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RIGHTS OF THE CHILD Law 25.763 Adopt the Protocol relating to the sale of children, child prostitution and child pornography, supplementing the United Nations Convention on the Rights of the Child. Sanctioned: July 23, 2003. Enacted: August 22, 2003.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Adopt the Protocol on the Sale of Children, the Child Prostitution and the Use of Children in the Pornography supplementing the United Nations Convention on the Rights of the Child, which consists of seventeen (17) articles, adopted by the General Assembly of the United Nations at its plenary meeting on 25 May 2000, the photocopy authenticated in Spanish is part of the present law. ARTICLE 2 Contact the Executive.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTS DAYS OF THE JULY YEAR DOS MIL TRES.

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EDUARDO O. CHANGE. . MARCELO E. LOPEZ ARIAS. . Eduardo D. Rollano. . Juan Estrada.

OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE SALE OF CHILDREN, CHILD PROSTITUTION AND THE USE OF CHILDREN IN PORNOGRAPHY

The States Parties to this Protocol,

Considering that in order to ensure the best achievement of the purposes of the Convention on the Rights of the Child and the implementation of its provisions and especially of articles 1, 11, 21, 32, 33, 34, 35 and 36, it would be useful to expand the measures to be taken by States parties to ensure the protection of minors against the sale of children, child prostitution and child pornography,

Considering also that the Convention on the Rights of the Child recognizes the right of the child to protection against economic exploitation and to perform work that may be dangerous, hindering his or her education or affecting his or her physical, mental, spiritual, moral or social health or development,

Gravely concerned at the important and growing international trafficking in minors for the sale of children, their prostitution and their use in pornography,

Expressing its deep concern at the widespread and continuing practice of sex tourism, to which children are particularly vulnerable as it directly promotes the sale of children, their use in pornography and their prostitution,

Recognizing that some particularly vulnerable groups, in particular girls, are exposed to greater danger of sexual exploitation, and that the representation of girls among sexually exploited persons is disproportionately high,

Concerned about the increasing availability of child pornography on the Internet and other modern technological means and recalling the International Conference to Combat Child Pornography on the Internet (Vienna, 1999) and, in particular, its conclusions calling for the worldwide criminalization of the production, distribution, export, transmission, import, intentional possession and propaganda of such pornography, and underlining the importance of closer collaboration and partnership among Governments,

Considering that it will be easier to eradicate the sale of children, child prostitution and child pornography if a comprehensive approach is taken to address all contributing factors, including underdevelopment, poverty, economic disparities, non-equitable socio-economic structures, family dysfunction, lack of education, rural-to-city migration, discrimination on the basis of sex, irreparable sexual behaviour,

Considering that efforts should be made to sensitize the public to reduce the consumer market leading to the sale of children, child prostitution and child pornography, and also believing that it is important to strengthen the global partnership of all actors, as well as to improve national repression,

Noting the provisions of international legal instruments relating to the protection of children, in particular the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption, the Hague Convention on the Civil Aspects of the International Abduction of Children, the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children, as well as the Convention. 182 of the International Labour Organization on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour,

Encouraged by the overwhelming support enjoyed by the Convention on the Rights of the Child, which demonstrates widespread adherence to the promotion and protection of the rights of the child,

Recognizing the importance of implementing the provisions of the Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography, as well as the Declaration and Programme of Action adopted by the World Congress against Commercial Sexual Exploitation of Children, held in Stockholm from 27 to 31 August 1996, and the other relevant decisions and recommendations of the relevant international bodies,

Bearing in mind the importance of the cultural traditions and values of each people for the purposes of the protection and harmonious development of the child,

They have agreed as follows:

Article 1

States Parties shall prohibit the sale of children, child prostitution and child pornography in accordance with this Protocol.

Article 2

For the purposes of this Protocol:

(a) The sale of children means any act or transaction whereby a child is transferred by a person or group of persons to another person in exchange for remuneration or any other remuneration;

(b) Child prostitution means the use of a child in sexual activities in exchange for remuneration or any other retribution;

(c) Child pornography means any representation, by any means, of a child engaged in explicit, real or simulated sexual activities, or any representation of the genital parts of a child for primarily sexual purposes.

Article 3

1. Each State Party shall take measures to ensure that, at least, the acts and activities listed below are fully covered by its criminal law, whether committed within or outside its borders, or whether they have been perpetrated individually or collectively:

(a) In relation to the sale of children, as defined in article 2:

(i) To offer, deliver or accept, by any means, a child for the purposes of:

a. Sexual exploitation of the child;

b. Non-profit transfer of organs of the child;

c. Forced labour of the child;

(ii) Unduly induce, as an intermediary, someone to give consent for the adoption of a child in violation of applicable international legal instruments on adoption;

(b) The offer, possession, acquisition or surrender of a child for the purpose of prostitution, as defined in article 2;

(c) The production, distribution, dissemination, import, export, supply, sale or possession, for the aforementioned purposes, of child pornography, as defined in Article 2.

