Law Approving The Convention Of The Council Of Europe On The Protection Of Children Against Sexual Exploitation And Sexual Abuse, Made In Lanzarote On 25 October 2007 (1) (2)

Original Language Title: Loi portant assentiment à la Convention du Conseil de l'Europe sur la protection des enfants contre l'exploitation et les abus sexuels, faite à Lanzarote le 25 octobre 2007 (1) (2)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2012015039&caller=list&article_lang=F&row_id=1200&numero=1241&pub_date=2013-06-21&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-06-21 Numac: 2012015039 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and COOPERATION to development 7 February 2012. -Law approving the Convention of the Council of Europe on the protection of children against sexual exploitation and sexual abuse, made in Lanzarote on 25 October 2007 (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Convention of the Council of Europe on the protection of children against sexual exploitation and sexual abuse, made in Lanzarote on 25 October 2007, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, February 7, 2012.
ALBERT by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Session 2010 - 2011 and 2011-2012.
Senate.
Records bill filed August 23, 2011, no. 5-1204/1. Report on behalf of the Committee No. 5-1204/2.
Parliamentary Annals Discussion, session of November 23, 2011. -Vote meeting of November 23, 2011.
Room Documents draft transmitted by the Senate, no. 53-1927/1. -Report on behalf of the Committee No. 53-1927/2. -Text adopted in plenary meeting and submitted to the sanction royale No. 53 - 1927/3.
Parliamentary Annals Discussion, meeting of January 12, 2012. -Vote meeting of January 12, 2012.
(2) see Decree of the Flemish community in February 12, 2010 (Moniteur belge of March 4, 2010 - Ed. 1), the Decree of the French community of April 28, 2011 (Moniteur belge of 13 May 2011 - Ed 1), Decree of the German-speaking community of March 28, 2011 (monitor Belgian April 29, 2011 - Ed. 2), the Decree of the Walloon Region from 26 April 2012 (Moniteur belge of 22 may 2012 - Ed 1) and order of the Community Commission common of March 1, 2012 (Moniteur belge of 14 March 2012 - Ed 1).

Convention of the Council of Europe on the protection of children against sexual exploitation and sexual abuse.
Preamble the Member States of the Council of Europe and the other signatories of this Convention;
Whereas the aim of the Council of Europe is to achieve greater unity between its members;
That every child whereas a right on the part of his family, society and the State, the protection measures required by its condition of minor;
Noting that sexual exploitation of children, including child pornography and prostitution, forms as well as all forms of sexual abuse of children, including when the acts are committed abroad, seriously endanger the health and psychosocial childhood development;
Noting that exploitation and abuse of children took dimensions worrying both at the national and international levels, especially for what is the increased use of communication technologies and information by children and the authors of offences, and to prevent and combat them, international cooperation is indispensable;
Considering that the well-being and best interests of children are fundamental values shared by all Member States and should be promoted without any discrimination;
Recalling the action Plan adopted at the 3rd Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005), which calls for the development of measures to put an end to the sexual exploitation of children;
Recalling inter alia the following recommendations of the Committee of Ministers: n R (91) 11 on sexual exploitation, pornography, prostitution, as well as on trafficking in children and young adults and Rec (2001) 16 on the protection of children against sexual exploitation, and the Convention on Cybercrime (ETS 185), and in particular article 9 thereof, as well as the Convention of the Council of Europe on the fight against trafficking in human beings (CETS No. 197) humans.
Bearing in mind the Convention for the protection of the rights of man and fundamental freedoms (1950, ETS 5), the revised European Social Charter (1996, ETS 163), the European Convention on the exercise of children's rights (1996, ETS 160);
Bearing in mind the UN Convention also United on the rights of the child, in particular article 34, the Protocol on the sale of children, child prostitution and child pornography featuring children, as well as the additional protocol to the UN Convention against transnational organized crime to prevent, Suppress and punish trafficking in persons in particular women and children, and the Convention of the International Labour Organization concerning the prohibition of the worst forms of child labour and immediate action for their elimination;
Bearing in mind the European Union Council Framework Decision on the fight against the sexual exploitation of children and child pornography (2004/68/JHA), the framework Decision of the Council of the European Union relating to the status of victims in criminal proceedings (2001/220/JHA) and the framework Decision of the Council of the Union European on the fight against trafficking in human beings (2002/629/JHA) humans.
Taking due account of other legal instruments and international programmes in this area, including the Declaration and the Programme of action of Stockholm, adopted at the 1st World Congress against sexual exploitation of children for commercial purposes (27-31 August 1996); the Yokohama global commitment, adopted at the 2nd World Congress against the sexual exploitation of children for commercial purposes (17-20 December 2001);
the commitment and Budapest action plan, adopted at the end of the preparatory conference of the 2nd World Congress against the sexual exploitation of children for commercial purposes (20-21 November 2001);
the Resolution adopted by the General Assembly of the United Nations S-27/2 "A world fit for children" and the three-year Programme "Building a Europe for and with children", adopted following the 3rd Summit and launched by the Conference of Monaco (4-5 April 2006);
Determined to contribute effectively to achieve the common objective of protecting children from sexual exploitation and sexual abuse regardless of the authors, and to provide assistance to victims;
Taking into account the need to develop a comprehensive international instrument which is centered on aspects related to prevention, protection and criminal law in the fight against all forms of exploitation and sexual abuse of children, and puts in place a specific follow-up mechanism;
Have agreed as follows: Chapter I. -Object, principle of non-discrimination and definitions Article 1 purpose 1. This Convention is to: a. to prevent and combat the exploitation and sexual abuse of children;
b. protect the rights of child victims of exploitation and sexual abuse;
c. to promote national and international cooperation against sexual exploitation and sexual abuse of children.
