9 FEBRUARY 2006. - An Act to approve the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, adopted in New York on 25 May 2000, as corrected by the Secretary-General of the United Nations on 14 November 2000 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, adopted in New York on 25 May 2000, as corrected by the Secretary-General of the United Nations on 14 November 2000, will be effective and effective.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 9 February 2006.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of Justice,
Ms. L. ONKELINX
Seal of the State Seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2005-2006.
Senate.
Pain. - Bill tabled on 12 October 2005, No. 3-1377/1. - Report, number 3-1377/2.
Annales parliamentarians. - Disussions, meeting of 15 December 2005. Voting, meeting of 15 December 2005.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 51-2168/1. - Text adopted in plenary meeting and submitted to the Royal War, No. 51-2168/2.
Annales parliamentarians. - Discussion, meeting of January 12, 2006. - Vote, meeting of 12 January 2006.
(2) See Decree of the Flemish Community of 7 February 2003 (Moniteur belge du 24 février 2003), Decree of the French Community of 12 May 2004 (Moniteur belge du 7 juin 2004), Decree of the German-speaking Community of 27 October 2003 (Moniteur belge du 12 février 2004), Order of the Community Commission commune du 12 janvier 2006 (Moniteur belge du 31 janvier 2006)

Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, adopted in New York on 25 May 2000, as corrected by the Secretary-General of the United Nations on 14 November 2000.
States Parties to this Protocol,
Considering that, in order to advance in the realization of the purposes of the Convention on the Rights of the Child and the application of its provisions, in particular articles 1, 11, 21, 32, 33, 34, 35 and 36, it would be appropriate to extend the measures that States Parties should take to ensure the protection of the child against the sale of children, child prostitution and child pornography,
Considering also that the Convention on the Rights of the Child enshrines the right of the child to be protected from economic exploitation and not to be involved in work involving risks or likely to impair his or her education or to adversely affect his or her health or physical, mental, spiritual, moral or social development,
Noting with deep concern that the international trafficking of children for the sale of children, child prostitution and child pornography is of considerable and increasing proportion,
Deeply concerned about the widespread and persistent practice of sex tourism, to which children are particularly exposed, to the extent that it directly promotes the sale of children, child prostitution and child pornography,
Aware that a number of particularly vulnerable groups, including girls, are more at risk of sexual exploitation, and that an abnormally high number of girls are identified among victims of sexual exploitation,
Concerned about the increasing supply of child pornography on the Internet and other new technological materials, and recalling that, in its conclusions, the International Conference on the Fight against Child Pornography on the Internet (Vienna, 1999) has called for the criminalization in the world of production, distribution, export, import, transmission, intentional possession and advertising of pornographic material involving
Convinced that the elimination of the sale of children, child prostitution and child pornography will be facilitated by the adoption of a comprehensive approach taking into account the factors that contribute to these phenomena, including underdevelopment, poverty, economic disparities, inequity of socio-economic structures, family dysfunctions, lack of education, rural exodus, discrimination based on adult sex
Believing that public awareness is necessary to reduce the demand that is at the root of the sale of children, child prostitution and child pornography, and that it is important to strengthen the global partnership among all actors and to improve the application of the law at the national level,
Taking note of the provisions of the relevant international legal instruments on the protection of children, including the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, the Hague Convention on the Civil Aspects of International Child Abduction, the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children, and the ILO Convention No. 182
Encouraged by the massive support provided by the Convention on the Rights of the Child, which reflects a widespread commitment to promote and protect the rights of the child,
Considering the importance of implementing the provisions of the Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography and the 1996 Declaration and Programme of Action adopted at the World Congress against the Commercial Sexual Exploitation of Children, held in Stockholm from 27 to 31 August 1996, as well as other relevant decisions and recommendations of the relevant international organizations,
Taking due account of the importance of the traditions and cultural values of each people for the protection of the child and its harmonious development,
The following agreed:
Article 1^er
States Parties shall prohibit the sale of children, child prostitution and child pornography in accordance with the provisions of this Protocol.
Article 2
For the purposes of this Protocol:
(a) A sale of children means any act or transaction under which a child is given by any person or group of persons to another person or group of persons against remuneration or any other benefit;
(b) Child prostitution means using a child for the purpose of sexual activity against remuneration or any other form of benefit;
(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 sexual organs of a child for mainly sexual purposes.
Article 3
1. Each State Party shall ensure that, at a minimum, the following acts and activities are fully covered by its criminal law, whether committed domestically or transnationally, by an individual or organizedly:
(a) As part of the sale of children as defined in Article 2:
(i) Offering, delivering, or accepting a child, regardless of the means used, for the purposes of:
a. Sexual exploitation of the child;
b. Child organ transfer in an expensive manner;
c. To subject the child to forced labour;
(ii) Unduly obtaining, as an intermediary, consent to the adoption of a child, in violation of international legal instruments relating to adoption;
(b) Offering, obtaining, procuring or providing a child for prostitution, as defined in section 2;
(c) The production, distribution, dissemination, import, export, offer, sell or hold child pornography, as defined in Article 2.