2. Subject to the provisions of the legislation of the States Parties, these provisions shall also apply in cases of attempting to commit any of these acts and of complicity or participation in any of these acts.

3. Each State Party shall punish these offences with penalties appropriate to their gravity.

4. Subject to the precepts of their legislation, States Parties shall, where appropriate, adopt provisions to give effect to the liability of legal persons for the offences set forth in paragraph 1 of this article. Subject to the legal principles applicable in the State party, the liability of legal persons may be criminal, civil or administrative.

5. States Parties shall adopt all relevant legal and administrative arrangements for all persons involved in the adoption of a child to act in accordance with applicable international legal instruments.

Article 4

1. Any State Party shall take the necessary steps to give effect to its jurisdiction in respect of the offences referred to in article 3, paragraph 1, when such offences are committed on its territory or on board a ship or aircraft flying its flag.

2. A State Party may take the necessary steps to give effect to its jurisdiction in respect of the offences referred to in article 3, paragraph 1, in the following cases:

(a) Where the alleged offender is a national of that State or has habitual residence in its territory;

(b) When the victim is a national of that State.

3. Each State Party shall also adopt such provisions as may be necessary to give effect to its jurisdiction over the above-mentioned offences when the alleged offender is found in its territory and is not extradited to another State Party on the grounds that the offence has been committed by one of its nationals.

4. Nothing in this Protocol shall exclude the exercise of criminal jurisdiction in accordance with national legislation.

Article 5

1. The offences referred to in article 3, paragraph 1, shall be deemed to be included among the offences which give rise to extradition in any extradition treaty between States Parties, and shall be included as extraditable offences in any extradition treaty to be concluded between themselves in the future, in accordance with the conditions laid down in those treaties.

2. A State Party that subordinates extradition to the existence of a treaty, if it receives from another State Party with which it has no extradition request, may invoke this Protocol as a legal basis for extradition in respect of such offences. Extradition shall be subject to the other conditions laid down in the law of the requested State.

3. States Parties that do not extradite the existence of a treaty shall recognize that such offences result in extradition between such States, subject to the conditions laid down in the law of the requested State.

4. For the purposes of extradition between States Parties, it shall be considered that the offences have been committed not only in the place where they occurred but also in the territory of States obliged to give effect to their jurisdiction under article 4.

5. If an extradition request is made in respect of one of the offences referred to in article 3, paragraph 1, and the requested State does not grant or does not wish to grant it on the basis of the nationality of the perpetrator of the offence, that State shall take appropriate measures to bring the case to its competent authorities for the purpose of its prosecution.

Article 6

1. States Parties shall provide all possible assistance in connection with any investigation, criminal proceedings or extradition proceedings initiated in respect of the offences referred to in article 3, paragraph 1, in particular assistance in obtaining all necessary evidence for such proceedings in their possession.

2. States Parties shall comply with their obligations under paragraph 1 of this article in accordance with treaties or other mutual legal assistance agreements between them. In the absence of such treaties or agreements, States Parties shall provide such assistance in accordance with their legislation.

Article 7

Subject to the provisions of its legislation, the States Parties shall:

(a) They shall take measures to seize and confiscate, as appropriate:

(i) Goods such as materials, assets and other means used to commit or facilitate the commission of the offences referred to in this Protocol;

(ii) The profits derived from such crimes;

(b) They shall proceed with requests made by other States Parties for the seizure or confiscation of the assets or profits referred to in the subparagraph

(a) (i);

(c) They shall take measures to close, temporarily or definitively, the premises used to commit such crimes.

Article 8

1. States Parties shall take appropriate measures to protect the rights and interests of child victims of practices prohibited by this Protocol at all stages of criminal proceedings and, in particular, shall:

(a) Recognizing the vulnerability of child victims and adapting procedures to recognize their special needs, including special needs to testify as witnesses;

(b) To inform child victims of their rights, role, scope, dates and progress of the proceedings and the resolution of the case;

(c) Authorize the submission and consideration of the views, needs and concerns of child victims in proceedings where their personal interests are affected, in a manner consistent with the procedural rules of national legislation;

(d) Provide appropriate assistance to child victims throughout the process;

(e) Properly protect the privacy and identity of child victims and take measures in accordance with national legislation to prevent the dissemination of information that may lead to the identification of such victims;

(f) Ensure the safety of child victims, as well as their families and witnesses in their favour, against intimidation and reprisals;

(g) Avoid unnecessary delays in resolving cases and in implementing resolutions or decrees granting redress to child victims.

2. States Parties shall ensure that doubts about the actual age of the victim do not prevent the initiation of criminal investigations, including investigations aimed at determining the age of the victim.

3. States Parties shall ensure that in the criminal justice treatment of children victims of the offences set forth in this Protocol, the primary consideration to be the best interests of the child.