2. in order to ensure an effective implementation of its provisions by the Parties, the Convention puts in place a specific follow-up mechanism.
Section 2 non-discrimination principle the implementation of the Convention by the Parties, in particular the benefit of measures to protect the rights of victims, shall be secured without discrimination, based on sex, race, colour, language, religion, political opinions or any other opinions, national or social origin, membership of a national minority fortune, birth, sexual orientation, State of health, disability or other status.
Article 3 Definitions for the purposes of this Convention: a. the term "child" means any person less than 18 years of age;
b. the term "exploitation and sexual abuse of children" includes the conduct referred to in articles 18 to 23 of this Convention;
c. the term "victim" means any child victim of exploitation or sexual abuse.
CHAPTER II. -Measures preventive Article 4 principles each Party shall adopt legislative or other measures necessary to prevent any form of exploitation and sexual abuse of children and to protect them.
Article 5 recruitment, training and awareness for persons working in contact with children 1. Each Party shall take the necessary legislative or other measures to promote awareness of the protection and the rights of the child of the people to have regular contact with children in the areas of education, health, welfare, justice, and law enforcement as well as in sport, cultural activities and leisure-related sectors.
2. each Party shall take legislative or other measures necessary to ensure that the persons referred to in paragraph 1 have adequate knowledge exploitation and sexual abuse of children, the ways of detecting and the possibility provided for in article 12, paragraph 1.
3. each Party shall take legislative measures or other measures, pursuant to his right internal, so that conditions for access to the professions whose exercise involves habitually contacts

with children to ensure that candidates for these occupations have not been sentenced for acts of exploitation or sexual abuse of children.
Article 6 Education of children each Party shall take legislative measures or other measures for children are informed, during primary and secondary education on the risks of exploitation and sexual abuse, as well as on the means to protect themselves, tailored to their stage of development.
This information, provided, as appropriate, in association with parents, is part of a more general information on sexuality and pays particular attention to situations of risk, including those resulting from the use of new information and communication technologies.
Article 7 programs or intervention measures preventive. each Party shall ensure that persons who have to be able to commit one of the offences established in accordance with this Convention can access, if any, programs or effective measures designed to evaluate and prevent the risk of passage à l'acte.
Article 8 measures against the public 1.
Each party promotes or organizes awareness-raising campaigns that inform the public on the phenomenon of sexual exploitation and abuse concerning children and the preventive measures that can be taken.
2. each Party shall take legislative or other measures necessary to prevent or prohibit the dissemination of material that advertise the offences established in accordance with this Convention.
Article 9 Participation of children, the private sector, the media and civil society 1. Each party encourages the participation of children, according to their stage of development, developing and implementing policies, public programs or other dealing with the fight against sexual exploitation and sexual abuse of children.
2. each Party shall encourage the private sector, including the sectors of communication and technologies of information, the travel and tourism industry and the banking and financial sectors as well as civil society, to participate in the development and implementation of policies for the prevention of sexual exploitation and sexual abuse of children, and to implement internal standards through self-regulation or co-regulation.
3 each Party shall encourage the media to provide appropriate information on all aspects of the exploitation and sexual abuse involving children, in the respect of the independence of the media and freedom of the press.
4 each Party shall encourage the financing, including, where appropriate, through the creation of funds, programmes and projects supported by civil society to prevent and protect children from sexual exploitation and sexual abuse.
CHAPTER III. -Specialised authorities and coordinating Article 10 national measures of coordination and collaboration 1. Each Party shall take the necessary measures to ensure coordination at the national or local level between the various bodies responsible for the protection of children, prevention and the fight against sexual exploitation and sexual abuse on children, including the sector of education and health, social services, the police and the judicial authorities.
2. each Party shall take legislative or other measures necessary to put in place or designate: a. national or local institutions independent competent for the promotion and protection of the rights of the child, ensuring that they are equipped with resources and specific responsibilities;
b. mechanisms for collection of data or information, at the national or local level and in cooperation with civil society, points to, in compliance with the requirements related to the protection of personal data, observation and assessment of the phenomena of exploitation and sexual abuse of children.
3 each Party shall encourage cooperation between the competent public authorities, civil society and the private sector, in order to better prevent and combat the exploitation and sexual abuse of children.
CHAPTER IV. -Measures of protection and assistance to victims Article 11 rules 1. Each party establishes effective social programs and implementing multidisciplinary structures to provide the necessary support to the victims, their relatives and those to which they are assigned.
2. each Party shall take legislative or other measures necessary for that uncertainty on the age of the victim and where there is reason to believe that she is a child, the measures of protection and assistance for children are granted, in the expectation that his age is verified and established.
Article 12 reporting of suspicions of exploitation or sexual abuse 1. Each Party shall take the necessary legislative or other measures to ensure that the confidentiality rules imposed by domestic law to certain professionals brought to work in contact with children do not impede the possibility, for those professionals, reporting to the services responsible for the protection of childhood, any situation of a child for which they have reasonable grounds to believe that he is the victim of exploitation or sexual abuse.
