
The State party should intensify its efforts to punish those responsible for the exploitation of these migrant girls. The State party should adopt and develop appropriate complaint and protection mechanisms...
• Slovakia, ICCPR, A/58/40 vol. I (2003) 52 at para. 82(10).
(10) The Committee notes the efforts made by the State party to address the situation regarding trafficking in women, in particular by adopting a preventive strategy by providing information to potential victims and through international cooperation. However, the Committee notes that it has received only limited statistical information from the State party. It notes that trafficking is an international crime and therefore not only concerns women trafficked out of Slovakia, but also those being trafficked into Slovakia from neighbouring countries (arts. 3, 8).
The State party should strengthen programmes aimed at providing assistance to women in difficult circumstances, particularly those coming from other countries who are brought into its territory for the purpose of prostitution. Measures should be taken to prevent this form of trafficking and to impose sanctions on those who exploit women in this way. Protection should be extended to women who are the victims of this kind of trafficking so that they may have a place of refuge and an opportunity to give evidence against the persons responsible in criminal or civil proceedings. The Committee encourages Slovakia to continue its cooperative efforts with border States to eliminate trafficking across national borders.
• Israel, ICCPR, A/58/40 vol. I (2003) 64 at para. 85(5).
(5) The Committee welcomes the measures taken by the State party to combat trafficking in women for the purpose of prostitution, in particular the Prohibition on Trafficking Law enacted in July 2000 and the prosecution of traffickers since that date.
• Russian Federation, ICCPR, A/59/40 vol. I (2003) 20 at para. 64(10).
(10) The Committee is concerned about the large number of persons in the State party who are being trafficked for sexual and labour exploitation, mainly to destinations outside the borders of the State party. In this context, the Committee notes that the State party has given increasing attention to the problem in recent years. In particular, the Committee notes that anti-trafficking legislation has been drafted and that the State party is working towards the ratification of relevant United Nations treaties in this field.
The State party should reinforce measures to prevent and combat trafficking in women through, inter alia, enacting legislation penalizing such practices and providing protection and support, including rehabilitation programmes, for the victims (art. 8).
• Sri Lanka, ICCPR, A/59/40 vol. I (2003) 30 at para. 66(14).
(14) The Committee is concerned about recurrent allegations of trafficking in the State party, especially of children (art. 8).
The State party should vigorously pursue its public policy to combat trafficking in children for exploitative employment and sexual exploitation, in particular through the effective implementation of all the components of the National Plan of Action adopted to give effect to this policy.
• Belgium, ICCPR, A/59/40 vol. I (2004) 56 at para. 72(28).
(28) The Committee takes note of the new Act designed to boost the protection of children against the various forms of sexual exploitation, but is concerned at the frequency with which cases of sexual violence involving children occur (art. 24).
The State party should take all necessary steps to protect children in all areas in order to put an end to the cases of sexual violence of which they are victims.
• Kenya, ICCPR, A/60/40 vol. I (2005) 44 at para. 86(25).
(25) The Committee is concerned about allegations of trafficking of children and instances of child prostitution, as well as the State party’s failure to prosecute and punish trafficking offences that have come to the authorities’ knowledge and to afford adequate protection to victims (articles 8 and 24 of the Covenant).
The State party should adopt specific anti-trafficking legislation, including for the protection of the human rights of victims, and actively investigate and prosecute trafficking offences. It should implement policy across Government for the eradication of trafficking and for the provision of support to victims of trafficking.
• Mauritius, ICCPR, A/60/40 vol. I (2005) 52 at para. 88(11).
(11) The Committee notes the persistence of child labour and child prostitution (Covenant, arts. 7, 8 and 24).
The State party should pursue and strengthen its measures aimed at eradicating child prostitution and child labour.
• Thailand, ICCPR, A/60/40 vol. I (2005) 83 at para. 95(20).
(20) Notwithstanding the serious efforts undertaken by the State party to address the issue of trafficking in persons, including the establishment in March 2005 of the National Committee on Prevention and Suppression of Human Trafficking, and while welcoming the planned enactment of the new law on human trafficking, the Committee remains concerned that Thailand is a major country of origin, transit and destination for trafficking in persons for purposes of sexual exploitation and forced labour. The Committee is also concerned that child prostitution remains widespread. The Committee notes with concern that certain groups are at a particularly higher risk of being sold, trafficked and exploited, i.e. street children, orphans, stateless persons, migrants, persons belonging to ethnic minorities and refugees/asylum-seekers (arts. 8 and 24).
The State party should continue and strengthen its measures to prosecute and punish trafficking and to adequately protect the human rights of all witnesses and victims of trafficking, in particular by securing their places of refuge and opportunities to give evidence. The State party should enact the Suppression of Human Trafficking Bill without delay.
ICESCR
• Sweden, ICESCR, E/2002/22 (2001) 106 at paras. 718, 719, 730 and 746.
718. The Committee appreciates that the State party is committed to combating prostitution by strengthening its efforts to prevent trafficking in persons and by making the buying or even soliciting of sexual services a criminal offence.
719. The Committee welcomes the new legislation criminalizing in particular complicity in child pornography and the efforts undertaken by the State party to facilitate the prosecution of perpetrators.
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730. The Committee regrets that sexual exploitation of minors and women committed by Swedish citizens abroad is only punishable if the requirement of "dual criminality" is fulfilled.
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746. The Committee urges the State party to repeal the requirement of "dual criminality" in relation to the offence of sexual exploitation of minors and women committed by Swedish citizens abroad.
• Jamaica, ICESCR, E/2002/22 (2001) 130 at paras. 936, 937, 939, 949 and 950.
936. The Committee is deeply concerned about the lack of laws, policies or programmes to address explicitly the proliferation of sex tourism and its consequences which include the sexual exploitation and prostitution of women and children and the spread of sexually transmitted diseases. In particular, the Committee is alarmed that school dropout rates have increased as young girls are induced to leave school to enter the sex trade, sometimes even with the consent and encouragement of parents who benefit from their earnings.
937. The Committee is profoundly concerned about the violence that has apparently become widespread in the State party. It is reported that over 1,000 people have been murdered in the year 2001 alone and that "tribal" politics is such that warlords rule large sections of the capital city where they are involved in extortion, drugs and prostitution. The Committee is particularly concerned that violence - including domestic and sexual violence - is committed against women of all ages and against children...The fact that these acts are committed with impunity constitutes a serious violation by the State party of its Covenant obligations.
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939. The Committee is alarmed that, according to information received from United Nations organizations, HIV/AIDS is currently the leading cause of death among men and women in the 15-44 age group...The Committee is also concerned that the prevalence of HIV infection among girls in their late teens is twice that of older women according to UNAIDS, which attributes this phenomenon to young women participating in the sex tourism trade.
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949. The Committee recommends that the State party undertake urgently legislative and administrative measures to prohibit and penalize sex tourism and the exploitation of women and children in this regard.
950. The Committee calls upon the State party to exercise the full authority of the law and all means at its command to eradicate the scourge of violence. The Committee reminds the State party that in undertaking measures to combat violence, respect for human dignity and protection of human rights must be ensured at all times...
• Czech Republic, ICESCR, E/2003/22 (2002) 25 at paras. 85 and 104.
85. The Committee is concerned about the increasing rate of trafficking in women as well as the sexual exploitation of children.
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104. The Committee urges the State party to adopt effective measures against the trafficking in women as well as the sexual exploitation of children.
• Slovakia, ICESCR, E/2003/22 (2002) 50 at paras. 321 and 335.
321. The Committee is concerned about the persistent problem of trafficking in women, as well as the sexual exploitation of women and children in the State party.
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335. The Committee urges the State party to adopt effective measures, including through regional cooperation, to combat trafficking in women and to adopt preventive programmes to combat the sexual exploitation of women, adolescents and children.
• Poland, ICESCR, E/2003/22 (2002) 54 at paras. 365 and 387.
365. The Committee is concerned about the rising incidence of trafficking in women for the purpose of sexual exploitation.
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387. The Committee... recommends that the State party take effective measures to combat trafficking in women, inter alia, by ensuring that those responsible for trafficking are prosecuted, and to ratify the international instruments aimed at intensifying cooperation in this field among States, including the additional Protocol to the United Nations Convention against Transnational Organized Crime to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children...
• Georgia, ICESCR, E/2003/22 (2002) 59 at paras. 419 and 437.
419. The Committee is concerned about the high number of children living and/or working in the streets who are often victims of various forms of exploitation, including prostitution and pornography.
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437. The Committee calls upon the State party to undertake urgent and effective measures to address the problems faced by children living and/or working in the street, and to protect them against all forms of exploitation.
• Luxembourg, ICESCR, E/2004/22 (2003) 24 at para. 73.
73. The Committee welcomes the measures undertaken by the State party to combat trafficking in persons, child pornography and sexual exploitation of women and children. In particular, the Committee welcomes the extraterritorial application of certain provisions of the Penal Code, allowing for the criminal prosecution of persons, both nationals and non-nationals, for sexual crimes committed abroad.
• Brazil, ICESCR, E/2004/22 (2003) 28 at paras. 137 and 161.
137. The Committee is deeply concerned about the high incidence of trafficking in women for the purpose of sexual exploitation.
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161. The Committee recommends the adoption by the State party of specific legislation against trafficking in persons and its effective implementation.
• Lithuania, ICESCR, E/2005/22 (2004) 18 at paras. 85 and 107.
85. The Committee notes with concern that trafficking in women and children continues to be a problem in the State party, which is a country of origin and transit, in spite of the existence of the Programme for the Control and Prevention of Trafficking in Human Beings and Prostitution for 2002-2004 and the fact that the new Criminal Code provides for criminal liability for a number of trafficking-related crimes, including trade in people (art. 147), profiting from another person’s prostitution (art. 307), and procuring to prostitution (art. 308)...
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107. The Committee recommends that the State party reinforce measures under the Programme for the Control and Prevention of Trafficking in Human Beings and Prostitution for 2002-2004, including by strengthening international cooperation in these areas. The State party should also ensure that victims of trafficking have access to crisis centres where they can receive assistance...
• Greece, ICESCR, E/2005/22 (2004) 23 at paras. 138 and 159.
138. The Committee expresses its concern about the high numbers of trafficked women and children who are subjected to forced labour and sexual exploitation, and who are often deported to their countries of origin rather than being granted a residence permit, reportedly in an expeditious manner and without the necessary procedural safeguards.
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159. The Committee urges the State party to ensure respect for the necessary procedural safeguards when deporting victims of trafficking in persons, particularly when such victims are children. The State party should also continue and intensify its cooperation with neighbouring countries in combating trafficking in persons, provide medical, psychological and legal support to such victims...
• Ecuador, ICESCR, E/2005/22 (2004) 39 at paras. 289 and 314.
289. The Committee is deeply concerned about the high incidence of sexual abuse, prostitution of girls and boys under the age of 18 in urban areas, exploitation of children and the lack of a comprehensive strategy to address these problems.
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314. The Committee urges the State party to address the issues of sexual abuse, prostitution of girls and boys and exploitation of children by adopting a comprehensive strategy to address these problems...
• Denmark, ICESCR, E/2005/22 (2004) 49 at paras. 393 and 406.
393. The Committee notes with concern that, in spite of the measures taken by the State party, Denmark continues to face problems of child pornography, sexual exploitation of children, and trafficking in women and children.
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406. The Committee encourages the State party to continue and strengthen its efforts to address the problem of trafficking in persons, especially women and children, as well as commercial sexual exploitation in the State party...
• Chile, ICESCR, E/2005/22 (2004) at paras. 549 and 573.
549. The Committee is concerned about the high number of children working in the sex industry in the State party.
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573. The Committee recommends that the State party strengthen measures to combat sexual abuse and commercial sexual exploitation of children and provide victims of such abuse with adequate care.
• Zambia, ICESCR, E/2006/22 (2005) 19 at paras. 93 and 115.
93. The Committee is concerned about the large number of street children, especially in the capital, Lusaka, who are particularly exposed to physical and sexual abuse, prostitution, and a high risk of HIV infection.
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115. The Committee reiterates the recommendation made by the Committee on the Rights of the Child at its thirty-third session in 2003 (CRC/C/132, chap. II, para. 220) and, in particular, that street children be provided with preventive and rehabilitative services for physical and sexual abuse, as well as adequate food, clothing, housing, health care and educational opportunities...
• China, ICESCR, E/2006/22 (2005) 25 at paras. 158 and 187.
158. The Committee is also concerned at the lack of reliable information, including statistics, on the extent of the problem of sexual exploitation of women and children in the State party, including prostitution, sale and trafficking in persons.
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187. The Committee urges the State party to adopt legislation that specifically criminalizes the trafficking of human beings and to establish mechanisms to effectively monitor its strict enforcement and provide protection and assistance to victims of sexual exploitation...
• China (Hong Kong Special Administrative Region), ICESCR, E/2006/22 (2005) 34 at paras. 214 and 226.
214. The Committee expresses concern about reports of the high incidence of trafficking in persons, especially women and children, in the Hong Kong Special Administrative Region, mainly for the purpose of sexual exploitation...
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226. ...The Committee urges the State party to ensure respect for the necessary procedural safeguards when deporting victims of trafficking in persons, particularly when such victims are minors, and to provide them with the necessary medical, psychological and legal support...
• China (Macao Special Administrative Region), ICESCR, E/2006/22 (2005) 38 at paras. 242 and 252.
242. The Committee notes with concern that trafficking in women and children for sexual exploitation is a serious problem in the Macao Special Administrative Region and that prosecution of traffickers generally has not been effective.
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252. The Committee recommends that the Macao Special Administrative Region make concerted efforts to combat the phenomenon of trafficking in persons. The Macao Special Administrative Region should also ensure that victims of trafficking have access to crisis centres where they can receive assistance...
• Serbia and Montenegro, ICESCR, E/2006/22 (2005) 41 at paras. 285 and 312.
285. The Committee is deeply concerned about the high numbers of trafficked women and children for purposes of sexual exploitation and forced labour, as well as about reported incidents of police involvement.
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312. The Committee urges the State party, in addition to the recent legislative measures to combat trafficking in persons, to prosecute and punish perpetrators and corrupted law enforcement officials involved in trafficking, to provide medical, psychological and legal support to victims, to raise awareness about the dimension of the crime among law enforcement officials...
• Norway, ICESCR, E/2006/22 (2005) 48 at paras. 344 and 363.
344. The Committee is concerned that Norway is a destination for women trafficked for the purpose of sexual exploitation.
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363. The Committee urges the State party to continue and strengthen its efforts to address the problems of trafficking in persons and commercial sexual exploitation...
CEDAW
• Fiji, CEDAW, A/57/38 part I (2002) 9 at paras. 60, 61, 64 and 65.
60. The Committee notes with concern that an increase in levels of poverty and adverse economic conditions are undermining Fiji's gains in women's education. These conditions have led to a higher incidence of girls dropping out of school, with connected problems of early marriage, teenage pregnancies and sexual exploitation.
61. The Committee recommends the introduction of targeted policies and programmes to reduce poverty, prevent early marriage, teenage pregnancies and girls dropping out of school.
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64. The Committee is concerned that there is a growing problem of prostitution due to economic hardship, and that a colonial law from 1944 which penalizes the conduct of only women who engage in prostitution continues to be enforced.
65. The Committee recommends an holistic and integrated programme of law reform, and policies and programmes to facilitate reintegration, and the criminalization of the actions of only those who profit from the sexual exploitation of women.
• Estonia, CEDAW, A/57/38 part I (2002) 13 at para. 102.
102. ...[The] Committee...urges the State party to...adopt and implement distinct legislation on trafficking and that it increase its collaboration with other countries of origin, transit and destination of trafficked women and girls and to report on the results of such collaboration. It also recommends the creation of social support and reintegration programmes for victims of prostitution and trafficking.
• Trinidad and Tobago, CEDAW, A/57/38 part I (2002) 19 at para. 146.
146. The Committee urges the State party to place a high priority on measures to address violence against women in the family and in society in accordance with the Committee's general recommendation 19 and the Declaration on the Elimination of Violence against Women. The Committee recommends that the State party introduce measures to raise public awareness about violence against women and urges the State party to strengthen its activities and programmes to focus on sexual violence, incest and prostitution.
• Iceland, CEDAW, A/57/38 part I (2002) 27 at paras. 245 and 246.
245. While noting that the State party has taken a positive legal and welfare approach towards preventing violence against women, including domestic violence, the Committee expresses concern at the light penalties for crimes of sexual violence, including rape.
246. The Committee urges the State party to continue its efforts to implement and strengthen current laws, policies and programmes aimed at combating violence against women, and to increase its awareness-raising activities and work with male perpetrators. It also urges the State party to reconsider the current penal provisions which impose light sentences on perpetrators of sexual violence, including rape. It also encourages the State party to consider the issue of violence against women under the provisions the Convention and the Committee’s general recommendation 19 on violence against women...
• Portugal, CEDAW, A/57/38 part I (2002) 35 at paras. 333 and 334.
333. The Committee is concerned that incest is not defined explicitly as a crime under the Penal Code but is dealt with indirectly under a number of different penal provisions.
334. The Committee urges the State party to include incest as a crime in the Penal Code so as to make it easier for women and girls who are victims of incest to have access to effective means of redress and protection.
• Russian Federation, CEDAW, A/57/38 part I (2002) 40 at paras. 393-396.
393. The Committee is concerned about reports regarding the great increase in prostitution and, in particular, at the number of girl street children who are exploited as prostitutes. It is concerned that the poverty of women and girls is the major causal factor.
394. Noting the State party's programmes of action to provide street children with shelter, subsistence and education, the Committee urges the State party to continue and extend such programmes and to apply them, appropriately modified and strengthened, to women forced into prostitution by poverty. It also urges giving priority to the prosecution of those who exploit prostitutes and of adults involved in the exploitation of child prostitutes, with the introduction of special legislative provisions, if necessary.