2. Subject to the domestic law of a State Party, the same provisions shall apply in the event of an attempt to commission any of these acts, to complicity in its commission or to participate in it.
3. Any State Party shall make such offences punishable by appropriate penalties taking into account their seriousness.
4. Subject to the provisions of its domestic law, any State Party shall, where appropriate, take the necessary measures to establish the liability of legal persons for the offences referred to in paragraph 1 of this article. According to the legal principles of the State Party, this responsibility may be criminal, civil or administrative.
5. States Parties shall take all appropriate legal and administrative measures to ensure that all persons involved in the adoption of a child act in accordance with the provisions of applicable international legal instruments.
Article 4
1. Any State Party shall take the necessary measures to establish its jurisdiction for the purpose of ascertaining offences referred to in paragraph 1^er Article 3, where such offences have been committed in its territory or on board vessels or aircraft registered in that State.
2. Any State Party may take the necessary measures to establish its jurisdiction for the purpose of knowing offences referred to in article 3, paragraph 1, in the following cases:
(a) Where the alleged perpetrator of the offence is a national of that State, or has his habitual residence in the territory of that State;
(b) When the victim is a national of that State.
3. Any State Party shall also take measures to establish its jurisdiction for the purposes of knowing of the above-mentioned offences when the alleged perpetrator of the offence is present in its territory and does not extradite him to another State Party on the ground that the offence was committed by one of its nationals.
4. This Protocol does not exclude any criminal jurisdiction exercised in accordance with national laws.
Article 5
1. The offences referred to in paragraph 1^er Article 3 shall be fully understood in any extradition treaty in force between the States Parties and shall be included in any extradition treaty to be concluded subsequently between them, in accordance with the conditions set out in the said treaties.
2. If a State Party that subordinates extradition to the existence of a treaty is seized with a request for extradition by another State Party with which it is not bound by an extradition treaty, it may consider this Protocol as the legal basis for extradition with respect to such offences. Extradition is subject to the conditions provided by the law of the requested State.
3. States Parties that do not subordinate extradition to the existence of a treaty recognize such offences as cases of extradition between them under the conditions provided by the law of the requested State.
4. Between States Parties, such offences shall be considered for the purpose of extradition as having been committed not only in the place of their commission, but also in the territory under the jurisdiction of the States required to establish their jurisdiction under Article 4.
5. If an extradition request is made on the basis of an offence referred to in subsection 1^er Article 3, and if the requested State does not extradite or wish to extradite, on the basis of the nationality of the perpetrator of the offence, that State shall take the necessary measures to seize its competent authorities for the purposes of prosecution.
Article 6
1. States Parties shall accord the widest possible assistance for any investigation, criminal procedure or extradition procedure relating to the offences referred to in paragraph 1^er Article 3, including for obtaining the evidence they have and are necessary for the purposes of the proceedings.
2. States Parties shall fulfil their obligations under paragraph 1^er of this article in accordance with any treaty or mutual legal assistance agreement that may exist between them. In the absence of such a treaty or agreement, the States Parties shall accord such assistance in accordance with their domestic law.
Article 7
Subject to their domestic law, States Parties shall:
(a) Take appropriate measures to allow seizure and confiscation, as appropriate:
(i) Assets such as documents, assets and other material means used to commit or facilitate the commission of the offences referred to in this Protocol;
(ii) The proceeds of these offences;
(b) give effect to requests for the seizure or confiscation of goods or products referred to in paragraph (a) from another State Party;
(c) Take measures to temporarily or permanently close the premises used to commit such offences.
Article 8
1. States Parties shall adopt at all stages of criminal proceedings the necessary measures to protect the rights and interests of child victims of the practices prohibited by this Protocol, in particular:
(a) Recognizing the vulnerability of child victims and adapting procedures to take into account their special needs, including as witnesses;
(b) Keeping child victims informed of their rights, role and scope, timing and process, and the decision in their case;
(c) By allowing the views, needs or concerns of child victims to be presented and examined during the proceedings when their personal interests are at stake in a manner consistent with the procedural rules of domestic law;
(d) By providing appropriate assistance to child victims at all stages of judicial proceedings;
(e) By protecting, where appropriate, the privacy and identity of child victims and taking measures consistent with domestic law to prevent the dissemination of information that may lead to their identification;
(f) Ensure, where appropriate, that child victims, as well as their families and witnesses, are protected from intimidation and reprisals;
(g) By avoiding any undue delay in the judgment and enforcement of orders or decisions granting compensation to child victims.
2. States Parties shall ensure that uncertainty as to the actual age of the victim does not prevent the initiation of criminal investigations, including investigations to determine that age.