2. each Party shall take legislative measures or other measures to encourage any person who knows about or suspecting, in good faith, facts of exploitation or sexual abuse of children to report them to the competent services.
Article 13 assistance Services each party takes legislative measures or other measures to encourage and support the establishment of communication services, such as telephone or internet lines, to provide advice to callers, even confidentially or in respect for their anonymity.
Article 14 Assistance to victims 1. Each Party shall take the necessary legislative or other measures to assist victims in the short and long term, to ensure their physical and psychosocial recovery. Measures taken pursuant to this paragraph shall take due account of the views, needs and concerns the child.
2. each Party shall take measures, under the conditions provided for by its internal law, to co-operate with non-governmental organisations, other relevant organisations or other elements of civil society, engaged in the assistance to victims.
3 when the parents or persons to which the child is entrusted are involved in fact exploitation or abuse committed against him, response procedures taken pursuant to paragraph 1 of article 11 include:-the possibility to remove the perpetrator of the facts;
-the possibility to remove the victim from his family environment. The terms and the duration of the withdrawal shall be determined in accordance with the best interests of the child.
4 each Party shall take the necessary legislative or other measures to that the relatives of the victim can receive, where appropriate, therapeutic assistance, notably emergency psychological support.
Chapter V. - Programs or interventions Article 15 General principles 1. Each party provides or promotes, in accordance with its internal law, programs or effective intervention measures for the persons referred to in article 16, paragraphs 1 and 2, to prevent and minimize the risks of repetition of sexual offences against children. These programmes or measures shall be accessible at any time of the procedure, in prisons and outside, according to the conditions defined by the law.
2. each party provides or promotes, in accordance with its domestic law, the development of partnerships or other forms of cooperation between the competent authorities, including health services and social services, and the judicial and other authorities in charge of the monitoring of persons referred to in article 16, paragraphs 1 and 2.
3. each party provides, under its domestic law, to carry out an assessment of dangerousness and risk of repetition contingent of offences established in accordance with this Convention of persons referred to in article 16, paragraphs 1 and 2, to identify programs or measures appropriate.
4. each party provides, under its domestic law, to carry out an assessment of the effectiveness of the programmes and measures implemented intervention.
Article 16 recipients of programs and intervention measures 1. Each party provides, under its internal law, that persons prosecuted for any of the offences established in accordance with this Convention, can access to the programmes or measures referred to in article 15, paragraph 1, under conditions which are neither detrimental nor contrary to the rights of defence and the requirements of a fair and impartial trial, and particularly in respect of the rules governing the principle of the presumption of innocence.
2. each party provides, under its internal law, that persons convicted of committing one of the offences established in accordance with this Convention can access to the programmes or measures referred to in article 15, paragraph 1.
3. each party provides, under its domestic law, program or intervention measures are put in place or adapted to meet the needs related to the development of children who have committed

of sexual offences, including those below the age of criminal responsibility, to address their problems of sexual behaviour.
Article 17 Information and consent 1.
Each party provides, under its domestic law, that the persons referred to in article 16 which programmes or intervention measures are proposed, are fully informed of the reasons for this proposal and that they agree to the program or the measure in full knowledge of the facts.
2. each party provides, under its internal law, that persons with which programmes or intervention measures are proposed can deny it and, if it comes to convicted persons, they are informed of the possible consequences that might attach to their refusal.
CHAPTER VI. -Right criminal material section 18 sexual abuse 1. Each Party shall take the necessary legislative or other measures to establish as criminal offences the following intentional conduct: a. the fact of engaging in sexual activities with a child who, in accordance with the relevant provisions of national law, reaches the legal age for sexual activity;
b. the fact of engaging in sexual activities with a child:-making use of coercion, force or threats; or - abusing a recognized position of trust, authority or influence over the child, including within the family; or - taking advantage of a situation of particular vulnerability of the child, notably because of a mental or physical disability or a situation of dependence.
2. for the purposes of paragraph 1, each Party shall determine the age below which it is not permitted to engage in sexual activities with a child.
3. the provisions of paragraph 1er.a do not have to govern sexual activity made between minors.
Article 19 offences related to child prostitution 1. Each Party shall take the necessary legislative or other measures to establish as criminal offences the following intentional conduct: a. because of recruiting a child so he engages in prostitution or facilitating the participation of a child for prostitution;
b. does coercing a child to engage in prostitution or take advantage to exploit a child in any other way for such purposes;
v. the fact of having recourse to the prostitution of a child.
2. for the purposes of this section, the term 'child prostitution' refers to use of a child for the purpose of sexual activity, by offering or promising money or any other form of remuneration, payment or benefit, that this remuneration, this payment, promise or this benefit is made to the child or to a third party.
Article 20 offences related to child pornography 1. Each Party shall take the necessary legislative or other measures to establish as criminal offences the following intentional conduct, when committed without right: a. the production of child pornography;
b. offering or making available child pornography;
c. the dissemination or transmission of child pornography;
d. the fact to obtain or provide to others child pornography;
e. the possession of child pornography;
f. access, in knowingly and through communication and information technology in child pornography.