395. The Committee is concerned at the extent of trafficking of Russian women to foreign countries for sexual exploitation. It notes that, in the period from 1994 to 1997, only four court cases were brought and seven persons were convicted for such offences. In addition, the Committee is concerned that the Russian Federation itself has become a country of destination for trafficked women.
396. The Committee recommends the formulation of a comprehensive strategy to combat the trafficking of women, which should include the prosecution and punishment of offenders, increased international regional and bilateral cooperation, in particular with countries of destination and transit, witness protection and the rehabilitation of women and girls who have been victims of trafficking...
• Suriname, CEDAW, A/57/38 part II (2002) 82 at paras. 49 and 50.
49. The Committee is concerned about the low penalty for those who exploit prostitutes and that those who exploit prostitutes are not prosecuted. The Committee notes with regret that trafficking in women and girls has not been legally defined and has not been given the attention it deserves. The Committee is particularly concerned that the problem is viewed as a crime against public decency, rather than as a human rights issue, and that it is not being addressed owing to the lack of data...
50. The Committee recommends the development of programmes of action for women forced into prostitution by poverty and the introduction of policies to ensure the prosecution of, and stronger penalties for, those who exploit prostitutes and of adults involved in the exploitation of child prostitutes...
• Saint Kitts and Nevis, CEDAW, A/57/38 part II (2002) 90 at paras. 105, 106, 111 and 112.
105. ...The Committee is concerned about the high incidence of sexual abuse of girls, particularly by older men...
106. The Committee urges the State party...adopt a zero tolerance approach to the sexual abuse of girls... The Committee also urges the State party to prosecute the perpetrators of abuse against girls...
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111. The Committee is concerned about the lack of information about the phenomenon of prostitution in Saint Kitts and Nevis. The Committee is particularly concerned about the lack of adequate measures to prosecute pimps.
112. ...The Committee...urges the State party to formulate a broad strategy against trafficking and prostitution, which should include the prosecution and punishment of traffickers and pimps.
• Belgium, CEDAW, A/57/38 part II (2002) 95 at paras. 153 and 154.
153. ...The Committee is...concerned that deletion of the crime of procuring to avoid sanctions for cohabitation may facilitate exploitation of prostitutes.
154. The Committee...calls on the State party to review the change in the Law on procurement to ensure that the exploitation of prostitutes is not facilitated.
• Armenia, CEDAW, A/57/38 part III (2002) 150 at paras. 50 and 51.
50. The Committee expresses concern at the lack of information in the report and in the responses on prostitution and that the State party has not made sufficient efforts to address the issue of exploitation of prostitutes.
51. The Committee requests the State party to...formulate and implement a comprehensive programme to address this phenomenon, including through the enactment of legislation against exploitation of prostitutes.
• Uganda, CEDAW, A/57/38 part III (2002) 164 at paras. 145 and 146.
145. The Committee is concerned that exploitation of women and girls in prostitution is increasing. The Committee is also concerned that the prevalence of HIV/AIDS and other sexually transmitted diseases among prostitutes is increasing.
146. The Committee recommends the development of programmes of action relating to prostitution and the introduction of legislation to ensure the prosecution of, and stronger penalties for, exploitation of female prostitutes. The Committee invites the State party to expand its programmes for women’s economic empowerment. The Committee urges the State party to pay full attention to the provisions of health services for prostitutes, so as to curb the rise in HIV/AIDS.
• Guatemala, CEDAW, A/57/38 part III (2002) 171 at paras. 184 and 185.
184. The Committee expresses concern about the ambiguity of laws dealing with prostitution, particularly child prostitution, which prohibit but do not establish sanctions commensurate with the gravity of the offences. It is further concerned about the high level of child prostitution and sexual exploitation of minors.
185. The Committee recommends that the State party review existing legislation relating to the criminalization of child prostitution and sexual exploitation of minors and take steps to implement its National Plan of Action against Commercial Sexual Exploitation of Children and Adolescents in Guatemala.
• Barbados, CEDAW, A/57/38 part III (2002) 177 at paras. 235, 236 and 238.
235. The Committee is concerned at the limited information provided on trafficking in women and girls and their exploitation in prostitution in the State party’s report. The Committee is concerned that there is no data on prostitution and that the issue is not being addressed.
236. The Committee recommends the introduction of policies to ensure the prosecution of, and strong penalties for, those who exploit prostitutes...
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238. ...The Committee urges the State party to strengthen its activities and programmes to focus on sexual violence, sexual crimes, incest and prostitution, especially prostitution associated with tourism, and to provide comprehensive training for the judiciary, the police, medical personnel and other relevant groups on all forms of violence against women, including domestic violence...
• Greece, CEDAW, A/57/38 part III (2002) 184 at paras. 279 and 280.
279. The Committee is concerned that the State party is increasingly becoming a country of transit and destination for trafficked women and girls, inter alia for purposes of sexual exploitation, and that the draft legislation on “the elimination of trafficking in human beings, of crimes against sexual freedom, of pornography against minors, and generally sexual exploitation and assistance to victims of these crimes” insufficiently protects the human rights of women and girls who have been trafficked.
280. The Committee urges the State party to design and implement a holistic approach to combat trafficking in women and girls. It urges the State party to review the draft legislation in order to strengthen the provisions on assistance and to ensure the protection of the human rights of trafficked women and girls. It also urges the State party to further strengthen provisions related to the sexual exploitation of trafficked women and girls.
• Hungary, CEDAW, A/57/38 part III (2002) 189 at paras. 323.
323. Noting that the State party is considering a new draft law on prostitution, the Committee is still concerned that current regulations establishing so-called “zones of protection” where prostitution is prohibited and “zones of tolerance” where prostitution is permitted may be rendering the exploitation of women in prostitution difficult to punish, thereby worsening their situation.
• Argentina, CEDAW, A/57/38 part III (2002) 196 at paras. 364 and 365.
364. ...The Committee is concerned that the crisis might increase the risk of trafficking in women and girls and their exploitation for purposes of prostitution.
365. ...The Committee requests the State party, especially, to evaluate the trafficking of women and girls and to strengthen domestic measures and, if necessary, international measures in cooperation with other countries that are countries of origin, transit or destination for the exploitation of women and girls for purposes of trafficking, in particular to prevent the exploitation of prostitution.
• Mexico, CEDAW, A/57/38 part III (2002) 205 at paras. 435-438.
435. The Committee notes with great concern the problems of exploitation of prostitution, child pornography, and trafficking of women and girls in Mexico and the lack of sex-disaggregated statistics on the incidence and growth of these phenomena.
436. The Committee encourages the State party to take steps to combat trafficking of women and girls and the exploitation of prostitution, both outside and inside the country, and to compile and systematize sex-disaggregated data in order to formulate a broad strategy for putting an end to such degrading practices and punishing their perpetrators.
437. In view of the growing number of Mexican women emigrating to other countries in search of greater job opportunities, the Committee is concerned that this may make them especially vulnerable to situations of exploitation or trafficking.
438. The Committee urges the State party to focus on the causes of that phenomenon by adopting measures to alleviate poverty and strengthen and promote the economic input of women, as well as fully guarantee the recognition and exercise of their rights. The Committee further encourages the State party to seek bilateral and multilateral agreements with the receiving countries.
• Peru, CEDAW, A/57/38 part III (2002) 212 at paras. 486 and 487.
486. The Committee is concerned about the dearth of information on the treatment of women and girls and the exploitation of prostitution.
487. ...The Committee urges the State party to apply the laws prohibiting the exploitation of the prostitution of women.
• Albania, CEDAW, A/58/38 part I (2003) 13 at paras. 70 and 71.
70. ...[The Committee is] concerned that prostitutes, but not those who exploit prostitutes, are prosecuted and punished.
71. The Committee recommends...that the State party review existing legislation and take steps to ensure that victims of trafficking are not penalized and that all those who exploit prostitutes are punished and prosecuted...
• Switzerland, CEDAW, A/58/38 part I (2003) 20 at paras. 124 and 125.
124. While recognizing the efforts made by the State party to address the issue of trafficking in women and girls, the Committee remains concerned about the prevalence of this grave problem, which is a human rights violation. The Committee is also concerned about the exploitation of prostitutes in the State party. It considers that measures to address these phenomena are insufficient and that information on these issues is lacking.
125. The Committee urges the State party to continue its efforts to combat trafficking in women and girls. It recommends the formulation of a comprehensive strategy, which should include measures of prevention, the prosecution and punishment of offenders and increased international, regional and bilateral cooperation... The Committee recommends the development of programmes of action for women forced into prostitution by poverty and the adoption of all appropriate measures to combat and eradicate the exploitation of prostitution, including the prosecution of, and strong penalties for, those who exploit prostitutes...
• Kenya, CEDAW, A/58/38 part I (2003) 35 at paras. 219 and 220.
219. The Committee expresses concern that, despite the laws and sanctions in place, prostitution continues to thrive, particularly in urban areas. The Committee is particularly concerned about the lack of information on the extent of the exploitation of prostitution and the lack of measures to combat this, including the lack of adequate penalties for those who exploit prostitutes.
220. The Committee requests the State party to study the phenomenon of prostitution and to take appropriate measures to combat the exploitation of prostitution in urban areas. It recommends that a holistic approach be pursued in order to facilitate the reintegration of prostitutes into Kenyan society and urges the State party to provide rehabilitation and other programmes to women exploited in prostitution. It also recommends prosecution and punishment for those who profit from the sexual exploitation of women and girls.
• El Salvador, CEDAW, A/58/38 part I (2003) 41 at paras. 271 and 272.
271. Although there is legislation on trafficking and mention is made of a bill on the exploitation of children, the Committee notes with concern the problem of exploitation of prostitutes and trafficking and sale of women and girls and the lack of studies, analyses and gender-disaggregated statistics on its incidence.
272. The Committee urges the State party to take measures to combat the phenomenon of trafficking and sale of women and girls and exploitation of prostitutes and to evaluate this phenomenon and compile systematic sex-disaggregated data on it with a view to formulating a broad strategy to address this problem and punish perpetrators.
• Norway, CEDAW, A/58/38 part I (2003) 61 at paras. 421 and 422.
421. The Committee notes with concern that trafficking in women and children for the purpose of sexual exploitation has not yet been defined explicitly as a crime under the penal code or criminalized.
422. The Committee urges the State party to enact relevant legislation in this regard.
• Costa Rica, CEDAW, A/58/38 part II (2003) 86 at paras. 56 and 57.
56. The Committee takes note of the Government’s efforts to combat sexual exploitation and forced prostitution through the promulgation of Act 7899 on the Sexual Exploitation of Minors and the establishment of the Special Prosecutor for Sexual Offences and of the Sexual Exploitation Unit in the Ministry of Public Security. Nevertheless, the Committee notes with concern that at political and judicial decision-making levels, and in Costa Rican society at large, there does not appear to exist an awareness of the social and cultural implications of the offence of traffic in persons and sexual exploitation of women and girls.
57. The Committee requests the State party to strengthen actions aimed at combatting traffic in persons and sexual exploitation of women and girls, and to encourage awareness in all sectors of Costa Rican society, particularly the judicial and public security authorities, educators and parents, with a view to the implementation of measures to prevent sexual exploitation of children, adolescents and adults...
• Brazil, CEDAW, A/58/38 part II (2003) 93 at paras. 116 and 117.
116. The Committee is concerned at the increased rate of the various forms of sexual exploitation of and trafficking in women and girls in Brazil, both internally and across borders. It is particularly concerned about the participation of police personnel and their connivance in sexual exploitation and trafficking and about the impunity of abusers, aggressors, exploiters and traffickers as reported by the State party...
117. The Committee recommends the formulation of a comprehensive strategy to combat trafficking in women and girls, which should include prosecution and punishment of offenders and protection and support to victims...
• Ecuador, CEDAW, A/58/38 part II (2003) 122 at paras. 309-314.
309. Given the increasing numbers of Ecuadorian women taking refuge in foreign countries to escape from poverty and extreme poverty, the Committee is concerned at the fact that this situation makes it likely that emigrant women will be victims of various forms of violence, exploitation and trafficking. The Committee is likewise concerned at the vulnerability of women whose spouses emigrate to other countries. It is also concerned at the situation of Ecuadorian women living on the Ecuador-Colombia border and that of Colombian women who flee Colombia and take refuge in Ecuador, since they are also victims of violence of all kinds owing to the militarization of the border area and the application of “Plan Colombia”.
310. The Committee urges the State party to focus on the causes of this phenomenon and adopt measures to alleviate poverty and extreme poverty, and to protect migrant women and those who remain in Ecuador when their spouses emigrate, as well as women living on the Ecuador-Colombian border.
311. Although the Constitution guarantees the protection of children and adolescents from trafficking, prostitution, pornography and sexual exploitation, and the law defines the corruption of minors as a serious offence, the Committee is concerned that many such activities are not explicitly defined as serious offences by the Penal Code and that there is insufficient protection for the victims of such offences. The Committee is also concerned at the lack of studies, analyses and gender-disaggregated statistics on the incidence of these activities. The Committee is also concerned that sexual abuse is not defined as an offence; it is especially concerned at the fact that trafficking in women, particularly for the sex industry, is not penalized by law, leaving its victims unprotected.
312. The Committee recommends that the Penal Code should severely penalize these serious offences against children and adolescents, that the appropriate measures should be taken to protect and rehabilitate the victims and that the appropriate studies and analyses should be conducted to enable the Government to deal effectively with the situation. The Committee further believes that trafficking in women, particularly for the sex industry, should be strictly penalized.
313. The Committee is concerned at the Government’s lack of attention to the problem of prostitution and at the fact that current legislation fails to penalize pimps for managing premises for this type of exploitation. This is the case under the rules established by the administrative authorities, and those rules are incompatible with article 6 of the Convention.
314. The Committee recommends that appropriate attention should be given to the problem of prostitution and that the law should penalize those who engage in the exploitation of prostitution.
• New Zealand, CEDAW, A/58/38 part II (2003) 138 at paras. 413 and 414.
413. Noting that recent legislation decriminalizes prostitution by repealing some of the offences associated with prostitution and soliciting, the Committee is concerned that prostitutes continue to face risks of exploitation and violence.
414. The Committee recommends that the State party begin immediately to monitor the implementation of this law... The Committee also urges the State party to increase its efforts to provide training and education to prostitutes in order to ensure that they can acquire alternative means of earning their livelihood.
• Nepal, CEDAW, A/59/38 part I (2004) 34 at paras. 192, 208 and 209.
192. The Committee commends the State party for identifying gender equality as a priority in its national development plan and welcomes new laws and legal reforms, such as...the Legal Aid Act, under which free legal aid is available in cases of abortion, trafficking, sexual exploitation and domestic violence...
...
208. The Committee is concerned at the continuing existence of child marriage and polygamy and other practices, including the institution of dowry, deuki (dedicating girls to a god and goddess), jhuma (in some communities, second sisters remain unmarried and spend their life in monasteries), kumari pratha (having a girl child as living goddess) and badi (ethnic practice of prostitution among young girls), that are contrary to the Convention and constitute discrimination against women...
209. The Committee recommends action without delay by the State party to enforce its marriage laws, particularly as they relate to the prohibition of child marriage and polygamy, in the light of general recommendation 21 on equality in marriage and family relations, and urges the State party to take steps to abolish other harmful and discriminatory traditional practices, such as dowry deuki, jhuma, kumari pratha, and badi. The Committee also recommends that the State party take comprehensive and effective measures, including the training of the judiciary and law enforcement officials and public awareness-raising campaigns aimed at eliminating these practices...
• Ethiopia, CEDAW, A/59/38 part I (2004) 42 at paras. 265 and 266.
265. The Committee, while welcoming the establishment of a national committee on migration, is concerned about the increasing number of Ethiopian women migrating to other countries in search of work and finding themselves in situations where they are vulnerable to various forms of violence, exploitation and trafficking.
266. The Committee urges the State party to step up its efforts to protect women migrant workers; prevent the activities of illegal employment agencies; ensure that women are provided with adequate information on safe migration before departure; and conclude bilateral agreements with receiving countries. It also recommends that the State party consider acceding to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
• Nigeria, CEDAW, A/59/38 part I (2004) 49 at paras. 301 and 302.
301. The Committee, while recognizing the efforts of the State party to combat trafficking in women and the exploitation of the prostitution of women, such as adoption of the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act, 2003, and the appointment of a high-level official on human trafficking and child labour, expresses its concern about the prevalence and extent of this problem in Nigeria, which has become a country of origin and transit of trafficked women and girls. The Committee notes with concern that the transmission of sexually transmitted diseases and HIV/AIDS is further exacerbated by sexual exploitation in Nigeria.
302. The Committee urges the State party to ensure full implementation of the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act, 2003, and to develop a comprehensive strategy to combat trafficking in women and girls, including the prosecution and punishment of offenders, counselling and rehabilitation of victims, and awareness-raising and training activities for those involved in combating trafficking. It calls on the State party to intensify international, regional and bilateral cooperation with other countries of origin, transit and destination for trafficked women and girls. It also recommends the introduction of measures aimed at improving the economic situation of women so as to eliminate their vulnerability to traffickers.
• Germany, CEDAW, A/59/38 part I (2004) 62 at paras. 394, 395, 400 and 401.
394. The Committee is concerned about the situation of migrant and minority women, including Sinti and Roma women, who suffer from multiple forms of discrimination based on sex, ethnic or religious background and race, and at the vulnerability of some of these women to trafficking and sexual exploitation...
395. The Committee urges the State party to take effective measures to eliminate discrimination against migrant and minority women, both in society at large and within their communities, and to respect and promote their human rights, through effective and proactive measures, including awareness-raising programmes. The Committee recommends that the State party continue to undertake research on the situation of migrant and minority women and girls...
