Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

The National Council has decided:

1. The conclusion of the following State Treaty shall be approved.

2. This State Treaty shall be complied with in accordance with the provisions of Article 50 (2) B-VG by the release of laws.

3. According to Article 49 (2) B-VG, the proclamation of this State Treaty in Arabic, Chinese, English, French, Russian and Spanish 1 to be carried out by the Federal Ministry of Foreign Affairs.

[German contract language/translation see annexes]

[English contract text see annexes]

The instrument of ratification, signed by the Federal President and countersigned by the Federal Chancellor, was deposited with the Secretary-General of the United Nations on 6 May 2004; the Optional Protocol is 6 in accordance with the provisions of Article 14 (2) of the Treaty. It entered into force in June 2004.

According to the United Nations Secretary-General, the following additional states have ratified the Optional Protocol. have joined him:

Andorra

Antigua and Barbuda

Argentina

Azerbaijan

Bangladesh

Belize

Bolivia

Brazil

China (including Macao Special Administrative Region)

Costa Rica

Denmark (including Faroe Islands and Greenland)

Ecuador

El Salvador

Guatemala

Holy See

Honduras

Iceland

Italy

Cambodia

Cape Verde

Kazakhstan

Qatar

Kyrgyzstan

Colombia

Congo, Democratic Republic

Croatia

Cuba

Lesotho

Libyan Arab Jamahiriya

Maldives

Mali

Morocco

the former Yugoslav Republic of Macedonia

Mexico

Mozambique

Namibia

Norway

Panama

Paraguay

Peru

Portugal:

Rwanda

Romania

Senegal

Serbia and Montenegro

Sierra Leone

Spain

Syria, Arab Republic

Tanzania, United Republic of

Turkey

Uganda

Ukraine

Uruguay

Venezuela

United States

Vietnam

On the occasion of the deposit of their instruments of ratification or The following Member States have expressed the following reservations: Statements made:

Argentina:

Explanations:

As regards Article 2 of the Optional Protocol, the Argentine Republic would prefer a more comprehensive definition of the sale of children, as defined in the Inter-American Agreement on International Trade, which was ratified by Argentina. Minor entrance has been found and, in Article 2 thereof, expressly as a kidnapping, continuation or restraint or attempted abduction, continuation or retention of a minor for unlawful purposes or by unlawful means is defined. In accordance with Article 41 of the Convention on the Rights of the Child, this importance is therefore continued. For the same reasons, the Argentine Republic considers that the sale of children should be criminalised in all cases, and not just in those in Article 3 (1) (1). a enumerated.

On Article 3, the Argentine Republic continues to declare that it does not sign international agreements on the international adoption of minors and that it has a reservation on Article 21 (b), (c) of international adoption. d and e of the Convention on the Rights of the Child, and the international adoption of children under its jurisdiction shall not be permitted.

The Argentine Republic lays down the term 'confiscation' in Article 7 to the effect that the term 'confiscation' means the confiscation of objects and proceeds as part of a penalty.

Denmark:

Denmark declares that it is the words "any representation" in Art. 2 lit. c of the Optional Protocol in the sense that this means "any visual representation". Denmark further states that the possession of pornographic visual representations of a person who has completed the fifteenth year of life and which has agreed to the possession is not covered by the binding provisions of this Convention.

El Salvador:

Explanation:

The Government of the Republic of El Salvador recognises the extradition of nationals on the basis of Article 28 (2) and (3) of the Constitution of the Republic, which reads as follows: ' The extradition shall be governed by international treaties; The extradition of Salvadorans shall be effected only if expressly provided for in a contract approved by the legislative bodies of the signatory States. In any case, the principle of reciprocity and for Salvadorans must be included in all the criminal and procedural safeguards laid down in this Constitution. Extradition shall only take place if the offence has been committed on the territory subject to the jurisdiction of the requesting State, unless it is a criminal offence with an international reach. No extradition may be provided for political offences, even if the result of such extradition is ordinary criminal offences ".