2. for the purposes of this section, the term 'child pornography' means any material representing visually depicts a child engaged in real or simulated sexually explicit conduct, or any representation of the sexual parts of a child for primarily sexual purposes.
3. each party may reserve the right not to apply, in whole or in part, paragraph 1er.a and (e) production and possession:-pornographic material consisting exclusively of simulated representations or realistic images of a child that doesn't exist;
-of pornographic material involving children who have reached the age set in application of article 18, paragraph 2, when these images are produced and held by them, with their consent and solely for their own private use.
4. each party may reserve the right not to apply, in whole or in part, paragraph 1er.f.
Section 21 offences relating to the participation of a child in pornographic performances 1. Each Party shall take the necessary legislative or other measures to establish as criminal offences the following intentional conduct: a. because of recruiting a child to take part in pornographic performances or encourage the participation of a child in such shows.
b. does coercing a child to participate in pornographic performances or take advantage or exploit a child in any other way for such purposes;
c. does, in knowingly attending pornographic performances involving the participation of children.
2. each party may reserve the right to limit the application of paragraph 1.c in situations where children have been recruited or forced pursuant to paragraph 1(a) or (b) Article 22 corrupting children each party takes the legislative or other measures necessary to criminalize the intentional to fact attend, for sexual purposes, a child who have not attained the age set in application of article 18 , paragraph 2, even though it participates, to sexual abuse or sexual activities.
Article 23 solicitation of children for sexual purposes each Party shall take legislative or other measures necessary to establish as criminal offences the fact for an adult to propose intentionally, through technologies of communication and information, a meeting at a child who have not attained the age set in application of article 18, paragraph 2, with the aim of committing an offence established in accordance with articles 18 against paragraph 1er.a, or 20, paragraph 1er.a, where this proposal has been followed by material acts leading to such meeting.
Article 24 complicity and attempt 1. Each Party shall take the necessary legislative or other measures to establish as criminal offences any complicity when intentionally committed with a view to committing one of the offences established in accordance with this Convention.
2. each Party shall take legislative or other measures necessary to establish as criminal offences any intentional attempt to commit any of the offences established in accordance with this Convention.
3. each party may reserve the right not to apply, in whole or in part, paragraph 2 to offences established in accordance with article 20, paragraph 1er.b, d, e and f, in article 21, paragraph 1er.c, article 22 and article 23.
Article 25 jurisdiction 1.
Each Party shall take the necessary legislative or other measures to establish jurisdiction over any offence established in accordance with this Convention, when the offence is committed: a. in its territory; or b. on board a ship flying the flag of that party;
or c. on board an aircraft registered under the laws of that party; or d. by one of its nationals; or e. a person who has his habitual residence in its territory.
2 each Party shall endeavour to take the necessary legislative or other measures to establish jurisdiction over any offence established in accordance with this Convention, when the offence is committed against one of its nationals or a person having his habitual residence in its territory.
3. each party may, at the time of signature or of the deposit of its instrument of ratification, acceptance, approval or accession, in a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply or to apply only in the specific cases or circumstances, the jurisdiction rules laid down in paragraph 1.e of article.
4. for the prosecution of the offences established in accordance with articles 18, 19, 20, paragraph 1er.a, and 21, paragraph 1er.a and (b), of this Convention, each party takes the legislative or other measures necessary to ensure that the establishment of its jurisdiction in respect of item (d) of paragraph 1 is not subject to the condition that the facts are also punishable in the place where they were committed.
5. each party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right to limit the application of paragraph 4 of this article in relation to the offences established in accordance with article 18, paragraph 1er.b, second and third indents , in cases where its national has his habitual residence in its territory.
6. for the prosecution of the offences established in accordance with articles 18, 19, 20, paragraph 1er.a, and 21 of the Convention, each Party shall take legislative measures or other measures so that the establishment of its jurisdiction to the title of points d and e of paragraph 1 are not subject to the condition that the prosecution be preceded by a complaint by the victim or a denunciation from the State of the place where the facts occurred.
7. each Party shall take legislative or other measures necessary to establish its jurisdiction over any offence established in accordance with

to this Convention when the alleged offender is present in its territory and can be extradited to another party at the rate of his nationality.
8. when several Parties claim jurisdiction over an alleged offence established in accordance with this Convention, Parties shall cooperate, where appropriate, to determining the most appropriate prosecution.
9. without prejudice to the General rules of international law, this Convention does exclude any criminal jurisdiction exercised by a party in accordance with its domestic law.
Article 26 liability of legal persons 1. Each Party shall take legislative measures or other measures to ensure that legal persons can be held liable for offences established in accordance with this Convention, when committed for their benefit by any natural person, acting either individually or as a member of an organ of the legal person, who has a leading position within, on the following bases : a. a power of representation of the legal person;
b. an authority to take decisions on behalf of the legal person;
c. an authority to exercise control within the legal person.
2 in addition to the cases already provided for in paragraph 1, each Party shall take the necessary legislative or other measures to ensure that a legal person can be held liable where lack of supervision or control of an individual referred to in paragraph 1 has made possible the commission of an offence established in accordance with this agreement on behalf of that legal person by a natural person acting under its authority.
3. According to the legal principles of the party, the liability of a legal person may be criminal, civil or administrative.
4. this liability is established without prejudice to the criminal liability of individuals having committed the offence.