...
400. While acknowledging that the Act Regulating the Legal Situation of Prostitutes aimed at the improvement of the legal and social protection has come into force, the Committee remains concerned at the exploitation of prostitutes.
401. The Committee recommends that the State party monitor the Act...The Committee recommends the implementation of programmes that offer a wide range of alternative means of earning a livelihood, thereby discouraging women from entering into prostitution, as well as rehabilitation programmes to help them. The Committee also recommends the implementation of educational and information programmes on the human rights issues involved in the exploitation of prostitution.
• Latvia, CEDAW, A/59/38 part II (2004) 103 at paras. 59 and 60.
59. The Committee is concerned about the lack of sufficient information and data on prostitution in Latvia. Moreover, the Committee is concerned about the involvement of under-age girls in prostitution, and the high demand for under-age prostitutes, as well as the reported insufficient rehabilitation and social integration services available to them.
60. The Committee calls on the State party to take all appropriate measures to suppress exploitation of prostitution of women, including discouraging the demand for prostitution. The Committee calls upon the State party to ensure that under-age girl prostitutes are offered the support they need to be rehabilitated and reintegrated into society. The Committee also urges the development of programmes of action and the adoption of all appropriate measures to create educational and employment opportunities for young girls at risk of entering prostitution, and to combat and eradicate the exploitation of these young girls, including the prosecution of, and strong penalties for, those who exploit them.
• Angola, CEDAW, A/59/38 part II (2004) 118 at paras. 156 and 157.
156. The Committee is concerned that prostitution continues to thrive, owing to the poverty of women and girls. The Committee is also concerned about the exploitation of prostitutes, especially of young girls, and the lack of information about the efforts to combat this phenomenon...
157. The Committee urges the State party to pursue a holistic approach in order to provide women and girls with educational and economic alternatives to prostitution, to facilitate the reintegration of prostitutes into society and to provide rehabilitation and economic empowerment programmes to women and girls exploited in prostitution. The Committee further calls on the State party to take appropriate measures to suppress the exploitation of prostitution of women, including through the discouragement of the demand for prostitution...
• Equatorial Guinea, CEDAW, A/59/38 part II (2004) 126 at paras. 203 and 204.
203. The Committee expresses concern that prostitution continues to thrive, particularly in urban areas. The Committee also expresses concern about the lack of adequate enforcement of the law and imposition of penalties on those who exploit prostitutes.
204. The Committee requests the State party to take all appropriate measures to combat the exploitation of prostitution of women with a view to address its root causes including poverty, as well as through the discouragement of the demand for prostitution. It recommends that a holistic approach be pursued in order to provide women with economic alternatives to prostitution and to facilitate the reintegration of prostitutes into society and urges the State party to provide rehabilitation and other programmes to women and girls exploited in prostitution. The Committee urges the State party to ensure the prosecution and punishment of those who exploit prostitutes.
• Dominican Republic, CEDAW, A/59/38 part II (2004) 141 at paras. 296 and 297.
296. The Committee is concerned about the State party’s lack of attention to the problem of the exploitation of prostitution and the causes for it, as well as the growing number of Dominican women who are sexually exploited. The Committee is concerned that, although measures have been taken to combat trafficking in women and girls, a growing number of Dominican women and girls are victims of trafficking.
297. The Committee requests the State party to pay due attention to the problem of the exploitation of prostitution and take steps to combat the causes, and recommends discouraging the demand for prostitution. The Committee recommends that the State party take action to provide female prostitutes with economic alternatives, so that they may live in dignity. The Committee requests the State party to take steps to protect women at risk of exploitation and to take stronger action to combat trading and trafficking in women and girls, including the prosecution and punishment of perpetrators and the provision of adequate support and protection to victims. The Committee recommends the introduction of measures aimed at making such women, particularly teenagers and girls, less vulnerable to traffickers and sexual exploiters.
• Spain, CEDAW, A/59/38 part II (2004) 149 at paras. 336 and 337.
336. While commending the State party for its legal and other measures against trafficking in women and girls, the Committee expresses its concern about increasing incidence of trafficking in women and girls. It is concerned about the situation of trafficked women, particularly those who claim refugee status on grounds of gender-based persecution.
337. The Committee urges the State party to increase its efforts at international cooperation with countries of origin and transit, within and outside of the European Union, both for dealing with the economic forces that make women victims of trafficking and for the prevention of trafficking through information exchange. The Committee further calls on the State party to take all appropriate measures to suppress exploitation of prostitution of women, including discouraging the demand for prostitution. The Committee also urges the State party to continue to collect and analyse data from the police and international sources, prosecute and punish traffickers, and ensure the protection of the human rights of trafficked women and girls. The Committee calls on the State party to ensure that trafficked women and girls have adequate support to be in a position to provide testimony against their traffickers. It further urges the State party to afford full protection under the 1951 Geneva Convention on Refugees, inter alia, to trafficked women who seek asylum on grounds of gender-based persecution in line with the latest developments in international refugee law and the practice of other States.
• Lao People’s Democratic Republic, CEDAW, A/60/38 part I (2005) 16 at paras. 102 and 103.
102. While recognizing the new measures to combat the increasing incidence of trafficking in the country and in the region, including the strengthened law enforcement system, cooperation with neighbouring countries and the establishment of the service mechanism to assist and protect victims of trafficking, the Committee is concerned that no substantial information was provided on how the mechanism works and its impact on combating trafficking in women and girls. It is also concerned about the increasing occurrences of such trafficking. The Committee is concerned about the exploitation of prostitution of women and at the lack of information on the prevalence and magnitude of the problem.
103. The Committee requests that the State party provide detailed information on the impact of various measures to combat trafficking in women and girls, including the number of and trends in arrests of traffickers, the number of victims and the manner in which they benefited from the return and repatriation services, as well as information on any additional measures to combat trafficking. The Committee also recommends that the State party collect information and carry out studies on the extent of exploitation of prostitution and take more proactive measures to address the problem, including through discouraging the demand for prostitution.
• Croatia, CEDAW, A/60/38 part I (2005) 30 at paras. 204 and 205.
204. The Committee is concerned about the incidence of trafficking in women and that the State party has become a country of origin, transit and destination of trafficked women and girls. The Committee is concerned that the incidence of trafficking is leading to an increase in exploitation of the prostitution of women.
205. The Committee urges the State party to step up its efforts to combat trafficking in women and girls, including finalization and implementation of its Operative Plan for Prevention of Trafficking, 2004 to 2008. The Committee further calls on the State party to take all appropriate measures to suppress exploitation of the prostitution of women, including through discouraging the demand for prostitution and taking measures to rehabilitate and support women who want to get out of prostitution.
• Paraguay, CEDAW, A/60/38 part I (2005) 44 at paras. 283 and 284.
283. While appreciating the State party’s efforts to address the issue of trafficking in women and girls, including the ratification of the United Nations Convention against Transnational Organized Crime in 2003, its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children in 2004 and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in 2003, and the establishment of an inter-agency board including representatives of civil society to combat trafficking, the Committee is concerned that domestic legislation has not been put in place in line with those instruments and that provisions on sexual exploitation and trafficking of girls and boys are absent from the Childhood and Adolescence Code. It also expresses concern about the lack of a comprehensive plan to prevent and eliminate trafficking of women and to protect victims, as well as the lack of systematic data collection on this phenomenon.
284. The Committee recommends that the State party bring its domestic legislation into line with the ratified international instruments and implement and fully fund a national strategy to combat trafficking in women and girls, which should include the prosecution and punishment of offenders. The Committee also encourages the State party to pursue increased international, regional and bilateral cooperation with other countries of origin, transit and destination of trafficked women and girls. It recommends that the State party address the causes of trafficking and introduce measures aimed at improving the economic situation of women so as to eliminate their vulnerability to traffickers, educational initiatives and social support measures, and rehabilitation and reintegration measures for women and girls who have been victims of trafficking.
• Democratic People’s Republic of Korea, CEDAW, A/60/38 part II (2005) 101 at paras. 59 and 60.
59. In the light of the widespread famine and natural disasters that have affected the country from the mid-1990s, the Committee expresses concern about the insufficient explanation provided with respect to the impact of those phenomena on women, in particular on women from rural areas, on women who are the main providers of the household and on young girls. The Committee is concerned that they may become vulnerable to trafficking and other forms of exploitation, such as prostitution.
60. The Committee urges the State party to introduce specific poverty alleviation measures aimed at improving the situation of women to eliminate their vulnerability. The Committee recommends that the State party seek international assistance in guaranteeing that women, particularly women from rural areas, have equal access to food supplies. It urges the State party to assist women economic returnees who went abroad without valid travel permits to reintegrate into their families and society and to protect them from all forms of violations of their rights. It calls on the State party to train law enforcement officials, migration officials and border police on the causes, consequences and incidence of trafficking and other forms of exploitation so as to enable them to render support to women who might be at risk of becoming victims of trafficking or commercial sexual exploitation. It also recommends that the State party conduct nationwide awareness-raising campaigns on the risks and consequences of trafficking targeted at women and girls. The Committee further urges the State party to evaluate those phenomena and systematically compile information on them with a view to formulating a comprehensive strategy that includes measures of prevention, prosecution and punishment of offenders, as well as measures to rehabilitate and reintegrate victims. The Committee also urges the State party to intensify its efforts to deal with these phenomena through increased international, regional and bilateral cooperation...
• Gambia, CEDAW, A/60/38 part II (2005) 122 at paras. 197 and 198.
197. The Committee expresses concern at the limited information provided in the report on the sexual exploitation and trafficking of women and girls in the Gambia, and on measures taken to combat these phenomena effectively. The Committee is particularly concerned about the phenomenon of sex tourism in the country.
198. The Committee requests the State party to introduce legislation on the prohibition of trafficking, to implement effectively legislation on the exploitation of the prostitution of women and to prosecute offenders. It recommends that the State party put in place programmes for promoting women’s economic independence so as to eliminate their vulnerability to exploitation, and measures for the rehabilitation and social reintegration of women and girls who are victims of exploitation and trafficking. The Committee calls upon the State party to ensure the implementation of the 2003 Tourism Offence Act and to enhance cooperation with tourists’ countries of origin aimed at preventing and combating sex tourism...
• Israel, CEDAW, A/60/38 part II (2005) 129 at paras. 249 and 250.
249. While appreciating the State party’s efforts to address the issue of trafficking in women and girls, including ratification of the United Nations Convention against Transnational Organized Crime in 2000 and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children in 2001, the establishment of a Parliamentary Investigative Committee on trafficking of women and an amendment to the Penal Law prohibiting trafficking, the Committee is concerned that domestic legislation has not been brought into conformity with international obligations. While noting that a bill to broaden the definition of trafficking is under preparation, the Committee is concerned that the current definition of trafficking in the Penal Law addresses trafficking only for prostitution and bondage and does not cover trafficking for other forms of exploitation. The Committee also expresses concern about the lack of a comprehensive plan to prevent and eliminate trafficking in women and to protect victims, as well as the lack of systematic data collection on this phenomenon.
250. The Committee urges the State party to intensify its efforts to combat all forms of trafficking in women and girls, including by expanding the provision in the Penal Code to bring it into line with the definition contained in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. The Committee also urges the State party to increase its efforts at international, regional and bilateral cooperation with countries of origin and transit so as to address more effectively the causes of trafficking and improve prevention of trafficking through information exchange. The Committee urges the State party to continue to collect and analyse data from the police and international sources, prosecute and punish traffickers, and ensure the protection of the human rights of trafficked women and girls. The Committee further calls on the State party to take all appropriate measures to suppress exploitation of prostitution of women, including discouraging the male demand for prostitution. The Committee calls on the State party to ensure that trafficked women and girls have adequate support to be in a position to provide testimony against their traffickers.
• Guyana, CEDAW, A/60/38 part II (2005) 136 at paras. 305 and 306.
305. While welcoming the adoption of the National Strategic Plan for HIV/AIDS 2002-2006, the Committee notes with concern the high and growing prevalence of HIV/AIDS among women, especially younger women, who are particularly vulnerable because of unequal power relations and limited socio-economic opportunities. The Committee is especially concerned that the low minimum age of sexual consent (13 years) puts young women and girls at particular risk of becoming victims of sexual exploitation and infection with the virus.
306. The Committee urges the State party to strengthen attention to the gender dimensions in its efforts to combat the HIV/AIDS pandemic. It calls on the State party to increase its emphasis on men’s responsibilities in preventing the spread of the disease, including through awareness-raising and prevention campaigns, and the implementation of education programmes on sexual and reproductive health and rights directed at both women and men, including the provision of condoms. It also urges the State party to increase the minimum age of sexual consent to protect girls effectively against sexual exploitation.
• Burkina Faso, CEDAW, A/60/38 part II (2005) 144 at paras. 343 and 344.
343. While the Committee welcomes the adoption of a law to prevent and combat trafficking in children for purposes of exploitation of their labour, it is unclear that this legislation covers trafficking of children, especially girls, for sexual exploitation. The Committee is further concerned that similar measures have not been taken with respect to trafficking in women.
344. The Committee urges the State party to intensify its efforts to combat trafficking in girls and women for sexual exploitation. The Committee recommends that the State party implement a national strategy to combat trafficking in girls and women, which should include the prosecution and punishment of offenders and measures aimed at improving the economic situation of girls and women so as to eliminate their vulnerability to traffickers, educational initiatives, social support measures and rehabilitation and reintegration measures for girls and women who have been victims of trafficking.
CAT
• Cyprus, CAT, A/58/44 (2002) 21 at para. 33.
33. The Committee welcomes the recent legislative, administrative and institutional developments that took place in the State party since the consideration of its previous periodic report, namely:
...
(d) The enactment of a new law in 2000 for the suppression of trafficking in persons and of the sexual exploitation of children;
...
CRC
• Kenya, CRC, CRC/C/111 (2001) 21 at paras. 122 and 123.
122. The Committee is concerned about the high and increasing incidence of physical and sexual abuse of children, including in schools and care institutions. Concern is also expressed about the lack of awareness and information on domestic violence, ill-treatment and abuse (sexual, physical and psychological) of children and the insufficient financial and human resources allocated for programmes to combat abuse of children.
123. In the light of article 19, the Committee recommends that the State party undertake studies on domestic violence, ill-treatment and abuse (including sexual abuse within the family) in order to adopt adequate policies and contribute to changing attitudes. The Committee encourages the State party to consider introducing an effective reporting system for child abuse cases, including sexual abuse of children. It also recommends that cases of domestic violence, ill-treatment and abuse of children be properly investigated in a child-sensitive judicial procedure and sanctions applied to perpetrators, with due regard given to protecting the right to privacy of the child. In accordance with article 39 of the Convention, measures should be taken to ensure the rehabilitation of victims and of perpetrators. Efforts should also be made to prevent the criminalization and stigmatization of children who are victims of abuse. The Committee recommends that the State party seek technical assistance from, inter alia, UNICEF, WHO and UNDP.
See also:
• Argentina, CRC, CRC/C/121 (2002) 8 at paras. 69 and 70.
• Portugal, CRC, CRC/C/111 (2001) 48 at paras. 234 and 235.
234. The Committee notes the State party's recent initiative to develop mechanisms allowing doctors, teachers and other relevant professionals to lodge complaints of alleged sexual abuse or exploitation of children (Law 99 of 25 August 2001).
235. The Committee recommends that the State party:
(a) Strengthen the monitoring of and collection of data on cases of abuse and neglect of children;
(b) Make it mandatory for professionals to report to an appropriate body cases of abuse, including sexual abuse, and ensure the provision of appropriate training and adequate protection for professionals called upon to make such reports;
(c) Ensure the provision of rehabilitation assistance to child victims of abuse.
• Cape Verde, CRC, CRC/C/111 (2001) 135 at paras. 646, 647, 654 and 655.
646. The Committee is concerned that adolescents face numerous risks, including from life on the street, sexual exploitation, mistreatment, alcohol, tobacco and drug abuse and delinquency, and that there are no statistics available to indicate the number of adolescents exposed to these dangers. The Committee is concerned, in addition, at the high rates of teenage pregnancy, the incidence of sexually transmitted diseases, the potential spread of HIV/AIDS and the incidence of unsafe abortions occurring outside the health service structure.
647. The Committee recommends that the State party:
(a) Ensure that its child rights policy takes into consideration the risks faced by adolescents and that every effort is made to ensure that adolescents have access to appropriate health, including mental health, care and legal assistance;
(b) Give special attention to sexual exploitation, mistreatment, and alcohol, tobacco and substance abuse;
(c) Give special attention to teenage pregnancy, sexually transmitted diseases, HIV/AIDS and unsafe abortions, including through the provision of sex education for all adolescents;
(d) Ensure the provision of child-sensitive health assistance, education and counselling, in full respect of the child's right to privacy;
(e) Seek technical assistance from, among others, UNFPA and WHO.
...
654. The Committee is concerned at practices of sexual violence and exploitation of children, including child prostitution, primarily affecting girls but also including boys, such as on the island of Sal. The Committee is concerned that, with increasing tourism, sexual exploitation of children may increase and that there may be incidents of trafficking in children.
655. The Committee recommends that the State party:
(a) Conduct a study to assess the extent of the sexual exploitation and prostitution of and potential trafficking in children;
(b) Strengthen its efforts to address sexual violence and exploitation of children, including prostitution, inter alia through the judicial system, the media and through information campaigns, while also ensuring the protection of children's right to privacy and other relevant concerns;
(c) Take action to prevent the trafficking of children and to identify and implement solutions;
(d) Develop a National Plan of Action to address sexual exploitation, taking into account the recommendations formulated in the Agenda for Action adopted at the World Congress Against Commercial Exploitation of Children, held in Stockholm in 1996;
(e) Seek technical assistance from UNICEF.