4. States Parties shall take measures to ensure appropriate training, particularly in the legal and psychological fields, of persons working with victims of offences prohibited under this Protocol.

5. States Parties shall, where appropriate, take measures to protect the safety and integrity of persons or organizations engaged in the prevention or protection and rehabilitation of victims of such crimes.

6. Nothing in this article shall prejudice the rights of the accused to a fair and impartial trial, nor be incompatible with such rights.

Article 9

1. States Parties shall adopt or strengthen, implement and publicize laws, administrative measures, social policies and programmes aimed at the prevention of the offences covered by this Protocol. Particular attention will be paid to the protection of children who are particularly vulnerable to such practices.

2. States Parties shall promote the awareness of the general public, including children, through information by all appropriate means and education and training on preventive measures and the harmful effects of the offences covered by this Protocol. In fulfilling their obligations under this article, States Parties shall encourage the participation of the community and, in particular, of child victims, in such information, education and training programmes, including at the international level.

3. States Parties shall take all possible measures to ensure all appropriate assistance to victims of such crimes, as well as their full social reintegration and full physical and psychological recovery.

4. States Parties shall ensure that all children victims of the offences set forth in this Protocol have access to adequate procedures for obtaining without discrimination from those legally responsible, reparation for the damage suffered.

5. States Parties shall take the necessary measures to effectively prohibit the production and publication of material advertising the offences set forth in this Protocol.

Article 10

1. States Parties shall take all necessary measures to strengthen international cooperation through multilateral, regional and bilateral agreements for the prevention, detection, investigation, prosecution and punishment of those responsible for acts of sale of children, child prostitution and child pornography or sex tourism. States Parties shall also promote international cooperation and coordination between their authorities and national and international non-governmental organizations, as well as international organizations.

2. States Parties shall promote international cooperation in support of child victims for the purpose of their physical and psychological recovery, social reintegration and repatriation.

3. States Parties shall promote the strengthening of international cooperation with a view to combating key factors, such as poverty and underdevelopment, which contribute to the vulnerability of children to practices of sale of children, child prostitution and child pornography or sex tourism.

4. States Parties in a position to do so shall provide financial, technical or other assistance through existing programmes at the multilateral, regional or bilateral or other levels.

Article 11

Nothing in this Protocol shall be deemed to prejudice any provision that is more conducive to the realization of the rights of the child contained in:

(a) The legislation of a State party;

(b) The international law in force with respect to that State.

Article 12

1. Within two years of the entry into force of the Protocol in respect of a State party, it shall submit to the Committee on the Rights of the Child a report containing a general statement of the measures it has taken to implement the provisions of the Protocol.

2. After the submission of the general report, each State Party shall include in its reports to the Committee on the Rights of the Child, in accordance with article 44 of the Convention, additional information on the implementation of the Protocol. The other States Parties to the Protocol shall submit a report every five years.

3. The Committee on the Rights of the Child may request States parties any relevant information on the implementation of this Protocol.

Article 13

1. This Protocol shall be open for signature by any State Party to the Convention or has signed it.

2. This Protocol is subject to ratification and open to accession by or signed by any State Party to the Convention. Instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations.

Article 14

1. This Protocol shall enter into force three months after the date of deposit of the tenth instrument of ratification or accession.

2. For States that have ratified or acceded to this Protocol after its entry into force, the Protocol shall enter into force one month after the date of deposit of the instrument of ratification or accession.

Article 15

1. Any State Party may denounce this Protocol at any time by notifying the Secretary-General of the United Nations in writing, who shall inform the other States Parties to the Convention and all States that have signed the Convention. The complaint shall take effect one year after the date on which the notification has been received by the Secretary-General of the United Nations.

2. Such a denunciation shall not exempt the State party from its obligations under this Protocol in respect of any offence committed prior to the date on which it takes effect. The complaint shall not in any way prejudice the Committee ' s continuing consideration of any matter initiated prior to that date.

Article 16

1. Any State Party may propose an amendment and deposit it with the Secretary-General of the United Nations. The Secretary-General shall communicate the proposed amendment to the States Parties, requesting them to notify the State party whether they wish to convene a conference of States Parties to consider the proposal and to put it to the vote. If, within four months of the date of that notification, at least one third of the States Parties declare themselves in favour of such a conference, the Secretary-General shall convene it with the auspices of the United Nations. Any amendment adopted by the majority of the States Parties present and voting at the conference shall be subject to the approval of the General Assembly.

2. Any amendment adopted in accordance with paragraph 1 of this article shall enter into force when approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties.

3. The amendments, when they enter into force, shall be binding on the States Parties that have accepted them; the other States Parties shall remain bound by the provisions of this Protocol and by any previous amendments that they have accepted.

Article 17

1. The present Protocol, whose Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall send certified copies of this Protocol to all States Parties to the Convention and to all States that have signed the Convention.