Article 27 penalties and measures 1.
Each Party shall take legislative measures or other measures so that the offences established in accordance with this Convention are punishable by effective, proportionate and dissuasive sanctions, taking into account their gravity. These include sanctions involving deprivation of liberty which can give rise to extradition.
2 each Party shall adopt legislative or other measures necessary for responsible declared legal persons in application of article 26 are punishable by effective, proportionate and dissuasive sanctions, which shall include criminal or non-criminal fines and possibly other measures, including: a. measures of disqualification of a benefit or assistance to public character;
b. measures to ban temporarily or permanently to exercise a commercial activity;
c. a placing under judicial supervision;
d. a judicial dissolution measure.
3. each Party shall take legislative or other measures necessary: a. to allow the seizure and confiscation:-of goods, documents and other material means used to commit the offences established in accordance with this Convention or to facilitate the commission;
-the product of these offences or of goods whose value corresponds to those products;
b. to enable the temporary or permanent closure of any establishment used to commit any of the offences established in accordance with this Convention, without prejudice to the rights of bona fide third parties, or prohibit the author of these offences, temporarily or permanently, the exercise of the activity, professional or voluntary, involving contact with children, on the occasion of which they have been committed.
4. each party may adopt other measures against offenders, such as deprivation of parental rights, monitoring or supervision of convicted persons.
5. each party may establish that the proceeds of crime or property confiscated in accordance with this article may be allocated to a special fund to finance programmes of prevention and assistance to victims of one of the offences established in accordance with this Convention.
Article 28 circumstances aggravating each Party shall take the necessary legislative or other measures to enable the following circumstances, provided that they do not already constitute elements of the offence, in accordance with the relevant provisions of domestic law, be taken into account as aggravating circumstances in the determination of the penalties relating to the offences established in this Convention : a. the offence brought an impairment of the physical or mental health of the victim;
b. the offence is preceded or accompanied by acts of torture or violence;
c. the offence was committed against a particularly vulnerable victim.
d. the offence was committed by a family member, a person who cohabits with the child or a person having abused his authority;
e. the offence has been committed by several persons acting jointly;
f. the offence was committed within the framework of a criminal organisation;
g. the author already was sentenced for acts of the same nature.
Article 29 convictions earlier each Party shall take the necessary legislative or other measures to provide for the possibility to take into account, in the assessment of the penalty, the final convictions handed down in another party for offences established in accordance with this Convention.
CHAPTER VII.
-Investigations, prosecution and law proceural Article 30 principles 1. Each Party shall take legislative or other measures necessary to ensure that the investigations and criminal proceedings take place in the best interests and respect for the rights of the child.
2. each Party shall adopt a protective approach to victims, ensuring that investigations and criminal proceedings do not aggravate the trauma suffered by the child and the criminal response was accompanied by assistance, where appropriate.
3. each Party shall ensure that investigations and criminal proceedings are treated as a priority and without undue delay.
4. each Party shall ensure that the measures adopted pursuant to this chapter are without prejudice to the rights of the defence and the requirements of a fair and impartial trial, in accordance with article 6 of the Convention for the protection of the rights of man and fundamental freedoms.
5. each Party shall take legislative or other measures necessary for, in accordance with the fundamental principles of its domestic law:-ensure investigations and prosecute effective of the offences established in accordance with this Convention, allowing, if applicable, the possibility to conduct discreet investigations;
-to enable units or investigation services to identify victims of the offences established in accordance with article 20, including by analysing child pornography material, such as photographs and audiovisual, accessible records, disseminated or transmitted through information and communication technologies.
Article 31 General protection measures 1. Each Party shall take legislative or other measures necessary to protect the rights and interests of the victims, including as witnesses, in all stages of the investigations and criminal proceedings, in particular: a. keeping them informed of their rights and the services available to them and, unless they do not wish to receive such information, follow-up to their complaint Heads of retained charge of the general conduct of the investigation or the proceedings and their role within it as well as of the decision;
b. ensuring that, at least in cases where there is a danger to the victims and their families, they can be informed, if necessary, of any release, temporarily or permanently, the person prosecuted or sentenced;
c. giving them, in a manner consistent with the procedural rules of national law, the possibility to be heard, to provide evidence and to choose the means whereby their views, needs and concerns are presented and discussed, directly or through an intermediary;
d. providing them with appropriate assistance, to ensure that their rights and interests are duly presented and taken into account;
e. protecting their privacy, their identity and their image and taking measures in accordance with the right internal to prevent the public release of any information that could lead to their identification;
f. ensuring that they, their families and witnesses, protected from the risk of intimidation, retribution and re-victimization;
g. ensuring that victims and offenders does not lie in direct contact at the premises of the investigative and judicial premises, unless the competent authorities decide otherwise in the best interests of the child or for the purposes of the investigation or the proceedings.
2. each party warrants to the victims, from their first contact with the competent authorities, access to the information on the judicial and administrative procedures relevant.
3. each part provides that the victim has access, free of charge where warranted, legal aid, when it can have the status of party to the criminal proceedings.
4. each party provides the possibility for the judicial authority to appoint a special representative for the victim when, under law

internal, may have the status of party to the judicial proceedings and that the holders of parental responsibilities are deprived of the faculty to represent it in this procedure as a result of a conflict of interest with her.