• Greece, CRC, CRC/C/114 (2002) 25 at paras. 168 and 169.
168. Welcoming the State party’s recent bill in this regard, the Committee remains concerned:
(a) At reports of the sexual exploitation of children;
(b) At reports of children being trafficked into, and sometimes through, the State party for, inter alia, sexual exploitation;
(c) At the absence of available official statistics on the sexual exploitation and/or trafficking of children;
(d) At the lack of protection under the law of boy prostitutes.
169. The Committee recommends that the State party:
(a) Undertake a study on the causes and scope of sexual exploitation and trafficking of children, including by gathering reliable data on their incidence;
(b) With reference to the recommendations formulated in the Agenda for Action and the Global Commitment adopted at the World Congresses against Commercial Exploitation of Children, held in 1996 and 2001, develop a national plan of action to address the sexual exploitation and trafficking of children covering, inter alia, all aspects of assistance to child victims, and ensure that the plan is implemented in all regions of the country, including through the prosecution of persons responsible for such acts;
(c) Ensure that in the context of any cross-border efforts to address trafficking, the best interests of the children concerned are a primary consideration;
(d) Strengthen its efforts to identify and report on practices of child sexual exploitation and strengthen cooperation with NGOs working in this field;
(e) Strengthen its actions to assist child victims of such abuse, including through the provision of counselling and health and social services.
• Mozambique, CRC, CRC/C/114 (2002) 65 at paras. 315 and 316.
315. The Committee is concerned that:
(a) Child prostitution is practised and, according to recent evidence is increasing, especially in the Maputo, Beira and Nacala areas and in some rural areas;
(b) Some children are victims of trafficking for the purposes of prostitution;
(c) As noted by the State party in its initial report (para. 646), “the police’s poor knowledge of the main legislation protecting children from prostitution ... their ignorance of children’s rights” and the “lack of guidance on the role of police intervention in this field, as well as the absence of institutions dedicated to the recovery of the child victims” are factors contributing to the vulnerability of children to exploitation.
316. The Committee recommends that the State party:
(a) Take action to end trafficking, child prostitution and other forms of sexual exploitation of children, with particular attention to the Maputo, Beira and Nacala areas and in relevant rural areas;
(b) In line with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children, develop a national plan of action to address the sexual exploitation of children, including with regard to cross-border trafficking and exploitation;
(c) Continue and strengthen the 1997 campaign against the sexual exploitation of children, entitled “Break the silence and end child prostitution” and consider expanding it to include, for example, efforts to educate hotel staff and other relevant workers in the tourist industry on the prevention of child prostitution;
(d) Avoid the prosecution of child victims of prostitution or related offences;
(e) Develop mechanisms to identify the sexual exploitation of children and to work with law enforcement agencies to recover children who are being exploited;
(f) Continue and strengthen training for the police and social services on children’s rights and concerns with regard to child prostitution;
(g) Implement its own recommendations (as described in paragraph 637 of the State party’s report), including:
The revision and implementation of legislation on child prostitution and the sexual abuse of minors;
The development of public education programmes targeting parents, families, schools and the public in general;
The provision of legal, psychological and medical support, including rehabilitation services, for victims.
• Chile, CRC, CRC/C/114 (2002) 90 at paras. 375 and 376.
375. The Committee, while taking note of the establishment of a working group to prepare a plan of action against commercial sexual exploitation of children, expresses its concern that, with regard to the phenomenon of commercial sexual exploitation of children, there are no data available, legislation is inadequate, cases involving sexually exploited children are often not investigated and prosecuted, child victims are registered and therefore may be subjected to criminalization, and social reintegration programmes are not available. It further notes that prostitution of boys is on the rise.
376. In light of article 34 of the Convention, the Committee recommends that the State party:
(a) Undertake a study on this issue in order to assess its scope and causes, enable effective monitoring of the problem and develop all necessary measures and programmes to prevent, combat and eliminate sexual exploitation and abuse of children, including by developing social reintegration programmes;
(b) Decriminalize prostitution of children and protect children from commercial sexual exploitation up to the age of 18;
(c) Develop and adopt a national plan of action against sexual and commercial exploitation of children, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children; and
(d) In this regard, seek international cooperation from, among others, UNICEF, ILO and WHO.
• Malawi, CRC, CRC/C/114 (2002) 104 at paras. 434 and 435.
434. ...The Committee notes with concern the reported incidents of sexual abuse and exploitation of children within the school environment.
435. The Committee recommends that the State party:
...
(i) Provide children with a safe school environment by, inter alia, taking all necessary steps to prevent abuse and exploitation of children by school personnel, taking effective disciplinary measures against school personnel who have committed those offences and reporting these incidences to the competent authorities, notably through child-sensitive structures for complaints;
...
• Guinea-Bissau, CRC, CRC/C/118 (2002) 12 at paras. 54 and 55.
54. The Committee is concerned at the lack of information regarding the activities of the very high proportion of children who do not go to school. There are indicators that these children may, in urban areas, be involved in prostitution or may spend much time on the street, where they are vulnerable to many kinds of exploitation (for example, in drug-trafficking, sexual exploitation, drug abuse).
55. The Committee recommends that the State party:
(a) Undertake a study to assess the situation of children not attending school and to implement, based on the results of the study, all appropriate measures to protect effectively children from all forms of exploitation, including through prevention and the rehabilitation and recovery of child victims;
(b) Prepare a Plan of Action to address the sexual exploitation of children, taking note of the recommendations made in the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children;
(c) Seek regional cooperation in this regard.
• Belgium, CRC, CRC/C/118 (2002) 29 at paras. 120 and 121.
120. The Committee reiterates its satisfaction with the numerous measures taken by the State party to combat the sexual exploitation and trafficking of children. It is nevertheless concerned that trafficking for the purposes of sexual or other exploitation is still a problem.
121. The Committee recommends that the State party:
(a) Fully implement the recommendations of the national commission of experts;
(b) Continue to implement policies and programmes in accordance with the Declaration and Agenda for Action, and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children;
(c) Continue to recruit female police officers to improve communication and contacts with foreign girls and women working in prostitution;
(d) Ensure that adequate resources (human and financial) are allocated to policies and programmes in this area;
(e) Continue to undertake awareness-raising campaigns in countries of origin;
(f) Expand cooperation with countries of origin and transit;
(g) Continue to cooperate with the International Organization for Migration.
• Belarus, CRC, CRC/C/118 (2002) 54 at paras. 251 and 252.
251. The Committee is concerned about the information that Belarus is a country of origin and transit for the trafficking of children, in particular girls, for the purpose of sexual and other forms of exploitation. The Committee notes that there is a lack of information and knowledge about this phenomenon and about problems such as sexual exploitation, drug abuse and the involvement of children in the drug trade, and economic exploitation, often related to trafficking.
252. In light of articles 32 to 36 of the Convention, the Committee recommends that the State party:
(a) Undertake a study on the issue of trafficking and trafficking-related problems, such as sexual exploitation, drug abuse and the involvement of children in the drug trade, and economic exploitation, in order to assess their scope and causes, and develop and implement effective monitoring and other measures to prevent them;
(b) Combat and eliminate child trafficking, sexual exploitation, drug abuse and trade and economic exploitation, including by developing social integration programmes; and
(c) Develop and adopt a national plan of action against sexual and commercial exploitation of children, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children.
See also:
• Argentina, CRC, CRC/C/121 (2002) 8 at paras. 85 and 86.
• Saint Vincent and the Grenadines, CRC, CRC/C/118 (2002) 101 at paras. 449 and 450.
449. Noting the recent establishment of the Register of Child Abuse, the annual celebration of Child Abuse Awareness and Prevention Month and the active involvement of the Department of Family Services as the body that receives and handles reports of child abuse and neglect, the Committee remains concerned that:
(a) The instance of child abuse, including sexual abuse, is high and, as noted in its report, the State party has made insufficient effort to address this concern;
(b) The abuse, including sexual abuse, of children often occurs within the family, committed by parents and siblings, and is often hidden;
(c) Some perpetrators of sexual abuse are able to pay money to the families of victims to avoid prosecution and even to perpetuate the abuse;
...
(e) Only the police and not the social services have the authority to remove a child from a family situation in which the child is suffering abuse or neglect, and this may add to the trauma suffered by the child.
450. The Committee recommends that the State party:
(a) Undertake a study on the scope and nature of child abuse and neglect;
(b) Address the abuse, including sexual abuse, and neglect of children, giving particular attention to their occurrence within the family, through, inter alia, developing a strategy and programmes of prevention, response and support to victims;
(c) In the context of the Committee's recommendation [in paras. 418-427] of these concluding observations:
(i) Strengthen further the capacity of the Department of Family Services and the work of the Register of Child Abuse;
(ii) Establish effective child-sensitive procedures and mechanisms to receive, monitor and investigate complaints, and to intervene where necessary;
(iii) Train teachers, law enforcement officials, care workers, judges and health professionals in the identification, reporting and management of cases of ill-treatment;
(d) Consider giving the necessary legal authority to the social services to take urgent action to protect children from abuse;
(e) Strengthen its efforts to prosecute persons responsible for perpetrating abuse and provide medical help and counselling to those perpetrators in need of such assistance;
(f) Take all necessary measures to prohibit payment and acceptance of money with the purpose of perpetrators of sexual abuse against children avoiding prosecution, and prosecute the persons concerned;
(g) Provide child victims of abuse with the appropriate medical and psychological support, including recovery and social reintegration assistance for child victims and their families;
...
(i) Take into consideration the recommendations of the Committee adopted on the occasion of its days of general discussion on children and violence (CRC/C/100, para. 688, and CRC/C/111, paras. 701-745);
(j) Seek assistance from, among others, UNICEF and the World Health Organization.
• Spain, CRC, CRC/C/118 (2002) 117 at paras. 516 and 517.
516. The Committee expresses its concern at reports of child prostitution in the suburbs of large cities and in holiday resorts, involving vulnerable children living on the fringes of society.
517. The Committee recommends that the State party:
(a) Protect all persons under 18 from all forms of sexual exploitation, even when children have consented, under the pressure of money, threats or, allegedly, "freely”, to such acts;
(b) Organize campaigns for protection against sexual abuse, prostitution and child pornography;
(c) Implement the National Plan of Action against Commercial Sexual Exploitation of Children 2002-2003.
• The Netherlands (Antilles), CRC, CRC/C/118 (2002) 129 at paras. 583 and 584.
583. The Committee is concerned at:
(a) The absence of data and of a comprehensive study on the issue of sexual exploitation and sexual abuse of children;
(b) The limited programmes available for providing physical and psychological recovery and social reintegration of child victims of such abuse and exploitation;
(c) Legislation making sexual exploitation of children only a criminal offence up to the age of 16 and not 18, and the exclusion of boys from this legislation.
584. In light of article 34 of the Convention, the Committee recommends that the Netherlands Antilles:
(a) Implement appropriate policies and programmes for prevention and for the reintegration and recovery of child victims according to the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children;
(b) Extend coverage of legislation to ensure protection of children from sexual exploitation up to the age of 18;
(c) Undertake studies with a view to assessing the scope of exploitation of children, including for prostitution and pornography.
• United Kingdom of Great Britain and Northern Ireland, CRC, CRC/C/121 (2002) 23 at paras. 131, 132, 149 and 150.
131. The Committee...is...concerned at the prevalence of violence, including sexual violence, throughout the State party against children within families, in schools, in institutions, in the care system and in detention...The Committee is alarmed at the lack of a coordinated strategy to limit the extent of these phenomena. It particularly notes the absence of adequate, systematic follow-up of child deaths and that crimes committed against children below the age of 16 are not recorded. In the care system, the Committee notes a lack of consistent safeguards for children who are privately fostered. The Committee welcomes the steps taken by the Government to support child witnesses in court, but notes the lack of public education on the role of the child protection system.
132. In line with its previous recommendations ([CRC/C/15/add.34], para. 31) and in light of articles 3, 6, 12, 19 and 37 of the Convention, the Committee recommends that the State party:
...
(c) Ensure consistent legislative safeguards for all children in alternative care, including those who are privately fostered;
(d) Carry out large-scale public education campaigns and programmes, including through the schools, aimed at reducing child deaths and child abuse with information on the role of statutory and other services in protecting children;
(e) Establish effective procedures and mechanisms to receive, monitor, investigate and prosecute instances of abuses, ill-treatment and neglect, ensuring that the abused child is not victimized in legal proceedings and that her/his privacy is protected;
(f) Record in the British Crime Survey all crimes committed against children;
(g) Provide for the care, recovery and reintegration of victims;
(h) Strengthen the reporting system, through full support for the confidential centres for abused children, and train teachers, law enforcement officials, care workers, judges and health professionals in the identification, reporting and management of cases of ill-treatment.
...
149. The Committee welcomes the 2001 national plan for safeguarding children from commercial sexual exploitation and the 1997 memorandum of understanding signed between the State party and the Government of the Philippines to combat the sexual exploitation of children. It is, nevertheless, concerned that trafficking for sexual exploitation or other exploitation is still a problem and that sexually exploited children are still criminalized by law.
150. The Committee recommends that the State party:
(a) Undertake a study on the scope, causes and background of child prostitution;
(b) Review its legislation so as not to criminalize children who are sexually exploited;
(c) Continue to implement policies and programmes in accordance with the Declaration and Agenda for Action, and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children;
(d) Ensure that adequate resources, both human and financial, are allocated to policies and programmes in this area.
• Seychelles, CRC, CRC/C/121 (2002) 41 at paras. 209 and 210.
209. The Committee is concerned at the lack of data and information on the problem of sexual exploitation of children, including child prostitution and pornography.
210. The Committee recommends that the State party undertake a comprehensive study of child sexual exploitation and prostitution which assesses the magnitude of the problem, proposes possible solutions that address its root causes and evaluates the availability and appropriateness of services for the care and protection, recovery and social reintegration of the victims, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children.
• Sudan, CRC, CRC/C/121 (2002) 53 at paras. 284 and 285.
284. The Committee is concerned at increasing instances of sexual exploitation of children, including through prostitution.
285. The Committee recommends that the State party strengthen its efforts to address the sexual exploitation of children.
• Poland, CRC, CRC/C/121 (2002) 120 at paras. 541 and 542.
541. While noting the increased efforts of the State party to cooperate in regional programmes to prevent trafficking and repatriate victims, the Committee is nevertheless concerned that Poland continues to be a country of origin, destination and transit for children trafficked for sexual exploitation.
542. The Committee recommends that the State party:
(a) Proceed with its intention to ratify the Worst Forms of Child Labour Convention (No. 182) of the Internal Labour Organization (ILO) and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and develop a national plan of action on commercial sexual exploitation of children, as agreed at the first and second World Congresses against Commercial Sexual Exploitation of Children, held in Stockholm in 1996 and Yokohama, Japan, in 2001, respectively;
(b) Ensure that all persons under 18 involved in prostitution and the production of pornographic materials are not criminalized and enjoy full protection;
(c) Train law enforcement officials, social workers and prosecutors in how to receive, monitor, investigate and prosecute complaints in a child-sensitive manner;
(d) Ensure that all victims of trafficking and forced prostitution have access to appropriate recovery and reintegration programmes and services.
• Israel, CRC, CRC/C/121 (2002) 131 at paras. 610 and 611.
610. The Committee notes the establishment of an inter-ministerial and inter-organizational committee to combat the commercial sexual exploitation of minors, its activities, and the involvement of non-governmental organizations in this area. However, the Committee is concerned that these and other efforts have so far had a limited impact.
611. The Committee recommends that the State party take all necessary measures to increase the effectiveness of these efforts to address the commercial sexual exploitation of minors by, among other things, providing the necessary financial and other resources.
• Estonia, CRC, CRC/C/124 (2003) 9 at paras. 70 and 71.
70. The Committee is concerned at the insufficient information and awareness of the extent of commercial sexual exploitation and trafficking of children. It is also concerned that there is no specific prohibition in law of trafficking in human beings, including for the purpose of prostitution.
71. In the light of article 34 and other related articles of the Convention, the Committee recommends that the State party undertake studies with a view to assessing the causes, nature and extent of sexual exploitation and trafficking of children, including prostitution and child pornography (including on the Internet), and implement appropriate policies and programmes for prevention and protection and for the recovery and social reintegration of child victims, in accordance with the 1996 Declaration and Agenda for Action and the Global Commitment adopted at the Second World Congress against Commercial Sexual Exploitation of Children, held in 2001.
• Republic of Korea, CRC, CRC/124 (2003) 24 at paras. 81, 132 and 133.
81. The Committee welcomes the legislation enacted to implement further the Convention on the Rights of the Child, in particular the Special Act for Punishment of Domestic Violence of 1997, which addresses investigation and reporting of cases of child abuse, and the Juvenile Protection Act of 2000, which criminalizes persons involved in the purchase of sexual services from those under 19 years of age.
...
132. The Committee welcomes the enactment in 2000 of the Juvenile Protection Act, which aims to penalize those purchasing sexual services from children. However, the Committee is concerned that the Act is not being effectively implemented and that there are limited data available on the prevalence of child sexual exploitation. It is also concerned at reports of the widespread phenomenon of Wonjokyuje in which adolescent girls engage in a sexual relationship with older men for money.
133. The Committee recommends that the State party:
(a) Develop a national plan of action on commercial sexual exploitation of children, which includes measures for effective data collection, as agreed at the first and second World Congresses against Commercial Sexual Exploitation of Children, held in 1996 and 2001, respectively;
(b) Train law enforcement officials, social workers and prosecutors on how to receive, monitor, investigate and prosecute complaints in a child-sensitive manner;
(c) Ensure that all victims of sexual abuse and exploitation have access to appropriate recovery and reintegration programmes and services;
(d) Develop preventive measures that target those soliciting and providing sexual services, such as materials on relevant legislation on the sexual abuse and exploitation of minors, and education programmes, including programmes in schools on healthy lifestyles.