3. States Parties shall ensure that, in the manner in which the criminal justice system treats child victims of the offences described in this Protocol, the best interests of the child are the primary consideration.
4. States Parties shall take measures to provide appropriate training, in particular in the legal and psychological fields, to persons dealing with victims of the offences referred to in this Protocol.
5. Where appropriate, States Parties shall do the necessary to ensure the safety and integrity of persons and/or organizations for the prevention and/or protection and rehabilitation of victims of such offences.
6. None of the provisions of this article affect the right of the accused to a fair and impartial trial or is incompatible with that right.
Article 9
1. States Parties shall adopt or strengthen, implement and disseminate laws, administrative measures, policies and social programmes to prevent offences covered by this Protocol. Special attention is given to the protection of children particularly vulnerable to such practices.
2. By means of all appropriate means, education and training, States Parties shall sensitize the general public, including children, to measures to prevent practices prohibited by this Protocol and to the adverse effects of these practices. To fulfil their obligations under this Article, States Parties shall encourage the participation of the community and, in particular, children and child victims, in such information, education and training programmes, including at the international level.
3. States Parties shall take all materially possible measures to ensure appropriate assistance to victims of the offences referred to in this Protocol, including their full social reintegration, and their full physical and psychological recovery.
4. States Parties shall ensure that all child victims of the offences described in this Protocol have access to procedures allowing them, without discrimination, to claim compensation for harm to legally responsible persons.
5. States Parties shall take appropriate measures to effectively prohibit the production and dissemination of materials that advertise the practices prohibited in this Protocol.
Article 10
1. States Parties shall take all necessary measures to strengthen international cooperation through multilateral, regional and bilateral agreements aimed at preventing, identifying, prosecuting and punishing those responsible for acts related to the sale of children, child prostitution, child pornography and child sex tourism, as well as investigating such acts. States Parties also promote international cooperation and coordination among their authorities, national and international non-governmental organizations and international organizations.
2. States Parties shall encourage international cooperation to assist in the physical and psychological recovery of child victims, their social reintegration and repatriation.
3. States Parties are committed to strengthening international cooperation to eliminate the main factors, including poverty and underdevelopment, that make children vulnerable to sale, prostitution, pornography and child sex tourism.
4. States Parties that are in a position to do so provide financial, technical or other assistance through existing, multilateral, regional, bilateral or other programmes.
Article 11
None of the provisions of this Protocol shall affect provisions that are more conducive to the realization of the rights of the child that may include:
(a) In the legislation of a State Party;
(b) In international law in force for that State.
Article 12
1. Each State Party shall submit, within two years from the entry into force of this Protocol, a report to the Committee on the Rights of the Child containing detailed information on the measures it has taken to give effect to the provisions of the Protocol.
2. After the submission of its detailed 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, any new information concerning the application of this Protocol. The other States Parties to the Protocol shall report every five years.
3. The Committee on the Rights of the Child may request additional information from States Parties regarding the application of this Protocol.
Article 13
1. This Protocol shall be open for signature by any State that is a Party to or has signed the Convention.
2. This Protocol shall be subject to ratification and shall be open to accession by any State that is a Party to or has signed 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 each State ratifying or acceding to this Protocol after its entry into force, the Protocol shall enter into force one month after the date of the deposit by that State of its instrument of ratification or accession.
Article 15
1. Any State Party may at any time denounce this Protocol by written notification addressed to the Secretary-General of the United Nations, who shall inform the other States Parties to the Convention and all States that have signed it. The denunciation takes effect one year after the date on which the notification was received by the Secretary-General of the United Nations.
2. The denunciation shall not denounce the State Party which is the author of its obligations under the Protocol in respect of any offence occurring before the date on which the denunciation takes effect, nor shall it in any way interfere with the continuation of the examination of any matter before the Committee before that date.
Article 16
1. Any State Party may propose an amendment and deposit it with the Secretary-General of the United Nations. The Committee then communicates the amendment proposal to the States Parties, asking them to indicate whether they are in favour of convening a conference of the States Parties for consideration of the proposal and its vote. If, within four months of the date of this communication, at least one third of the States Parties shall vote in favour of convening such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly for approval.
2. Any amendment adopted in accordance with the provisions of 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. When an amendment comes into force, it is binding on the States Parties that have accepted it, the other States Parties shall remain bound by the provisions of this Protocol and by any earlier amendments accepted by them.
Article 17
1. This Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, will be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit a certified copy of this Protocol to all States Parties to the Convention and to all States that have signed it.

Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, adopted in New York on 25 May 2000, as corrected by the Secretary-General of the United Nations on 14 November 2000
For the consultation of the table, see image
Statement by Belgium
The expression "child pornography featuring children" means the visual representation of a child involved in real or simulated sexual activities, or the visual representation of a child's sexual organs, where the dominant characteristic is a description for sexual purposes.