5. each party provides, by means of legislative or other measures and in accordance with the conditions provided by its internal law, the possibility for groups, foundations, associations or governmental or non-governmental organizations to assist and/or support the victims who consent during criminal proceedings concerning offences established in accordance with this Convention.
6. each Party shall ensure that the information given to the victims, in accordance with the provisions of this section, be in a manner appropriate to their age and their degree of maturity and in a language they can understand.
Article 32 implementation of the procedure each party takes legislative measures or other necessary for investigations or prosecution of offences established in accordance with this Convention not are not subordinate to the declaration or the accusation from a victim and that the procedure can continue even if the victim retracts.
Article 33 limitation period each Party shall take the legislative or other measures necessary so that the limitation period for prosecution of offences established in accordance with articles 18, 19, paragraph 1.
a and b, and 21, paragraph 1er.a and (b), continues to run for a sufficient period to enable the effective engagement of the prosecution, after the victim has reached the age of majority, and which is proportional to the seriousness of the offence in question.
Article 34 investigations 1.
Each Party shall adopt the necessary measures to ensure that persons, units or services responsible surveys are specialized in the fight against sexual exploitation and sexual abuse of children or persons to be trained for this purpose such services or units must have adequate financial resources.
2. each Party shall take legislative or other measures necessary to ensure that uncertainty as to the actual age of the victim does not preclude the opening of a criminal investigation.
Article 35 hearings of the child 1. Each Party shall take legislative or other measures necessary to ensure that: a. child auditions take place without undue delay after the facts have been reported to the competent authorities;
b. child auditions take place, if it is necessary, in premises designed or adapted for this purpose;
c. the child auditions are conducted by professionals trained for this purpose.
d. to the extent possible and where appropriate, the child is always questioned by the same people;
e. the number of hearings be limited to a minimum and to the extent strictly necessary for the application of the procedure;
f. the child to be accompanied by his legal representative or, where applicable, by the person of his choice, except reasoned contrary decision taken with respect to that person.
2. each Party shall take legislative measures or other measures so that the hearings of the victim or, where appropriate, with a child witness, can be the subject of an audiovisual record and this record may be admissible as evidence in criminal proceedings, according to the rules laid down by its law internal.
3. in the case of uncertainty about the age of the victim and when there is reason to believe that she is a child, the measures provided for in paragraphs 1 and 2 shall apply, with the expectation that his age is verified and established.
Article 36 proceedings 1. Each Party shall take the necessary legislative or other measures, in accordance with the rules governing the autonomy of the legal profession, to make available for the benefit of stakeholders in the judicial procedure training on rights of the child, of exploitation and sexual abuse of children, including judges, prosecutors and lawyers.
2. each Party shall take legislative measures or other measures to ensure that, according to the rules provided by the law internal: a. the judge may order that the hearing is taking place outside the presence of the public;
b. the victim could be heard at the hearing without being present, including through the use of appropriate communication technologies.
CHAPTER VIII. -Recording and conservation of data Article 37 registration and national data on convicted sex offenders 1. For the purposes of prevention and suppression of offences established in accordance with this Convention, each Party shall take the necessary legislative or other measures to save and preserve, in accordance with the relevant provisions on the protection of the data personal and other rules and such appropriate safeguards laid down in domestic law, data relating to the identity as well as the genetic (DNA) profile of persons convicted of the offences established in accordance with this Convention.
2. each party, at the time of signature or of the deposit of its instruments of ratification, acceptance, approval or accession, communicate to the Secretary General of the Council of Europe the name and address the single national authority for the purposes of paragraph 1.
3. each Party shall take legislative or other measures necessary to ensure that the information referred to in paragraph 1 can be transmitted to the competent authority of another party, in accordance with the requirements of its domestic law and the relevant international instruments.
CHAPTER IX. -Coordination International Article 38 general principles and measures for international co-operation 1.
The Parties shall cooperate, in accordance with the provisions of this Convention, in accordance with international instruments and applicable relevant regional arrangements based on legislation uniform or reciprocal and their right internal, to the widest extent possible for the purposes: a. to prevent and combat the exploitation and sexual abuse of children;
b. to protect and assist the victims;
c. to carry out investigations or proceedings concerning criminal offences established in accordance with this Convention.
2. each Party shall take legislative or other measures necessary to ensure that victims of an offence established in accordance with this Convention and committed on the territory of one party other than that in which they reside may make a complaint to the competent authorities of their State of residence.
3. If a party which makes mutual legal assistance in criminal matters or extradition conditional on the existence of a treaty receives a request for mutual assistance or extradition of a party with which it has concluded extradition treaty, it may consider this Convention as the legal basis of the mutual assistance in criminal matters or extradition for the offences established in accordance with this Convention.
4. each party strives to integrate, if applicable, the prevention and the fight against sexual exploitation and sexual abuse involving children in development assistance programmes conducted in favour of third States.
Chapter x. - Meanisme follow-up Article 39 Committee of Parties 1. The Committee of the Parties is composed of the representatives of the Parties to the Convention.
2. the Committee of the Parties shall be convened by the Secretary General of the Council of Europe. Its first meeting shall be held within a period of one year following the entry into force of this Convention for the tenth signatory who have ratified. He will later meet at the request of at least one third of the Parties or the Secretary General.
3. the Committee of the Parties shall adopt its own rules of procedure.