• Italy, CRC, CRC/124 (2003) 36 at paras. 190 and 191.
190. The Committee welcomes the adoption of Act 269/98 against the exploitation of prostitution, pornography, and sexual tourism targeting children and the establishment of an Inter-Ministerial Committee for the Coordination of the Government Action Against Child Abuse and Trafficking in Minors and Women for Sexual Purposes. Nevertheless, the Committee remains concerned at the numbers of children who are trafficked for sexual purposes in the State party.
191. The Committee recommends that the State party:
(a) Strengthen its efforts to prevent and combat trafficking in children for sexual purposes, in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children;
(b) Monitor the implementation of Act 269/68, especially as it addresses the issue of the “demand side” of sexual exploitation;
(c) Ensure that adequate resources, both human and financial, are allocated to policies and programmes in this area.
• Romania, CRC, CRC/124 (2003) 49 at paras. 256 and 257.
256. The Committee notes the establishment in 2001 of a national Task Force on Trafficking, the adoption of a national plan of action on trafficking, as well as the increased efforts of the State party to cooperate in regional programmes to prevent trafficking and assist victims. Nevertheless, the Committee is concerned that Romania continues to be a country of origin, of transit and, to a lesser extent, of destination for trafficked children, as also noted by CEDAW in June 2000 (A/55/38, paras. 308-309).
257. The Committee recommends that the State party:
(a) Accelerate and ensure sufficient resources and qualified staff for the effective implementation of the National Action Plan for Combating Sexual Exploitation of Children for Commercial Reasons, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children;
(b) Ensure that all persons under 18 years involved in prostitution and the production of pornographic materials are not criminalized and enjoy full protection;
(c) Train law enforcement officials, social workers and prosecutors in how to receive, monitor, investigate and prosecute complaints in a child-sensitive manner;
(d) Ensure that all victims of trafficking and forced prostitution have access to appropriate recovery and reintegration programmes and services.
• Czech Republic, CRC, CRC/C/124 (2003) 78 at paras. 381-383.
381. The Committee welcomes:
(a) The establishment in the spring of 2002 of a trilateral Czech-German-Polish working group to address, inter alia, trafficking in human beings, in particular the sexual exploitation of children for prostitution occurring in these areas;
(b) The information contained in the State party’s report (paras. 334 and 335) on social, preventive and resocialization programmes for victims of sexual exploitation, as well as the adoption in July 2000 of the National Plan to Fight Commercial Sexual Abuse of Children and amendments to the Criminal Code and Code of Criminal Procedure made in 2002;
(c) The significant work done by NGOs in this field.
382. The Committee remains concerned at:
(a) Reports of increased instances of sexual abuse of children and the low rate of reporting such crimes;
(b) The lack of a comprehensive system of protection and assistance by qualified professionals to all child victims of sexual abuse and of commercial sexual exploitation;
(c) The lack of follow-up to the recommendations from the 1997 visit of the Special Rapporteur on the sale of children, child prostitution and child pornography;
...
(e) The failure to date to ratify the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.
383. The Committee recommends that the State party:
(a) Increase protection provided to victims of sexual exploitation and trafficking, including prevention, social reintegration, access to health care and psychological assistance, in a coordinated manner, including by enhancing cooperation with NGOs;
(b) Ensure that a confidential, accessible and child-sensitive mechanism is established to receive and effectively address individual complaints of all children, including those in the 15-18 age group;
(c) Implement outstanding recommendations of the Special Rapporteur on the sale of children, child prostitution and child pornography, inter alia those related to the cross-border trafficking problem;
(d) Sensitize professionals and the general public to the problems of sexually abused children through education, including media campaigns;
(e) Ratify the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.
• Iceland, CRC, CRC/124 (2003) 109 at paras. 498 and 499.
498. The Committee welcomes information about a newly adopted law on child pornography (2000). It further welcomes the report of a government study on the extent of child prostitution and pornography, containing various recommendations. However, the Committee is concerned at the rather low age for sexual consent (14 years), which may not provide adequate protection for children older than 14 years against sexual exploitation.
499. The Committee recommends that the State party:
(a) Take all necessary measures to implement promptly the recommendations contained in the government report referred to above;
(b) Take legislative measures to ensure that children older than 14 years are effectively protected from sexual exploitation;
(c) Formulate and implement a national plan of action to combat sexual exploitation, in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children.
• Eritrea, CRC, CRC/C/132 (2003) 8 at paras. 81 and 82.
81. Although the State party recognizes that prostitution, including child prostitution, is not a serious problem, the Committee notes with concern the lack of specific data on the commercial sexual exploitation of children.
82. The Committee recommends that the State party:
(a) Expedite the adoption and implementation of the Eritrean Child Law and the National Plan of Action to Rehabilitate Commercial Sex Workers;
(b) Undertake a study of children involved in the commercial sex industry and use the data to design policies and programmes to prevent commercial sexual exploitation of children, including through the development of a National Plan of Action on Commercial Sexual Exploitation of Children as agreed at the first and second World Congresses against Commercial Sexual Exploitation of Children held in 1996 and 2001;
(c) Train law enforcement officials, social workers and prosecutors on how to receive, monitor, investigate and prosecute complaints in a child-sensitive manner that respects the privacy of the victim;
(d) Prioritize recovery assistance and ensure that education and training as well as psychosocial assistance and counselling are provided to victims;
(e) Cooperate with countries in the region to combat commercial sexual exploitation and trafficking of children.
• Cyprus, CRC, CRC/C/132 (2003) 21 at paras. 143 and 144.
143. The Committee welcomes the enactment in 2000 of the Law on the Combating of Trafficking of Persons and Sexual Exploitation of Minors and the Protection of Witnesses Law of 2001 making specific provision for the protection of child witnesses. While noting that the State party does not consider that problems relating to trafficking or other forms of sexual exploitation exist, the Committee remains concerned that such problems may remain “hidden” and that the authorities may be unaware of them. In particular, the Committee refers to the concerns expressed by the Special Rapporteur on the sale of children, child prostitution and child pornography that Cyprus is being used as a transit point for trafficking of young women, including minors.
144. The Committee recommends that the State party strengthen its efforts to identify, prevent and combat trafficking in children for sexual purposes, in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children.
• Solomon Islands, CRC, CRC/C/132 (2003) 58 at paras. 337 and 338.
337. The Committee is very concerned that:
(a) Children of both sexes are exposed to prostitution due to economic difficulties;
(b) There is a lack of guidance on the role of police intervention in this field, as well as an absence of institutions dedicated to the rehabilitation of child victims;
(c) There is very little data on the number of children being exploited.
338. The Committee recommends that the State party:
(a) Take action to prevent child prostitution and other forms of sexual exploitation of children;
(b) Avoid criminalizing child victims of prostitution;
(c) Develop mechanisms to identify the sexually exploited children and to work with law enforcement agencies to recover children who are being exploited;
(d) Undertake a study on the sexual exploitation of children in order to assess its scope and causes, enable effective monitoring of the problem and develop measures and programmes, including social reintegration programmes, to prevent, combat and eliminate it;
(e) Develop and adopt a national plan of action against sexual exploitation of children, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children;
(f) In this regard, seek international cooperation from, among others, UNICEF, ILO and WHO.
• Libyan Arab Jamahiriya, CRC, CRC/C/132 (2003) 74 at paras. 388 and 389.
388. The Committee is concerned about reports of trafficking of children to the State party for the purposes of prostitution and slavery. The Committee is concerned that there is a lack of information on and awareness of the trafficking and prostitution of children.
389. The Committee recommends that the State party:
(a) Undertake a national study on the nature and extent of these phenomena;
(b) Take legislative and other measures to combat these practices;
(c) Carry out awareness-raising campaigns to sensitize and mobilize the general public on the child’s right to respect for his/her physical and mental integrity.
• Morocco, CRC, CRC/C/132 (2003) 100 at paras. 516 and 517.
516. The Committee welcomes the hosting by the State party of the Arab-African Forum Against the Sexual Exploitation of Children in preparation for the Yokohama Conference and notes that the Penal Code is under review regarding this issue, but remains concerned at the high incidence of sexual exploitation in the State party. The Committee is also concerned at the fact that the legislation of the State party does not protect all children below 18 years from sexual exploitation, as various ages have been set in several acts regarding sexual exploitation. The Committee is further concerned at the status of child victims of sexual exploitation who may be treated as offenders.
517. In light of article 34 and other related articles of the Convention, the Committee recommends that the State party:
(a) Extend the protection from sexual exploitation in all relevant legislation to all boys and girls below the age of 18 years;
(b) Ensure that child victims of sexual exploitation are never considered as offenders but rather benefit from programmes for their rehabilitation and recovery;
...
• Kazakhstan, CRC, CRC/C/132 (2003) 129 at paras. 626, 627, 653 and 654.
626. The Committee notes the existence of the National Board on Adoption and of regulations for organizations involved in domestic and intercountry adoption. However, taking into account the very large number of abandoned children, the Committee is concerned at the lack of a comprehensive policy regarding domestic and intercountry adoption, including effective monitoring and follow-up of adoptions. The Committee is concerned that adoptions are processed in such a way that seriously hinders the right of the child to know, as far as possible, her/his biological parents.
627. The Committee recommends that the State party establish a comprehensive national policy and guidelines governing adoption, including mechanisms to review, monitor and follow up adoptions, in order to prevent any form of abuse of adoption for the purpose of exploitation and trafficking. In light of articles 3 and 7 of the Convention, the Committee recommends that the State party undertake all necessary measures to allow all adoptive children to obtain, as far as possible, information on the identity of their parents. The Committee finally recommends that the State party ratify the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption of 1993.
...
653. The Committee is concerned at:
(a) The growing involvement of children in the sex industry and the apparent indifference of society towards the issue of child prostitution, including reports of parents themselves reportedly forcing their children to earn money through prostitution;
(b) The lack of specialized centres to accommodate and provide qualified services, including psychotherapeutic and rehabilitation and reintegration programmes, for child victims of sexual violence.
654. The Committee recommends that the State party:
(a) Develop and implement a comprehensive programme to combat trafficking, child prostitution and other forms of sexual exploitation of children, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children and the recommendations of CEDAW in this respect (A/56/38, para. 97);
(b) Adopt measures to reduce the vulnerability of children to traffickers and establish crisis centres and telephone hotlines to give assistance and run rehabilitation and social reintegration programmes for child victims of trafficking and/or sexual exploitation;
...
• Canada, CRC, CRC/C/133 (2003) 14 at paras. 92, 102 and 103.
92. The Committee recommends that further research be carried out to identify the causes of the spread of homelessness, particularly among children, and any links between homelessness and child abuse, child prostitution, child pornography and trafficking in children. The Committee encourages the State party to further strengthen the support services it provides to homeless children while taking measures to reduce and prevent the occurrence of this phenomenon.
...
102. The Committee is encouraged by the role Canada has played nationally and internationally in promoting awareness of sexual exploitation and working towards its reduction, including by adopting amendments to the Criminal Code in 1997 (Bill C-27) and the introduction in 2002 of Bill C-15A, facilitating the apprehension and prosecution of persons seeking the services of child victims of sexual exploitation and allowing for the prosecution in Canada of all acts of child sexual exploitation committed by Canadians abroad. The Committee notes, however, concerns relating to the vulnerability of street children and, in particular, Aboriginal children who, in disproportionate numbers, end up in the sex trade as a means of survival...
103. The Committee recommends that the State party further increase the protection and assistance provided to victims of sexual exploitation and trafficking, including prevention measures, social reintegration, access to health care and psychological assistance, in a culturally appropriate and coordinated manner, including by enhancing cooperation with non-governmental organizations and the countries of origin.
• Pakistan, CRC, CRC/C/133 (2003) 37 at paras. 240-243.
240. In view of the fact that child sexual abuse and sexual exploitation of children are reported to be serious problems in the State party, the Committee is concerned that the State party has not addressed them effectively. The Committee is particularly concerned at:
(a) The absence of legislation clearly prohibiting child sexual abuse and sexual exploitation and the lack of a clear definition of the term in the State party, as well as the lack of legislation that clearly defines sexual consent;
(b) The absence of measures to prosecute the perpetrators;
(c) The absence of statistics and data on the issue of child sexual abuse;
(d) Traditional attitudes regarding the subject (e.g. concepts like “family honour”), which imply that a majority of abuse cases go unreported;
(e) Reports that child sexual abuse is prevalent, and increasing, in prisons.
241. The Committee recommends that the State party:
(a) Review its legislation in order to clearly define sexual abuse, in particular child sexual abuse and child sexual exploitation;
(b) Undertake a study on the prevalence of sexual abuse and exploitation;
(c) Take all necessary measures to prevent and end this practice through a comprehensive strategy, notably by prosecuting perpetrators, and holding public debates and conducting awareness campaigns;
(d) Ensure that victims of sexual abuse and exploitation have access to appropriate recovery and reintegration programmes and services;
(e) Seek assistance from, among others, WHO and UNICEF.
242. While noting the serious efforts undertaken by the State party to prevent child trafficking, the Committee is deeply concerned at the very high incidence of trafficking in children for the purposes of sexual exploitation, bonded labour and use as camel jockeys.
243. The Committee recommends that the State party:
(a) Ensure that cases of disappeared children are registered and investigated appropriately;
(b) Continue and strengthen its efforts to combat the problem of child trafficking;
(c) Strengthen national and regional strategies and programmes on the prevention and suppression of sexual exploitation and trafficking, and ensure that these strategies take into account the commitments made at the two World Congress against Commercial Sexual Exploitation of Children in 1996 and 2001.
• Bangladesh, CRC, CRC/C/133 (2003) 93 at paras. 503-506.
503. While welcoming the National Plan of Action against sexual abuse and exploitation, the Committee is deeply concerned at the prevalence of sexual exploitation of children and the social stigmatization of the victims of such exploitation, as well as at the lack of social and psychological recovery programmes and the very limited possibilities for victims to be reintegrated into society. The Committee is also concerned about the widespread practice of forcing children into prostitution.
504. The Committee recommends that the State party:
(a) Fully and effectively implement the National Plan of Action against sexual abuse and exploitation, in order to ensure appropriate policies, laws and programmes for the prevention, protection, recovery and reintegration of child victims, in line with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children;
(b) Ensure that victims of sexual exploitation are never considered as offenders, but rather benefit from programmes for their recovery and reintegration;
(c) Investigate, prosecute and sentence perpetrators of sexual offences against children;
(d) Develop and monitor a code of conduct for law enforcement officials;
(e) Seek assistance from, among others, UNICEF.
505. The Committee is deeply concerned at the high incidence of trafficking in children for purposes of prostitution, domestic service and to serve as camel jockeys and at the lack of long-term, concentrated efforts on the part of the State party to combat this phenomenon.
506. The Committee recommends that the State party:
(a) Undertake all necessary efforts to prevent and combat domestic and cross-border child trafficking, including through international cooperation;
(b) Take all necessary measures for the recovery and reintegration of children victims of trafficking;
(c) Investigate, prosecute and sentence perpetrators of trafficking, including through international cooperation;
(d) Seek assistance from, among others, UNICEF and the International Organization for Migration.
• Georgia, CRC, CRC/C/133 (2003) 111 at paras. 576 and 577.
576. The Committee notes that the human rights treaty bodies which considered the reports of Georgia have consistently expressed concern at the practice of trafficking in persons, in particular women, and at the lack of protection of women, including young children, from, inter alia, sexual exploitation and trafficking.
577. The Committee recommends that the State party:
(a) Undertake measures to reduce and prevent the occurrence of sexual exploitation and trafficking, including by sensitizing professionals and the general public to the problems of sexual abuse of children and trafficking, through education including media campaigns;
(b) Increase protection provided to victims of sexual exploitation and trafficking, including prevention, social reintegration, access to health care and psychological assistance in a coordinated manner, including by enhancing cooperation with NGOs, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children;
(c) Ensure that a confidential, accessible and child-sensitive mechanism is established to receive and effectively address individual complaints from all children, including those in the 15-18 years age group;
(d) Train law enforcement officials, social workers and prosecutors on how to receive, monitor, investigate and prosecute reported cases of sexual abuse, in a child-sensitive manner;
(e) Ratify the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography;
(f) Seek technical assistance from, inter alia, UNICEF.
• Nicaragua, CRC, CRC/C/150 (2005) 132 at paras. 660 and 661.
660. While welcoming the measures taken by the State party to combat and raise awareness about the problem of sexual exploitation and trafficking in persons, the Committee is concerned at the information that a consistent number of children are victims of sexual violence, pornography, paid sexual activity and sexual tourism in Nicaragua and that sexual abuse and exploitation in its various forms, including trafficking, pornography and sexual tourism, have not been classified yet as crimes in the Penal Code.
661. The Committee recommends that the State party:
(a) Rapidly adopt the proposed new Nicaraguan Penal Code, which classifies sexual exploitation as a crime in its various forms;
(b) Undertake a study on the sexual exploitation of children in order to assess its scope and causes, enable effective monitoring of the problem and develop measures and programmes, including social reintegration programmes, to prevent, combat and eliminate it;
(c) Approve and implement a national plan of action against sexual exploitation and trafficking of children, taking into account the Declaration and Agenda for Action and the Global Commitment adopted, respectively, at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children;
(d) Train law enforcement officials, social workers and prosecutors on how to receive, monitor, investigate and prosecute complaints, in a child-sensitive manner that respects the privacy of the victim;
(e) Seek technical assistance from among others, UNICEF and the International Labour Organization (ILO).
• Indonesia, CRC, CRC/C/137 (2004) 8 at paras. 87, 91, 101-103 and 105.