Qatar:

The State of Qatar declares a general reservation to those provisions of the Protocol which are contrary to Islamic Sharia law.

Colombia:

Colombia declares that, according to its national legal system, it understands the punishment of "confiscation" in Art. 7 in such a way that it only means seizure or decay in the phase of punishment.

Syria:

Syria declares a reservation concerning the adoption of Article 3 (5) and Article 3 (1) (lit). a (ii) the Optional Protocol.

Turkey:

The Republic of Turkey declares that it will implement the provisions of the Optional Protocol only to States Parties which recognise it and with which it has diplomatic relations.

United States:

Reservation:

To the extent that national law does not provide for jurisdiction over a criminal offence as described in Article 3 (1) of the Protocol, if the offence is committed on board a ship or aircraft registered in the United States , until the United States has informed the Secretary-General of the United Nations that the national law has been subject to the requirements of Article 4 (1) of the Convention, the obligation to jurisdiction over this offence has not been made until the United States has informed the Secretary-General of the United Protocol entirely.

Explanations:

The approval of the Senate shall be subject to the following declarations

(1)		No acceptance of obligations under the Convention on the Rights of the Child. The United States takes the view that, by ratifying the Protocol, it does not undertake any obligations under the Convention on the Rights of the Child.
(2)		The term "sale of children". The United States believes that the expression "sale of children" as in Art. 2 lit. a of the Protocol defines any transaction in which a payment or any other consideration is provided or received under conditions under which a person who does not have a legitimate custody of a person who is not The child has, in fact, granted control over the child.
(3)		The term "child pornography". The United States considers that the expression "child pornography" as in Art. 2 lit. e of the Protocol defines the visual representation of a child in the case of real or simulated sexual acts or any depiction of the sex parts of a child, the main feature being the representation for sexual purposes.
(4)		The expression "transfer of organs to achieve profit".

The United States takes the view that:

(A)			the expression "transfer of organs to achieve profit" as described in Article 3 (1) (lit). a (i) of the Protocol shall not include situations in which a child shall donate an institution as a result of a statutory consent; and
(B)			the expression "profit" as in Article 3 (1) (lit). a (i) of the Protocol shall not include the lawful payment of a reasonable sum relating to the transfer of organs, including the payment of travel and housing costs, lost labour costs or medical costs.
(5)		The expression "applicable international agreements" and "unstatliability of consent".
(A)			The interpretation of the concept of "applicable international agreements".
		The United States considers that the term "applicable international agreements" is set out in Article 3 (1) (1). (ii) and Article 3 (5) of the Protocol to the Convention on the Protection of Children and Cooperation in the Field of International Adoption, concluded in The Hague on 29 May 1993 (in this paragraph as the Hague Convention) ).
(B)			No obligation to take certain measures.
		The United States is not a contracting party to the Hague Convention, but expect to be soon. Until the date on which the United States becomes a party to the Hague Convention, it is therefore of the opinion that they are not obliged to do so in accordance with Article 3 (1) (1). (a (ii) the conduct described in the Protocol, or to take all appropriate legal measures and administrative measures required under Article 3 (5) of the Protocol.
(C)			Interpretation of the concept of "unstatliability of consent".
		The United States takes the view that the term "unstatliability of consent" in Article 3 (1) (1) (1) (1) (1). (a) (ii) the Protocol shall mean the deliberate and deliberate adoption of the consent by the offering or transfer of remuneration for the transfer of parental rights.
(6)		Application of the Protocol in the United States federal system. The United States considers that the Protocol is to be implemented by the Federal Government to the extent that it exercises jurisdiction over the matters covered by the Protocol, and otherwise by the States and the local authorities. Governments. To the extent that states and local governments exercise jurisdiction over such matters, the federal government, as far as necessary, will take the necessary measures to ensure the fulfilment of the protocol.

Vietnam:

The Socialist Republic of Vietnam declares its reservation in respect of Article 5 (1), (2), (3) and (4) of the Optional Protocol.

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