Article 40 other representatives 1. The Parliamentary Assembly of the Council of Europe, the Commissioner for the human rights, the European Committee on crime problems (CDPC) as well as other relevant intergovernmental committees of the Council of Europe shall each appoint a representative to the Committee of the Parties.
2. the Committee of Ministers may invite other bodies of the Council of Europe to appoint a representative to the Committee of the Parties after consulting the latter.
3. representatives of civil society, in particular non-governmental organizations, may be admitted as observers to the Committee of the Parties following the procedure established by the relevant rules of the Council of Europe.
4. the representatives appointed under paragraphs 1 to 3 above participate in the meetings of the Committee of the Parties without the right to vote.
Article 41 functions of the Committee of the Parties 1. The Committee of the Parties is responsible for ensuring the implementation of the Convention. The rules of procedure of the Committee of the Parties shall determine the modalities of the assessment of the implementation of the Convention.
2. the Committee of the Parties is responsible for facilitating the collection, analysis and exchange of information, experiences and good practices among the States to improve their capacity to prevent and combat the exploitation and sexual abuse of children.
3. the Committee of the Parties is also responsible, as applicable: a. facilitate the use and implementation of this Convention, including the identification of any problems in this area, as well as the effects of any declaration or reservation made under this Convention;
b. to express an opinion on any question relating

the application of the Convention and facilitate the exchange of information on the legal, political or technical developments important.
4. the Committee of the Parties is assisted by the Secretariat of the Council of Europe in the exercise of its functions pursuant to this article.
5. the European Committee on crime problems (CDPC) is held periodically informed of the activities provided for in paragraphs 1, 2 and 3 of this article.
CHAPTER XI. -Relationship with other international instruments Article 42 Relation with the United Nations Convention on the rights of the child and its Optional Protocol on the sale of children, child prostitution and child pornography this Convention does not affect the rights and obligations arising from the provisions of the UN Convention on the rights of the child and its Optional Protocol on the sale of children the prostitution of children and child pornography featuring children; It is designed to strengthen the protection established by these instruments and to develop and complement the standards therein.
Article 43 relationship with other international instruments 1. This Convention shall not affect the rights and obligations arising from the provisions of other international instruments to which Parties to the Convention are Parties or will become, which contain provisions on matters governed by this Convention and ensure greater protection and assistance to child victims of exploitation or sexual abuse.
2. the Parties to the Convention may conclude between them in bilateral agreements or multilateral relating to matters dealt with in this Convention, for the purpose to supplement or strengthen the provisions thereof to facilitate the application of the principles it enshrines.
3. Parties that are members of the European Union apply in their mutual relations, the rules of the community and of the EU to the extent that there are rules of the community or of the European Union governing the particular subject concerned and applicable to the case, without prejudice to the object and the purpose of the present Convention and without prejudice to its full application to the other Parties.
CHAPTER XII. -Amendments to the Convention Article 44 amendments 1. Any amendment to this Convention proposed by a party shall be communicated to the Secretary General of the Council of Europe and be transmitted by the latter to the Member States of the Council of Europe, any State signatory, any State party, the European Community, to any State invited to sign this Convention in accordance with article 45 , paragraph 1, and to any State invited to accede to this Convention, in accordance with the provisions of article 46, paragraph 1.
2. any amendment proposed by a party shall be communicated to the European Committee on crime problems (CDPC), which shall submit to the Committee of Ministers its opinion on the amendment.
3. the Committee of Ministers shall consider the proposed amendment and the opinion submitted by the CDPC and, following consultation with States non-parties to this Convention, may adopt the amendment.
4. the text of any amendment adopted by the Committee of Ministers in accordance with paragraph 3 of this article shall be communicated to the Parties for acceptance.
5. any amendment adopted in accordance with paragraph 3 of this article shall enter into force the first day of the month following the expiration of a period of one month after the date on which all Parties have informed the Secretary General that they have accepted it.
CHAPTER XIII.
-Final clauses Article 45 Signature and entry into force 1. This Convention is open for signature by the Member States of the Council of Europe, States non-members having participated in its elaboration and by the European Community.
2. the present Convention is subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval are deposited with the Secretary General of the Council of Europe.
3. this Convention shall enter into force the first day of the month following the expiration of a period of three months after the date on which 5 signatories, including at least 3 Member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordance with the provisions of the preceding paragraph.
4. If a State referred to in paragraph 1 or the European Community subsequently expresses its consent to be bound by the Convention, the latter shall enter into force for the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of ratification, acceptance or approval.
Article 46 accession to the Convention 1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consultation with the Parties to the Convention and have obtained the unanimous consent, invite any non-member of the Council of Europe did not participate in the elaboration of the Convention to accede to this Convention by a decision taken by the majority provided for in article 20.d of the Statute of the Council of Europe , and the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee of Ministers.
2 any acceding State, the Convention shall enter into force the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession by the Secretary General of the Council of Europe.
Article 47 territorial Application 1. Any State or the Community European may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, designate any territories to which this Convention shall apply.
2 any party may, at any time thereafter, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration which it ensures international relations or on whose behalf it is authorized to enter into commitments. The Convention will enter into force with respect to that territory the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General.
3. any declaration made under the two preceding paragraphs may, in respect of any territory specified in the declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe. This withdrawal shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.