87. The Committee is alarmed at the high level of fatalities in Aceh, West Kalimatan, Central Sulawesi, Maluku and Ambon, as well as those which resulted from the conflict in East Timor in 1999. The Committee is further concerned that children affected by armed conflict remain a particularly vulnerable group and that the perpetrators of violations of their human rights, especially during conflicts, are rarely prosecuted.
...
91. The Committee urges the State party:
...
(f) To ensure that all persons, including senior officials, who have sponsored, planned, incited, financed or participated in military or paramilitary operations using child soldiers or children as sexual slaves, or violating any rights of the children, will be prosecuted, including those who committed abuses in East Timor in 1999.
...
101. The Committee welcomes the launching of the National Plan of Action for the Elimination of Commercial Sexual Exploitation of Children in 2002. However, the Committee is concerned that existing legislation does not provide effective protection (e.g. the age limit for sexual consent of 12 years is too low) and that child victims of sexual exploitation often do not receive adequate protection and/or recovery assistance. The Committee is also concerned about the lack of information about how the National Plan of Action will be carried out at the provincial and district levels.
102. The Committee wishes to reiterate its opinion that child victims of sexual abuse and exploitation can never be held responsible or guilty of such acts.
103. The Committee recommends that the State party:
(a) Develop and implement legislation that adequately protects child victims of sexual exploitation, including trafficking, pornography and prostitution, that includes a significant increase in the minimum age of sexual consent;
(b) Train law enforcement officials, social workers and prosecutors on how to receive, monitor and investigate complaints and prosecute perpetrators in a child-sensitive manner that respects the privacy of the victim;
(c) Prioritize recovery assistance and ensure that education and training as well as psychosocial assistance and counselling are provided to victims, and ensure that victims who cannot return to their families are provided with adequate alternative solutions and are institutionalized only as a last resort;
(d) Ensure that the National Plan of Action for the Elimination of Commercial Sexual Exploitation of Children is allocated appropriate resources for its implementation and is effectively carried out at the provincial and district levels.
...
105. The Committee recommends that the State party:
(a) Ensure that the National Commission on the Elimination of the Worst Forms of Child Labour reach and protect children employed in the informal sector, in particular domestic workers, prostituted children and children engaged in other types of exploitative labour;
...
• Guyana, CRC, CRC/C/137 (2004) 26 at paras. 135, 136, 152 and 153.
135. The Committee is concerned at the low minimum age of sexual consent (13 years) and at the low minimum legal age of criminal responsibility (10 years).
136. The Committee recommends that the State party:
(a) Raise the minimum age of sexual consent;
...
152. The Committee takes note of the study conducted and the project developed in collaboration with UNICEF addressing violence and children in Guyana. The Committee is deeply concerned about the generally violent environment where Guyanese children are living and the increased reporting of ill-treatment and abuse of children, including sexual abuse. The Committee is also deeply concerned that section 67 of the Criminal Law (Offences) Act (chapter 8:01) criminalizes a girl of 16 years or older for having sexual intercourse with a relative like a grandfather or brother and makes her liable to imprisonment for a period of seven years.
153. The Committee recommends that the State party pay particular attention to child abuse and neglect in and outside the family by, inter alia:
(a) Abolishing, as a matter of priority, the provision mentioned above (para. 152) by taking the necessary measures to prevent incest;
(b) Developing an effective reporting system with timely and adequate investigations and child-sensitive protection in order to bring perpetrators to justice;
(c) Ensuring that victims of violence have access to counselling and assistance with recovery and reintegration;
(d) Developing awareness-raising campaigns with the involvement of children in order to prevent and combat child abuse.
• Armenia, CRC, CRC/C/137 (2004) 36 at paras. 241-244.
241. While welcoming that penalties have been introduced under the Criminal Code for enticing girls into prostitution and keeping brothels, the Committee reiterates its concern at the insufficient data on and awareness of the phenomenon of sexual exploitation of children in Armenia, and at the absence of a comprehensive and integrated approach to preventing and combating this phenomenon. Furthermore, the Committee is deeply concerned that persons under 18 years of age engaged in prostitution are prosecuted under the Criminal Code, rather than assisted as victims.
242. The Committee reiterates its recommendation that the State party undertake a national study on the nature and extent of sexual exploitation of children, and that disaggregated data be compiled and kept up to date to serve as a basis for designing measures and evaluating progress. The Committee urges the State party to review its legislation with a view to ensuring that children engaged in prostitution are not criminalized, but rather seen as victims of their circumstances. In this regard, the State party should ensure that proper social support structures are available to victims of sexual exploitation in the area of reintegration and recovery. The Committee recommends that the State party carry out awareness-raising campaigns to sensitize and mobilize the general public on the child’s right to physical and mental integrity and safety from sexual exploitation. Bilateral and regional cooperation should be reinforced, involving cooperation with neighbouring countries.
243. The Committee welcomes the recent efforts made by the State party to combat the phenomenon of trafficking and sale of children in the State party, including the establishment of an inter-agency commission to deal with trafficking in women and children and the amendment of the Criminal Code in April 2003 whereby trafficking and sexual exploitation are made specific criminal offences. However, the Committee notes that a comprehensive policy to combat trafficking in women, girls and boys is still lacking. Furthermore the Committee is concerned that refugee children and children living in orphanages may be particularly at risk.
244. The Committee recommends that the State party:
...
(b) Adopt measures to reduce vulnerability of children, especially refugee children and children living in orphanages, to traffickers, and establish crisis centres, telephone helplines and social reintegration programmes for victims of trafficking and/or sexual exploitation;
...
• Germany, CRC, CRC/C/137 (2004) 51 at paras. 307 and 308.
307. The Committee welcomes the adoption of the Plan of Action of the Federal Government for the Protection of Children and Young People from Sexual Violence and Exploitation (January 2003), but remains concerned at the various ages retained in the Criminal Code depending on the offence committed by an adult against a child.
308. In light of article 34 and other related articles of the Convention, the Committee recommends that the State party:
(a) Extend the protection against sexual exploitation and trafficking provided for in all relevant legislation to all boys and girls below the age of 18 years;
(b) Pursue its efforts to combat sexual exploitation of and trafficking in children by effectively implementing its Plan of Action, in accordance with the 1996 Declaration and Agenda for Action and the 2001 Global Commitment adopted at the World Congresses against Commercial Sexual Exploitation of Children.
• The Netherlands (Netherlands and Aruba), CRC, CRC/C/137 (2004) 63 at paras. 371 and 372.
371. The Committee welcomes the State party’s efforts in the Netherlands to address the sexual exploitation of children, in particular, through training of the police. However, it is concerned that the “complaint requirement” by victims over the age of 12 and the “double criminality” requirement hamper the prosecution of cases of child sexual abuse committed in the Netherlands and abroad. In Aruba, the Committee is concerned that children are vulnerable to trafficking for the purposes of drug trafficking or sexual exploitation, including through tourism.
372. The Committee recommends that the State party:
...
(b) In the Netherlands, amend legislation to eliminate the complaint requirement and double criminality requirement for the prosecution of sexual offences against children;
(c) Strengthen the capacity of the police in the Netherlands and Aruba to receive and investigate complaints of trafficking and sexual exploitation in a child-sensitive manner, inter alia, by increasing human and financial resources and, where necessary, providing appropriate training;
(d) Ensure that all victims of trafficking and prostitution in the State party have access to appropriate recovery and reintegration programmes and services;
(e) Undertake an in-depth study of trafficking and sexual exploitation of children in Aruba, including the possible existence of sex tourism.
• India, CRC, CRC/C/137 (2004) 75 at paras. 452 and 453.
452. The Committee welcomes the ratification of the South Asian Association for Regional Cooperation (SAARC) Convention on Preventing and Combating Trafficking in Women and Children for Prostitution; the adoption of a plan of action to combat trafficking and commercial sexual exploitation of women and children; the initiative to undertake a study, inter alia, to collect data on the number of children and women who become victims of sexual exploitation and trafficking; and the Pilot Projects to Combat Trafficking of Children for Commercial Sexual Exploitation in Destination and Source Areas, but remains concerned that the Immoral Traffic Prevention Act, 1986 does not define trafficking and limits its scope to sexual exploitation. In addition, the Committee expresses its concern at the increasing number of child victims of sexual exploitation, including prostitution and pornography. Concern is also expressed at the insufficient programmes for the physical and psychological recovery and social reintegration of child victims of such abuse and exploitation.
453. In light of articles 34 and 35 and other related articles of the Convention, the Committee recommends that the State party:
...
(d) Adopt multidisciplinary and multisectoral approaches and take measures to prevent and combat sexual exploitation and trafficking of children, including an awareness-raising campaign and educational programmes, particularly for parents;
(e) Ensure that perpetrators are brought to justice;
(f) Strengthen its policies to facilitate the reunification of child victims of trafficking with their families and provide adequate care and reintegration programmes for children who have been sexually exploited and/or trafficked, in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children;
...
(h) Collaborate with non-governmental organizations working on these issues and seek technical assistance from, among others, UNICEF.
• Papua New Guinea, CRC, CRC/C/137 (2004) 94 at paras. 522 and 523.
522. The Committee, while noting with appreciation the recent amendments to relevant legislation and the formulation of a draft National Plan of Action to combat the commercial sexual exploitation of children and sexual exploitation in its wider context, remains concerned at the seemingly high incidence of child prostitution in the State party and the lack of accurate data and adequate policies in this regard.
523. The Committee recommends that the State party expedite the adoption of its National Plan of Action, take all necessary measures to implement existing legislation and develop an effective and comprehensive policy addressing the sexual exploitation of children with special attention to the protection of girls and women. The Committee also recommends that the State party implement appropriate policies and programmes for the prevention of such practices and for rehabilitation and reintegration of child victims, in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children.
• Slovenia, CRC, CRC/C/137 (2004) 104 at paras. 595 and 596.
595. The Committee is concerned that children are not protected in the legislation against abuse on the Internet and that there is no legislation on sex tourism and child pornography.
596. The Committee recommends that the State party strengthen the legal protection of children against various forms of abuse on the Internet, including child pornography, and introduce legislation which would make Slovene citizens liable to criminal prosecution for child abuse committed abroad.
• Japan, CRC, CRC/C/137 (2004) 116 at paras. 653 and 654.
653. ...[T]he Committee welcomes the adoption and implementation of the Law on Punishing Acts related to Child Prostitution and Child Pornography and on Protecting Children (1999). However, it is concerned that:
(a) The Penal Code maintains a narrow definition of rape as an act committed by a male against a female;
(b) All victims of sexual exploitation do not have access to appropriate recovery and assistance services;
(c) There have been reports of child victims being treated as criminals;
(d) There have been reports of the practice of “enjo kosai”, or compensated dating;
(e) The low minimum age of consent, which might contribute to the practice of “enjokosai”, hampers the prosecution of sexual abuse of children.
654. The Committee recommends that the State party:
(a) Amend legislation on sexual exploitation and abuse to ensure equal protection for boys and girls;
(b) Increase the number of trained professionals providing psychological counselling and other recovery services to victims at Child Guidance Centres;
(c) Train law enforcement officials, social workers and prosecutors on how to receive, monitor, investigate and prosecute complaints, in a child-sensitive manner;
(d) Develop preventive measures that target those soliciting and providing sexual services, such as materials on relevant legislation on the sexual abuse and exploitation of minors and education programmes, including programmes in schools on healthy lifestyles;
(e) Raise the minimum age of sexual consent.
• Panama, CRC, CRC/C/140 (2004) 23 at paras. 150-152.
150. The Committee recommends that the State party:
(a) Ensures the full implementation of the child labour provisions and take all necessary measures to prevent child labour, in rural as well as urban areas (child domestic workers);
(b) Develop preventive measures that target those soliciting and providing sexual services, including materials on the legislation concerning the sexual abuse and exploitation of minors, and education programmes, including programmes in schools on healthy lifestyles;
...
151. The Committee welcomes the ratification of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography. It remains concerned that sexual exploitation and abuse continue to be serious problems and that the victims of sexual exploitation do not have access to appropriate recovery and assistance services. The Committee also remains concerned about the lack of data to determine the real dimension of the problem of child abuse and sexual exploitation and about the insufficient measures to prevent and combat trafficking of children.
152. The Committee recommends the adoption and effective implementation of adequate legislation to prevent and combat trafficking, sexual exploitation and pornography involving children. It also recommends the provision of sufficient financial resources for the implementation of the activities promoted by the new National Committee against Commercial Sexual Exploitation. The Committee further recommends that the State party:
(a) Undertake awareness-raising campaigns, particularly for children, parents and other caregivers;
(b) Ensure that trafficked children and children who have been subjected to sexual exploitation are always treated as victims and that perpetrators are prosecuted;
(c) Provide adequate programmes of assistance and reintegration for sexually exploited and/or trafficked children in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children.
• Rwanda, CRC, CRC/C/140 (2004) 36 at paras. 225 and 226.
225. The Committee welcomes the ratification of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, but remains concerned about the increasing number of child victims of sexual exploitation, including for prostitution and pornography, especially among girls, child orphans and abandoned and other disadvantaged children. Concern is also expressed at the insufficient programmes for the physical and psychological recovery and social rehabilitation of child victims of such abuse and exploitation.
226. In the light of article 34 and other related articles of the Convention, the Committee recommends that the State party:
(a) Extend the protection from sexual exploitation and trafficking contained in all relevant legislation to all boys and girls below the age of 18 years;
(b) Ensure that child victims of sexual exploitation are not considered as offenders;
(c) Implement appropriate gender- and child-sensitive policies and programmes to prevent it and to rehabilitate child victims in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children.
• Sao Tome and Principe, CRC, CRC/C/140 (2004) 54 at paras. 292 and 293.
292. The Committee shares the concern of the State party about the gradual increase of cases of prostitution and other forms of sexual abuse which involve children. It is also deeply concerned that child prostitutes are considered by the law as criminals rather than as victims.
293. The Committee recommends that the State party:
(a) Conduct a comprehensive study to assess the scope and nature of sexual exploitation of children;
(b) Take all necessary measures to effectively protect all children from sexual exploitation;
(c) Develop adequate systems of investigation of cases of sexual exploitation and of recovery for the victims;
(d) Undertake awareness-raising campaigns, particularly for children, parents and other caregivers.
• France, CRC, CRC/C/140 (2004) 124 at paras. 600, 601, 606, 607, 633 and 634.
600. The Committee...is concerned at the conclusion of the Special Rapporteur on the sale of children, child prostitution and child pornography that, in practice, most judges are not willing to hear children and that in the past, justice has failed child victims of sexual abuse (E/CN.4/2004/9/Add.1, paras. 85 and 89).
601. The Committee recommends that the State party review legislation with a view to removing inconsistencies related to the respect for the views of the child. Furthermore, it is encouraged to continue to promote and facilitate, within the family, schools, institutions as well as in judicial and administrative proceedings, respect for the views of children and their participation in all matters affecting them, in accordance with article 12 of the Convention, as a right they are informed of, not merely a possibility. It further encourages the State party to provide educational information to parents, teachers and headmasters, government administrative officials, the judiciary, children themselves and society-at-large with a view to creating an encouraging atmosphere in which children can freely express their views, and where in turn, these are given due weight.
...
606. The Committee is concerned at the absence of appropriate laws or guidelines relating to the sale or accessibility of CD-ROMs, video cassettes and games, and pornographic publications facilitating access of a child to information and materials which may be injurious to her or his well-being.
607. The Committee recommends that the State party take necessary measures, including legal ones, to protect children from harmful effects of violence and pornography, in particular, in printed, electronic and audiovisual media.
...
633. The Committee notes that, following the World Congress against Commercial Sexual Exploitation of Children in Stockholm in 1996, a National Plan of Action was adopted to protect children from abuse and ill-treatment. The following year, in 1997, protection of abused children was declared a national priority. However, the Committee is concerned at the occurrence of trafficking of children, prostitution and related issues, as noted in the Report of the Special Rapporteur on the sale of children, child prostitution and child pornography following his mission to France in November 2002.
634. The Committee recommends that the State party:
(a) Conduct a comprehensive study to assess the causes, nature and extent of trafficking and commercial sexual exploitation of children;
(b) Undertake measures to reduce and prevent the occurrence of sexual exploitation and trafficking, including by sensitizing professionals and the general public to the problems of sexual abuse of children and trafficking through education, including media campaigns, and establishing cooperation;
(c) Establish or strengthen existing cooperation with the authorities of countries from which children are trafficked;
(d) Increase protection provided to victims of sexual exploitation and trafficking, including prevention, witness protection, social reintegration, access to health care and psychological assistance in a coordinated manner including by enhancing cooperation with non-governmental organizations, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children;
(e) Ensure that a confidential, accessible and child-sensitive mechanism is established to receive and effectively address individual complaints of all children, including those in the age group 15-18;
(f) Train law enforcement officials, social workers and prosecutors on how to receive, monitor, investigate and prosecute complaints in a child-sensitive manner.
• Brazil, CRC, CRC/C/143 (2004) 10 at paras. 73, 74 and 87-90.
73. The Committee is deeply concerned at the high number of children victims of violence, abuse and neglect, including sexual abuse, in schools, in institutions, in public places and in the family.
74. The Committee recommends that the State party:
(a) Carry out preventive public education campaigns about the negative consequences of ill-treatment of children;
(b) Take the measures necessary to prevent child abuse and neglect;
(c) In addition to existing procedures, establish effective child-sensitive procedures and preventive mechanisms to receive, monitor and investigate complaints, including through the intervention of social and judicial authorities where necessary, to find appropriate solutions, paying due regard to the best interests of the child;
(d) Give attention to addressing and overcoming sociocultural barriers that inhibit victims from seeking assistance;
(e) Seek assistance from, among others, UNICEF and the World Health Organization (WHO).
...