Article 48 reservations no reservation is permitted with the provisions of this Convention, with the exception of those expressly laid down. Any reservation may be withdrawn at any time.
Article 49 denunciation 1. Any party may, at any time, denounce this Convention by sending a notification to the Secretary General of the Council of Europe.
2. Such denunciation shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.
Article 50 Notification the Secretary General of the Council of Europe shall notify the Member States of the Council of Europe, any State signatory, any State party, to the Community European, to any State having been invited to sign this Convention in accordance with the provisions of article 45, and to any State invited to accede to the Convention in accordance with the provisions of article 46 : a. any signature;
b. the deposit of any instrument of ratification, acceptance, approval or accession;
c. any date of entry into force of this Convention in accordance with articles 45 and 46;
d. any amendment adopted in accordance with article 44, as well as the date of entry into force of that amendment;
e. any reservation under article 48;
f. any denunciation made under the provisions of article 49;
g. any other Act, notification or communication relating to this Convention.
In witness whereof the undersigned, being duly authorized thereto, have signed the present Convention.
Made in Lanzarote, October 25, 2007, in french and English, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe.
The Secretary General of the Council of Europe in shall communicate certified copies to each of the Member States of the Council of Europe, to the non-Member States having participated in the elaboration of this Convention, the European Community and to any State invited to accede to this Convention.

Convention of the Council of Europe on the protection of children against sexual exploitation and sexual abuse, made in Lanzarote on 25 October 2007 States/OrganisationsDate consentementDate AuthentificationType Consentemententree force local ALBANIE17/12/2008Ratification14/04/200901/07/2010 2007indetermine-10-ALLEMAGNE25 2012indetermine-06-ANDORRE29 2010indetermine-09-ARMENIE29 AUTRICHE25/10/2007Ratification25/02/201101/06/2011 Abkhazia17/11/2008indetermine BELGIQUE25/10/2007Ratification08/03/201301/07/2013 Bosnia-HERZEGOVINE12/10/2011Ratification14/11/201201/03/2013 BULGARIE25/10/2007Ratification15/12/201101/04/2012 CHYPRE25/10. 2007indetermine ESTONIE17/09/2008indetermine CROATIE25/10/2007Ratification21/09/201101/01/2012 DANEMARK20/12/2007Ratification18/11/200901/07/2010 spain12/03/2009Ratification05/08/201001/12/2010
 
 

FINLANDE25/10/2007Acceptation09/06/201101/10/2011 FRANCE25/10/2007Ratification27/09/201001/01/2011 GEORGIE12/03/2009indetermine GRECE25/10/2007Ratification10/03/200901/07/2010 2010indetermine-11-HONGRIE29 2007indetermine-10-IRLANDE25 ISLANDE04/02/2008Ratification20/09/201201/01/2013 ITALIE07/11/2007Ratification03/01/201301/05/2013 LETTONIE07/03/2013indetermine LIECHTENSTEIN17/11/2008indetermine LITUANIE25/10/2007Ratification09/04/201301/08/2013 LUXEMBOURG07/07/2009Ratification09/09/201101/01/2012 Macedonia (EX - REP.
Yugoslav of) 25/10/2007Ratification11/06/201201/10/2012 MALTE06/09/2010Ratification06/09/201001/01/2011 MOLDAVIE25/10/2007Ratification12/03/201201/07/2012 2008indetermine-10-MONACO22 MONTENEGRO18/06/2009Ratification25/11/201001/03/2011 2007indetermine-10-NORVEGE25 country-BAS25/10/2007Ratification01/03/201001/07/2010 2007indetermine-10-POLOGNE25 PORTUGAL25/10/2007Ratification23/08/201201/12/2012 romania25/10/2007Ratification17/05/201101/09/2011 Kingdom-UNI05/05/2008indetermine 2012indetermine-10-RUSSIE01 SAINT MARIN25/10/2007Ratification22/03/201001/07/2010 SERBIE25/10/2007Ratification29/07/201001/11. 2010 2009indetermine-09-SLOVAQUIE09 2007indetermine-10-SLOVENIE25 2007indetermine-10-SUEDE25 SUISSE16/06/2010indetermine TURQUIE25/10/2007Ratification07/12/201101/04/2012 UKRAINE14/11/2007Ratification27/08/201201/12/2012 Convention of the Council of Europe on the protection of children against sexual exploitation and sexual abuse, made in Lanzarote on 25 October 2007 Kingdom of Belgium Declaration in accordance with article 37, paragraph 2, of the Convention , the Belgium refers to as a single national authority responsible for the purposes of article 37, paragraph 1, of the Convention, the following authority: National Institute of Criminalistics and Criminology Directorate and Directorate operational forensics Chaussée de Vilvorde 100 B - 1120 Brussels Tel: + 32 2-240 05 00 Fax: + 32 2-241 61 05 nicc-incc@just.fgov.be Reserve in accordance with article 24, paragraph 3, of the Convention, the Belgium reserves the right not to apply paragraph 2 of article 24 relating to the Suppression the attempt of the offences established by the Convention to the offences established in accordance with article 20, paragraph 1, e) and (f)), article 21, paragraph 1, c) and article 23.
Brussels, February 20, 2013.
The Deputy Prime Minister and Minister for Foreign Affairs, D.
REYNDERS