87. The Committee welcomes the decision of the State party’s President, to make the fight against child sexual exploitation a priority of his Government. However, the Committee is deeply concerned by the wide occurrence of sexual exploitation and related issues, as also noted in the report of the Special Rapporteur on the sale of children, child prostitution, and child pornography following his mission to Brazil in 2003 (E/CN.4/2004/9/Add.2).
88. The Committee recommends that the State party:
(a) Encourage and facilitate the reporting on incidents of sexual exploitation, investigate, prosecute and impose appropriate sanctions on any perpetrator of the alleged violations;
(b) Provide protection to victims of sexual exploitation and trafficking, especially prevention, social reintegration, access to health care and psychological assistance in a culturally appropriate and coordinated manner, including by enhancing cooperation with non-governmental organizations and with neighbouring countries; and
(c) Follow-up on the recommendation made by the Special Rapporteur that specialized criminal courts for child victims of crimes, together with specialized units of the public prosecutor’s and specialized police precincts for the protection of children and adolescents should be established.
89. The Committee expresses its grave concern at the significant number of street children and the vulnerability of these children to extrajudicial killings, various forms of violence, including torture, sexual abuse and exploitation, and at the lack of a systematic and comprehensive strategy to address the situation and protect these children, and the very poor registration of missing children by the police.
90. The Committee recommends that the State party:
(a) Develop a comprehensive strategy to address the high number of street children, with the aim of reducing and preventing this phenomenon;
(b) Ensure that street children are provided with adequate nutrition and shelter as well as with health care and educational opportunities in order to support their full development, and provide them with adequate protection and assistance.
• Botswana, CRC, CRC/C/143 (2004) 25 at paras. 159 and 160.
159. The Committee is concerned at the increasing incidence of sexual exploitation and abuse of children as mentioned in the State party report.
160. The Committee recommends that the State party:
(a) Undertake a study of children involved in commercial sexual exploitation and use its data to design policies and programmes to prevent commercial sexual exploitation of children, including through the development of a national plan of action on commercial sexual exploitation of children, as agreed at the first and second World Congresses Against Commercial Sexual Exploitation of Children, held in 1996 and 2001;
(b) Train law-enforcement officials, social workers and prosecutors on how to receive, monitor, investigate and prosecute complaints, in a child-sensitive manner that respects the privacy of the victim;
(c) Prioritize recovery assistance and ensure that education and training as well as psychosocial assistance and counselling are provided to victims.
• Equatorial Guinea, CRC, CRC/C/143 (2004) 64 at paras. 355 and 356.
355. The Committee notes with concern information indicating a high level of tolerance of promiscuity in families, the lack of information available on child abuse in the family and that legislation for the protection of children from sexual abuse does not expressly prohibit sexual intercourse with minors that are the offender’s natural children.
356. The Committee recommends that the State party:
(a) Undertake studies on domestic violence, ill-treatment and abuse (including sexual abuse within the family) in order to adopt effective laws, policies and programmes to combat all forms of abuse;
(b) Develop a national system for receiving, monitoring and investigating complaints and, when necessary, prosecuting cases in a manner that is child-sensitive and respects the victims’ privacy;
(c) Reform legislation on child abuse in the family to expressly prohibit sexual abuse;
(d) Set up a comprehensive and nationwide response system that is designed to provide, where appropriate, support and assistance to both victims and perpetrators of family violence, rather than only intervention or punishment, and that ensures that all victims of violence have access to counselling and assistance with recovery and reintegration, while preventing stigmatization of victims of abuse;
(e) Seek technical assistance from, among others, UNICEF, in this regard.
• Angola, CRC, CRC/C/143 (2004) 78 at paras. 443 and 444.
443. The Committee is concerned about the extent of the problem of sexual exploitation of and trafficking in children in the State party and notes that internally displaced and street children are particularly vulnerable to such abuse.
444. The Committee recommends that the State party further strengthen its efforts to identify, prevent and combat trafficking in children for sexual and other exploitative purposes, including by finalizing the national plan of action in this area and providing the appropriate legal framework and sufficient human and financial resources for its implementation...
• Antigua and Barbuda, CRC, CRC/C/143 (2004) 93 at paras. 499, 500, 516 and 517.
499. The Committee welcomes the adoption of the Sexual Offences Act of 1995 which protects the child against incest, but is concerned that the Offences Against the Person Act protects only girl children from rape and not boys, and that there are no local laws that specifically deal with the issue of protecting children against psychological violence. The Committee is further concerned that there are no officially designated places of safety for child victims of abuse where they can stay until their cases are heard by a magistrate, and that in practice, children are usually held at the police station, which is a cause of serious alarm. The Committee also expresses concern about the lack of adequate complaint filing mechanisms for child victims of abuse and neglect. The Committee is also concerned that prosecution for child abuse and neglect may be impeded as a result of major infrastructural problems in the legal system.
500. The Committee recommends that the State party take the necessary measures to prevent child abuse and neglect by, inter alia:
(a) Carrying out public education campaigns that raise awareness of the consequences of ill-treatment of children and alternative measures of disciplining children, addressing sociocultural barriers that inhibit victims from seeking assistance;
(b) Introducing legislation making it mandatory for all professionals working for and with children to report suspected cases of abuse and neglect, and train them in the identification, reporting and management of ill-treatment cases;
(c) In addition to existing procedures, establishing effective mechanisms to receive, monitor and investigate complaints in a child-sensitive manner and ensuring proper prosecution of perpetrators of child abuse and neglect;
(d) Providing services for the physical and psychological recovery and social reintegration to victims of sexual abuse and any other child victims of abuse, neglect, ill-treatment, violence or exploitation, and taking appropriate measures to prevent the criminalization and stigmatization of victims, including through cooperation with NGOs;
(e) Seeking technical assistance from, inter alia, UNICEF and WHO.
...
516. The Committee is concerned that the Sexual Offences Act of 1995 does not afford the same protection to boys as it does to girls. The Committee is also concerned at the low rate of prosecutions of those who sexually exploit children and that there is little in the way of public campaigns to educate the population about the laws governing sexual exploitation. The Committee notes that sexual exploitation of children should be a particular and growing concern for the State party, given its heavy reliance on commercial tourism.
517. The Committee recommends that the State party:
(a) Take appropriate legislative measures and ensure protection from sexual abuse and exploitation for boys and girls under 18 years;
(b) Undertake a comprehensive study to examine the sexual exploitation of children, gathering accurate data on its prevalence;
(c) Take appropriate legislative measures and develop an effective and comprehensive policy addressing the sexual exploitation of children, including the factors that place children at risk of such exploitation;
(d) Avoid criminalizing child victims of sexual exploitation and ensure proper prosecution of perpetrators; and
(e) Implement appropriate policies and programmes for the prevention of this crime and the recovery and reintegration of its victims, in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children.
• Sweden, CRC, CRC/C/146 (2005) 8 at paras. 49, 50, 67 and 68.
49. The Committee is concerned about the degree of violence accessible to children on the Internet and shown on television early in the evenings. The Committee is further concerned about the insufficient protection of children against child pornography and violent computer games.
50. The Committee recommends that the State party take all necessary measures, including by enforcing appropriate legislation, providing parental education and awareness-raising of children, to effectively protect children against violence on the Internet, television and computer games, and against the display of child pornography and encourage international cooperation in this respect.
...
67. The Committee notes with appreciation that, following the First World Congress against Commercial Sexual Exploitation of Children, held in Stockholm in 1996, a National Plan of Action was adopted to protect children against sexual abuse and ill-treatment, which was brought up to date in 2001 for the Second World Congress, held in Yokohama, Japan. It also welcomes the proposed revisions to the Criminal Code regarding sexual offences, which, if adopted, will improve the protection of children against sexual exploitation. However, the Committee is concerned at:
(a) The occurrence of trafficking in children, prostitution and related issues in Sweden and abroad committed by Swedish citizens;
(b) Reports of cases of sexually abused children as a result of contacts via the Internet;
(c) The little protection provided by Swedish legislation, due in part to the subjective and incomplete definition of the child under the Penal Code concerning child pornography.
68. The Committee recommends that the State party:
(a) Strengthen the protection measures for children who are using the Internet and the awareness-raising programmes for children about the negative aspects of the Internet, including by working with service providers, parents and teachers;
(b) Strengthen measures to reduce and prevent the occurrence of sexual exploitation and trafficking, including by sensitizing professionals and the general public to the problems of sexual abuse of children and trafficking through education, including media campaigns;
(c) Strengthen the legislation against possession and production of child pornography, including by prohibiting the display of child pornography on the Internet by service providers, and by revising the definition of the child in the Penal Code concerning child pornography, setting a clear objective age limit at 18 years;
(d) Strengthen the legislation allowing the prosecution of Swedish citizens involved in sexual exploitation of children abroad, including by prohibiting the reissuance of passports for persons freed after posting bail;
(e) Increase the protection provided to victims of sexual exploitation and trafficking, including prevention, witness protection, social reintegration, access to health care and psychological assistance in a coordinated manner, including by enhancing cooperation with NGOs, taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the First and Second World Congresses against Commercial Sexual Exploitation of Children, held in 1996 and 2001 respectively
• Albania, CRC, CRC/C/146 (2005) 19 at paras. 96, 97, 145 and 146.
96. The Committee welcomes the information that the age of marriage is now 18 years for all children and that discrimination contained in previous legislation has been removed. However, the Committee notes the lack of clarity related to the status of children between 14 and 18 years (e.g. in the areas of sexual abuse or exploitation, juvenile justice) and is concerned that children in this age group may not be accorded the special protection or the rights they are entitled to in accordance with the Convention.
97. The Committee recommends that the State party take all necessary measures to clarify the definition of the child in Albania and that existing legislation be reviewed to ensure that all children under 18 years of age receive the protection they need as provided for in the Convention.
...
145. The Committee notes the concerns expressed by the State party at the extent of the problem of sexual exploitation of children in Albania. It also welcomes the measures taken by the State party to combat trafficking in children, such as the establishment of an anti-trafficking centre in Vlora. However, the Committee notes with concern that the sale of children is not criminalized in domestic legislation, that children reportedly continue to be trafficked, in particular to Italy and Greece, and considers that additional efforts must be vigorously pursued to combat this persistent phenomenon.
146. The Committee recommends that the State party:
(a) Considerably strengthen its efforts to reduce and prevent the occurrence of sexual exploitation, sale of children and trafficking, including by amending legislation and sensitizing professionals and the general public to the problems of sexual abuse of children and trafficking through education, including media campaigns;
(b) Strengthen existing cooperation with the authorities of countries from or to which children are trafficked in order to combat the phenomenon and harmonize legislation in this respect;
(c) Increase protection provided to victims of sexual exploitation and trafficking, including prevention, witness protection, social reintegration, access to health care and psychological assistance in a coordinated manner, including by enhancing cooperation with NGOs. In this respect, account should be taken of the Declaration and Agenda for Action and the Global Commitment adopted at the First and Second World Congresses against Commercial Sexual Exploitation of Children, held in 1996 and 2001 respectively;
(d) Ensure that a confidential, accessible and child-sensitive mechanism is established to receive and effectively address individual complaints of all children, including those in the 14-18 years age group;
(e) Train law enforcement officials, social workers and prosecutors on how to receive, monitor, investigate and prosecute complaints, in a child-sensitive manner;
(f) Proceed with the ratification of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, as planned.
• Luxembourg, CRC, CRC/C/146 (2005) 36 at paras. 159, 186, 187, 213 and 214.
159. The Committee notes with appreciation:
...
(d) The following legislative measures:
...
(v) Act of 31 May 1999 introducing, inter alia, a new article 384 of the Criminal Code expressly punishing child pornography and providing for the confiscation of all related items;
...
186. While the Committee appreciates the measures taken by the State party to prevent and combat child pornography on the Internet, as well as the introduction of article 384 of the Criminal Code punishing the possession of pornographic material involving children, it remains concerned about the exposure of children to violence, racism and pornography, especially through the Internet.
187. The Committee recommends that the State party continue to take all appropriate measures to effectively protect children from being exposed to violence, racism and pornography through mobile technology, video movies, games and other technologies, including the Internet. The Committee further suggests that the State party develop programmes and strategies to use mobile technology, video advertisements and the Internet as a means for raising awareness among both children and parents of information and material injurious to the well-being of children.
...
213. While welcoming the many legislative and other measures taken by the State party to combat and raise awareness of the problem of sexual exploitation, trafficking in persons and child pornography, the Committee is concerned that the conditions of work for women and girls arriving in Luxembourg to work in the entertainment sector are such that they may be exposed to the risk of prostitution and trafficking in human beings.
214. In the light of article 34 and other related articles of the Convention, the Committee recommends that the State party continue and strengthen its efforts to identify, prevent and combat trafficking in children for sexual and other exploitative purposes, including by undertaking studies to assess the nature and magnitude of the problem and allocating sufficient resources to addressing it.
• Belize, CRC, CRC/C/146 (2005) 59 at paras. 359-361.
359. The Committee welcomes the adoption in 2003 of the Trafficking in Persons (Prohibition) Act, which provides special protection for children, and the subsequent establishment of a special Task Force to give greater effect to the implementation of the Act, and notes the State party’s efforts to combat sexual exploitation of children, for instance, through the “Stamp Out Child Abuse” campaign. Notwithstanding these positive steps taken by the State party, the Committee is concerned about the sexual exploitation of children, child pornography and trafficking of children in Belize and draws attention to the existing risk factors, such as the growing tourism.
360. The Committee also notes with concern that the sex offence legislation of the State party is discriminatory, leaving boys without equal legal protection from sexual assault and abuse. Furthermore, the reported cases of the so-called “sugar daddies”, adult men having sexual relations with girls and providing both girls and their families with monetary and material benefits in exchange for sex, give rise to serious concerns.
361. The Committee recommends that the State party continue and strengthen its efforts:
(a) To conduct a comprehensive study to assess the causes, nature and extent of trafficking and commercial sexual exploitation of children;
(b) To take all necessary measures to effectively prevent, and protect all children from, trafficking, sexual exploitation and child pornography, including through implementing the Trafficking in Persons (Prohibition) Act, and to provide the recently established Task Force with adequate financial, human and technical resources;
(c) To develop adequate systems of prevention and early detection and investigation of cases of sexual exploitation and ensure that perpetrators are prosecuted;
(d) To provide adequate programmes of assistance and reintegration for sexually exploited and/or trafficked children in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children;
(e) To critically review its sex offence legislation in order to ensure equal legal protection from sexual assault and abuse for girls and boys;
(f) To pay particular attention to the phenomenon of the so-called “sugar daddies” and existing risk factors, such as the growing tourism in the region, and to take all necessary preventive measures, in close cooperation with the tourism industry, in this respect;
(g) To introduce awareness-raising campaigns for children, parents and other caregivers, in order to prevent trafficking, sexual exploitation and pornography involving children, and to strengthen its cooperation with NGOs in this respect.
• Togo, CRC, CRC/C/146 (2005) 104 at paras. 583 and 584.
583. While noting the efforts made by the State party to prevent and combat sexual exploitation of children, the Committee is concerned that:
(a) Little data is available on the extent and patterns of sexual exploitation and prostitution of children;
(b) Existing legislation intended to protect children from sexual exploitation and prostitution is neither sufficient nor effective;
(c) Child victims of sexual exploitation often do not receive adequate protection and/or recovery assistance.
584. The Committee recommends that the State party:
(a) Undertake a national study on the extent and pattern of the phenomenon;
(b) Enact a law providing adequate protection to children victims of sexual exploitation, including trafficking, child pornography and prostitution;
(c) Train law enforcement officials, social workers and prosecutors on how to receive, monitor, investigate and prosecute cases, in a child-sensitive manner that protects the child victims and respects their privacy;
(d) Prioritize recovery assistance and ensure that education and training as well as psychosocial assistance and counselling are provided to victims, and ensure that victims who cannot return to their families are not institutionalized.
• Bolivia, CRC, CRC/C/146 (2005) 121 at paras. 656 and 657.
656. The Committee is concerned about the extent of sexual exploitation and trafficking of children for this or other purposes, in particular economic exploitation, and about the lack of effective programmes to address this problem.
657. In light of articles 34 and 35 and other related articles of the Convention, the Committee recommends that the State party:
(a) Conduct a comprehensive study to assess the causes, nature and extent of trafficking in children for various purposes, including commercial sexual exploitation;
(b) Proceed with plans to amend the Penal Code so as to make the exploitation and trafficking of children criminal offences;
(c) Strengthen measures and adopt multidisciplinary and multisectoral approaches to prevent and combat trafficking in children and sexual exploitation of children and adolescents;
(d) Undertake awareness-raising campaigns, particularly for parents;
(e) Ensure that trafficked children and children who have been subjected to sexual and economic exploitation are always treated as victims and that perpetrators are prosecuted;
(f) Provide adequate programmes of assistance and reintegration for sexually exploited and/or trafficked children in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children;
(g) Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, signed by the State party in December 2000;
(h) Collaborate with NGOs working on these issues and seek technical assistance from, among others, the Inter-American Children’s Institute and UNICEF.
• Nigeria, CRC, CRC/C/146 (2005) 135 at paras. 727, 728, 735 and 736.
727. ...The Committee is concerned about the situation of refugee and internally displaced children living in refugee camps, and regrets the paucity of information with regard to these children in the State party report and the State party’s position that the issue of asylum-seeking children do not arise in Nigeria. The Committee is particularly concerned about reports of sexual exploitation of refugee girls and women within and outside of the camps, including female teenagers who are forced into prostitution...
728. The Committee recommends that the State party:
...
(c) Take immediate measures to ensure that all displaced and refugee women and children are protected from all forms of sexual abuse and exploitation and that perpetrators are duly prosecuted;
...
735. The Committee is of the view that implementation of the existing legislation is not effective, and is deeply concerned that the number of children who fall victim to sexual exploitation is on the increase in the State party. The Committee also notes with concern that reports of sexual assaults and rape of young girls are on the increase, especially in the north. The Committee is concerned that children victims of sexual exploitation often do not receive adequate protection and/or recovery assistance, but may even be treated as perpetrators of a crime.
736. The Committee recommends that the State party:
(a) Undertake a comprehensive study to examine the sexual exploitation of children and child pornography, gathering accurate data on its prevalence;
(b) Take appropriate legislative measures and develop an effective and comprehensive policy to prevent and combat sexual exploitation of children and child pornography, including the factors that place children at risk of such exploitation;
(c) Train law enforcement officials, social workers and prosecutors on how to receive, monitor, investigate and prosecute cases, in a child-sensitive manner that protects children and respects the privacy of the victim;
(d) Prioritize recovery assistance and ensure that education and training as well as psychosocial assistance and counselling are provided to victims, and that victims that cannot return to their families are provided with adequate alternative solutions and are institutionalized only as a last resort;
(e) Avoid criminalizing child victims of sexual exploitation in all circumstances; and
(f) Implement appropriate policies and programmes for the prevention, recovery and reintegration of child victims, in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children.
• Saint Lucia, CRC, CRC/C/150 (2005) 10 at paras. 95 and 96.
95. The Committee notes with appreciation that the problem of sexual abuse has been recognized by the State party, however it remains concerned that the scope of the issue has not been fully and systematically uncovered and that existing legislation protecting children from sexual abuse and exploitation does not explicitly refer to the male child.
96. The Committee recommends to the State party that it:
(a) Undertake a comprehensive study on the sexual exploitation and abuse of children and use the data to design policies and programmes to prevent commercial sexual exploitation of children, including through the development of a national plan of action on commercial sexual exploitation of children as agreed at the First and Second World Congresses against Commercial Sexual Exploitation of Children;
(b) Adopt legislative measures and ensure protection from sexual abuse and exploitation for both boys and girls;
(c) Train law enforcement officials, social workers and prosecutors on how to receive, monitor, investigate and prosecute complaints in a child-sensitive manner that respects the privacy of the victim.
• Philippines, CRC, CRC/C/150 (2005) 24 at paras. 153-155 and 188-190.
153. The Committee is deeply concerned about the increasing reports of cases of child abuse and neglect in the State party and the notable deficiencies in the domestic legislation as regards penalizing all forms of abuse, neglect and mistreatment, including sexual abuse. In addition, the Committee deeply regrets the alleged cases of sexual abuse of children in the framework of religious institutions.
154. The Committee urges the State party to review its domestic legislation in order to penalize all forms of abuse, including sexual abuse, neglect, mistreatment and violence against children and to clearly define these crimes against children, including incest. The Committee recommends to the State party that it take effective measures to prevent and protect children from sexual abuse and exploitation in the framework of religious institutions, including by investigating the magnitude of such cases and by ensuring that the perpetrators of such abuse are brought to justice and that officials of religious institutions are held accountable in these cases of sexual abuse and the exploitation of minors.
155. The Committee urges the State party to conduct timely and adequate investigations of all cases of child abuse and violence with full practice of the rights of the child victim in legal proceedings, for example by allowing videotaped evidence, in order to bring perpetrators to justice and to ensure that child victims of violence and abuse have access to adequate counselling and multidisciplinary assistance with recovery and reintegration.
...
188. The Committee expresses its grave concern about the sexual exploitation of children, including growing child prostitution, and the reported cases of child pornography in the State party. The Committee notes with concern that the provisions of the Special Protection of Children against Child Abuse, Exploitation and Discrimination Act are mainly related to child prostitution and do not adequately protect victims of other forms of sexual exploitation. Furthermore, the Committee notes with concern that the minimum age of sexual consent is not clearly enough established in the State party’s domestic legislation and that the Revised Penal Code (Republic Act No. 3815) imposes maximum penalties for sexual offences when the victim is under 12 years of age but imposes lower penalties for sexual offences against minors over 12 years of age.
189. The Committee welcomes the adoption of, in 2003, the new Anti-Trafficking in Persons law and other measures taken by the State party in the areas of prevention of trafficking and protection of victims, such as the establishment of Anti-Illegal Recruitment Coordination Councils, the Trade Union Child Labour Advocate initiative and the establishment of an Executive Council to suppress trafficking in persons particularly women and children. But the Committee is gravely concerned about trafficked Philippine children both within the country and across borders. The Committee expresses its concern about existing risk factors contributing to trafficking activities, such as persistent poverty, temporary overseas migration, growing sex tourism and weak law enforcement in the State party.
190. The Committee urges the State party to:
(a) Review its domestic laws on the protection of children against sexual exploitation, including the use of children for pornography, in order to provide all child victims of such exploitation with equal protection, inter alia, by including in the law equal sanctions to all perpetrators of sexual offences against children;
(b) Set a clearly defined minimum age of sexual consent at an internationally acceptable level in its domestic law;
(c) Conduct a comprehensive study to assess the causes, nature and extent of commercial sexual exploitation and trafficking of children;
(d) Provide adequate programmes of assistance and reintegration for sexually exploited and/or trafficked children in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the First and Second World Congresses against Commercial Sexual Exploitation of Children;
(e) Pay particular attention to existing risk factors, such as the growing sex tourism in the region and continue to collaborate with the Department of Tourism and tourism service providers in this respect;
(f) Launch awareness-raising campaigns for children, parents and other caregivers, in order to prevent trafficking, sexual exploitation and pornography involving children, and sensitize officials working with and for victims of trafficking.
• Bosnia and Herzegovina, CRC, CRC/C/150 (2005) 49 at paras. 271 and 272.
271. While the Committee welcomes some positive developments in the prosecution of those responsible for serious crimes against women and girls in the context of trafficking and forced prostitution, as well as the adoption by the Council of Ministers of a national plan of action to combat trafficking in 2001, it is concerned that a growing number of children under 18, especially adolescent girls, are still being trafficked for the purpose of sexual exploitation. The Committee is further concerned that the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography has not been adequately addressed within the criminal justice systems.
272. In the light of article 34 and other related articles of the Convention, the Committee recommends that the State party further strengthen its efforts to fully implement and incorporate the above-mentioned Optional Protocol in the criminal justice systems as well as to identify, prevent and combat trafficking in children for sexual and other exploitative purposes, including by undertaking studies to assess the nature and magnitude of the problem and allocating sufficient resources to this field. Furthermore, the Committee should, inter alia:
- Provide adequate and systematic training to all professional groups concerned, in particular law enforcement officials;
- Launch awareness-raising and prevention campaigns targeting in particular children;
- Seek assistance from UNICEF, among others.
• Nepal, CRC, CRC/C/150 (2005) 66 at paras. 359, 361, 368 - 370, 376 and 377.
359. The Committee welcomes the adoption in August 2004 of an official policy that is grounded on the principle of non-refoulement, but it regrets that the State party has not yet ratified the Convention relating to the Status of Refugees, Convention relating to the Status of Stateless Persons or the Convention on the Reduction of Statelessness, and that there is no domestic legislation that covers the rights of refugees and asylum-seeking persons. In this regard, and given the fact that a large population of these persons are children the Committee is concerned about:
(a) The reports of discrimination and ill-treatment, including high incidence of sexual abuse of women and children in Bhutanese camps in Nepal;
...
361. The Committee recommends that the State party:
...
(c) Take immediate measures to ensure that all internally displaced, refugee women and children under its jurisdiction are protected from all forms of sexual exploitation and that perpetrators are duly prosecuted;
...
368. While noting the efforts taken by the State party to eliminate the phenomenon of sexual exploitation of children, the Committee is gravely concerned about the large number of children in the State party who are sexually exploited. The Committee is of the view that insufficient efforts have been taken to protect the particularly vulnerable groups of children from sexual exploitation. Specifically, the Committee notes with concern that children of lower castes are disproportionately represented among sex workers, and about the persistence of the customary practice known as Badi, whereby young girls of the Bedi caste are forced into prostitution.
369. The Committee further notes that article 7 of the Children Act which protects children from cruel treatment and torture is not applicable to sexual abuse cases that do not necessarily reach the threshold of cruel treatment or torture. The Committee is also concerned at the low rate of prosecutions for perpetrators of sexual exploitation of children and that there is little in the way of public campaigns to educate the population on the laws governing sexual exploitation.
370. The Committee recommends that the State party, allocate resources as a matter of priority to:
(a) Enact appropriate legislation that ensures protection from sexual abuse and exploitation for boys and girls under 18 years;
(b) Undertake a comprehensive study to examine the sexual exploitation of children, gathering accurate data on its prevalence;
(c) Take appropriate legislative measures and develop an effective and comprehensive policy addressing the sexual exploitation of children, including the factors that place children at risk of such exploitation, in particular children belonging to the Bedi and other lower castes;
(d) Avoid criminalizing child victims of sexual exploitation and ensure proper prosecution of perpetrators;
(e) Implement appropriate policies and programmes for the prevention, recovery and reintegration of child victims, including establishment of rehabilitation centres in all regions, in accordance with the Declaration and Agenda for Action adopted at the First World Congresses against Commercial Sexual Exploitation of Children and the Yokohama Global Commitment 2001 adopted at the Second World Congress;
(f) Seek assistance from, inter alia, UNICEF.
...
376. The Committee takes note of the various efforts undertaken by the State party to combat child trafficking and welcomes the information that police officers are being trained in issues relating to sexual exploitation and trafficking of women and children. However, the Committee remains deeply concerned about the perversity of the phenomenon of trafficking and sale of children within Nepal and across the border for the purposes of sexual exploitation and bonded labour. The Committee notes with grave concern that certain groups of children are at a particularly higher risk of being sold and trafficked, including girls, internally displaced children, street children, orphans, children from rural areas, refugee children and children belonging to more vulnerable castes. The Committee further expresses concern that the existing legal protection for victims of trafficking, most notably the Human Trafficking Control Act, is inadequate, and that its implementation is seriously inadequate. The Committee is also concerned that the child victims of sexual exploitation do not receive adequate protection and recovery assistance.
377. The Committee recommends that the State party:
(a) Upgrade its system of data collection on the sale, trafficking and abduction of children and ensure that all data and indicators are used for the formulation, monitoring and evaluation of policies, programmes and projects;
(b) Develop a comprehensive legal framework to protect children from trafficking;
(c) Take effective measures to strengthen law enforcement, and intensify efforts to raise awareness in communities about the sale, trafficking and abduction of children;
(d) Ensure that the implementation of the National Strategy on HIV/AIDS 2002-2006, Education for All Programme 2004-2009, Master Plan of Action on Child Labour, are all linked to the National Plan of Action on Trafficking, in order to achieve a comprehensive and effective approach;
(e) Ensure that appropriate assistance and support are provided to all child victims, including access to basic services by children who are awaiting repatriation;
(f) Seek to establish bilateral agreements with neighbouring countries, in particular India, to prevent the sale, trafficking and abduction of children, and to facilitate their protection and safe return to their families;
(g) Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime; and
(h) Seek cooperation with, and assistance from, inter alia, UNICEF and the International Organization for Migration.
• Ecuador, CRC, CRC/C/150 (2005) 91 at paras. 455 and 456.
455. The Committee takes note with appreciation of the considerable efforts undertaken by the State party and the various studies conducted by different institutions regarding the issue of sexual exploitation and trafficking of children, as reported by the State party. The Committee expresses its deep concern at the high number of children involved in commercial sexual exploitation and at the insufficient measures adopted by the State party in this regard.
456. The Committee recommends that the State party:
(a) Undertake appropriate legislative measures, including the revision of the Penal Code in order to criminalize, among others, sexual exploitation, pornography and sex tourism, as reported in the replies to the list of issues;
(b) Develop an effective and comprehensive policy addressing the sexual exploitation of children, including the factors that place children at risk of such exploitation;
(c) Avoid criminalizing child victims of sexual exploitation;
(d) Implement appropriate policies and programmes for the prevention, recovery and reintegration of child victims, in accordance with the Declaration and Agenda for Action of the first World Congress against Commercial Sexual Exploitation of Children and the Yokohama Global Commitment 2001 adopted at the second World Congress.
• Norway, CRC, CRC/C/150 (2005) 105 at paras. 511 and 512.
511. While welcoming measures taken to combat trafficking in women and children, the Committee is concerned that trafficking in women and children for sexual exploitation remains a problem in the State party.
512. The Committee encourages the State party to strengthen its efforts for an effective implementation of its plan to combat sexual exploitation and trafficking in persons. The Committee also encourages the State party to extend its cooperation to countries/regions which face serious problems in this area and to undertake a study to assess the nature and extent of trafficking and sexual exploitation of children and to identify groups which are particularly vulnerable to this form of exploitation.
• Mongolia, CRC, CRC/C/150 (2005) 113 at paras. 579 and 580.
579. The Committee is deeply concerned at the increasing number of children engaged in prostitution. While noting that trafficking in children is a relatively new human rights problem in Mongolia, the Committee is concerned about certain risk factors, including persisting poverty, the high rate of unemployment, difficult family circumstances that lead to runaways from home and a growth in tourism, which may increase sexual exploitation and trafficking in children.
580. In order to prevent and combat trafficking in children for sexual and other exploitative purposes, the Committee recommends that the State party:
(a) Develop and adopt a comprehensive national policy to prevent and combat sexual exploitation and trafficking in children, including the root causes and factors that place children at risk of such exploitation;
(b) Strengthen its efforts and legislation to identify and investigate trafficking cases, to improve understanding of the issues of trafficking and ensure that perpetrators are prosecuted;
(c) Provide adequate programmes of assistance and reintegration for sexually exploited and/or trafficked children in accordance with the Declaration and Agenda for Action and the Global Commitment adopted, respectively, at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children;
(d) Sign and ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.
• Costa Rica, CRC, CRC/C/150 (2005) 149 at paras. 718 and 719.
718. The Committee welcomes the ratification by the State party of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, as well as the measures taken by the State party to prevent and combat sexual abuse and exploitation of children. The Committee further welcomes the inclusive participation of non-governmental organizations in this process and the development of a National Plan against Sexual Exploitation of Children and Adolescents (2001). The Committee also welcomes the direct initiatives in cooperation with hotels and the travel industry to combat sex tourism. However, the Committee remains concerned at the low level of coordination among institutions, the lack of assistance available for victims of sexual exploitation, as well as information received by the Committee whereby the number of children victims of sexual exploitation might be increasing, in particular among street children.
719. The Committee endorses the recommendations of the International Labour Organization/International Programme on the Elimination of Child Labour Assessment on the commercial sexual exploitation of minors of April 2002 whereby the State party should promote and develop universal policies that directly address the social, economic and ideological factors which render the under-18 population so vulnerable to sexual exploitation and foster the conditions for commission of this crime; promote and develop intersectoral programmes and institutions aimed at early prevention and at assisting young girls and adolescents at risk of sexual exploitation, or who are already its victims; promote and develop programmes of comprehensive assistance to victims; reform the legislation with a view to bringing penal standards into line with the Convention on the Rights of the Child and the Worst Forms of Child Labour Convention, 1999 (No. 182), as well as the allocation of a larger budget dedicated specifically to battling sexual exploitation. In developing these programmes, the Committee recommends the participation on a voluntary basis of adolescents who were themselves victims of commercial sexual exploitation. The Committee further recommends that the State party seek the technical cooperation of UNICEF in this respect. The Committee further recommends that the State party take appropriate measures to strengthen the role of PANI and the Ministry of Labour including through allocation of resources in combating child labour, in particular in the “informal” market. Finally, the Committee recommends that the State party provide information in its next periodic report about the measures taken to protect child domestic workers.
• Norway, CRC (Optional Protocol - Sale of Children, Prostitution, Pornography), CRC/C/150 (2005) 177 at paras. 820, 821, 828 and 830-838.
820. The Committee expresses its concern at the lack of efforts to raise awareness among the public about the provisions of the Optional Protocol. It also notes with concern that it has been difficult to estimate the need for specific training courses due to a general lack of research-based information on the areas covered by the Optional Protocol.
821. The Committee recommends that the State party take measures to raise awareness among its population, including children and parents, about the provisions of the Optional Protocol.
...
828. The Committee encourages the State party to consider adopting specific legislation on the obligations of Internet service providers in relation to child pornography on the Internet.
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830. The Committee is concerned that expertise relating to sexually exploited children is limited in the child welfare service in the State party.
831. The Committee recommends that the State party continue to strengthen measures to ensure that child welfare workers receive adequate training on the provisions of the Optional Protocol and to provide assistance and support in this area for vulnerable children.
832. The Committee notes the absence of specialized services available for victims of child pornography crimes.
833. The Committee urges the State party to ensure that adequate services are available for victims of child pornography crimes.
834. The Committee notes that child pornography cases are dealt with by the regional police, which lack resources and technological competence effectively to handle the large amounts of data and material on the Internet.
835. The Committee encourages the State party to continue its efforts to strengthen the capacity of the criminal police to deal with crimes related to child pornography on the Internet. The Committee also encourages the State party to continue its efforts to inform children and their parents about the safe use of the Internet.
836. The Committee notes that the State party is very active in initiating prevention projects in the Baltic States, and encourages the State party to continue its efforts of cooperation at the regional and international levels.
837. The Committee notes the positive efforts made by the State party to strengthen law-enforcement policies at the European and international levels, and it encourages the State party to continue these efforts and to further strengthen and improve its bilateral cooperation with law-enforcement agencies in States which face problems in the area covered by the Optional Protocol.
838. The Committee recommends that the State party continue to strengthen systematic education and training on the provisions of the Convention for all relevant professional groups. In addition, the Committee recommends that the State party make the provisions of the Optional Protocol widely known, particularly to children, through, inter alia, school curricula.
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