Key Benefits:
LAW 765
(July 31)
Official Journal No. 44.889 of 5 August 2002
PUBLIC POWER-LEGISLATIVE BRANCH
By means of which the "Optional Protocol to the Convention on the Rights of the Child concerning the sale of children, child prostitution and the use of children in pornography", adopted in New York, is approved, Twenty-five (25) May of two thousand (2000).
The Congress of the Republic
Having regard to the text of the "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", adopted in New York, on 25 May of two mil (2000), which to the letter says:
(To be transcribed: photocopy of the full text of the international instrument mentioned).
" OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD CONCERNING THE SALE OF CHILDREN, CHILD PROSTITUTION AND THE USE OF CHILDREN IN PORNOGRAPHY
States Parties to this Protocol,
Whereas in order to ensure the best achievement of the purposes of the Convention on the Rights of the Child and the application of its provisions and in particular Articles 1, 11, 21, 32, 33, 34, 35 and 36, it would be appropriate to extend the to be adopted by the States Parties in order to ensure the protection of minors against the sale of children, child prostitution and the use of children in pornography,
Whereas the Convention on the Rights of the Child recognises the right of the child to protection against economic exploitation and the carrying out of work which may be dangerous, to hinder his education or to affect his or her health, or physical, mental, spiritual, moral or social development,
Gravely concerned about the important and growing international trafficking of minors for the purposes of the sale of children, their prostitution and their use in pornography,
Expressing deep concern over the widespread and ongoing practice of sex tourism, which children are especially vulnerable to as it directly encourages the sale of children, their use in pornography and their prostitution,
Acknowledging that some especially vulnerable groups, particularly girls, are exposed to a greater danger of sexual exploitation, and that the representation of girls among sexually exploited people is disproportionately high,
Concerned about the increasing availability of child pornography on the Internet and other modern technological means and recalling the International Conference on Combating Child Pornography on the Internet (Vienna, 1999) and, in The Commission has been in the process of being asked to make a statement on the situation in the Member State of the European Parliament, and I would like to ask the Commission to make a statement on this matter. closer collaboration and partnership between governments and the Internet sector,
Estimating that it will be easier to eradicate the sale of children, child prostitution and the use of children in pornography if a global approach is taken to address all the factors contributing to it, in particular the underdevelopment, poverty, economic disparities, non-equitable socio-economic structures, dysfunction of families, lack of education, migration of the countryside to the city, discrimination on grounds of sex, behaviour the irresponsible sexual practices of adults, harmful traditional practices, armed conflicts and treats children,
Estimating that efforts should be made to raise public awareness in order to reduce the consumer market leading to the sale of children, child prostitution and the use of children in pornography, and also estimating that it is important strengthening the global partnership of all actors, as well as improving repression at the national level,
Taking note of 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 the field of International Adoption, Hague Convention on the Civil Aspects of the International Child Abduction, the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in the Field of Parental Responsibility and Measures for the Protection of Children, as well as Convention No. 182 of the International Organization of the Work on banning the worst forms of child labour and immediate action for their disposal,
Encouraged by the overwhelming support of the Convention on the Rights of the Child, which demonstrates widespread adherence to the promotion and protection of the rights of the child,
Recognising the importance of implementing the provisions of the Action Programme for the Prevention of the Sale of Children, Child Prostitution and the Use of Children in Pornography, as well as the Declaration and Programme of Action approved by the World Congress against the Commercial Sexual Exploitation of Children, held in Stockholm from 27 to 31 August 1996, and other relevant decisions and recommendations of the competent international bodies,
Taking due account of the importance of the traditions and cultural values of each people for the protection and harmonious development of the child,
Have agreed to the following:
ARTICLE 1o. States Parties shall prohibit the sale of children, child prostitution and child pornography in accordance with the provisions of this Protocol.
ARTICLE 2o. For the purposes of this Protocol:
(a) For the sale of children, any act or transaction under which a child is transferred by one person or group of persons to another is understood in return for remuneration or for any other remuneration;
(b) Child prostitution means the use of a child in sexual activity in exchange for remuneration or any other remuneration;
(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 purposes sexual.
1. Each State Party shall take measures to ensure that at least the acts and activities listed below are fully understood in its criminal law, whether committed within or outside its borders, or if they have been committed. individually or collectively:
(a) In relation to the sale of children, in the sense defined in Article 2o.:
i) Offer, deliver or accept, by any means, a child for the purpose of:
a) Sexual exploitation of the child;
b) Child organ transfer;
c) Forced child labour;
(ii) Inform unduly, as an intermediary, someone to give his consent to the adoption of a child in violation of applicable international legal instruments;
(b) The offer, possession, acquisition or delivery of a child for the purpose of prostitution, in the sense defined in Article 2.;
(c) The production, distribution, disclosure, import, export, supply, sale or possession, for the purposes indicated above, of child pornography, in the sense in which it is defined in Article 2o.
2. Subject to the provisions of the legislation of the States Parties, these provisions shall also apply in cases of attempts to commit any of these acts and to complicity or participation in any of these acts.
3. Any State Party shall punish these offences with penalties appropriate to its seriousness.
4. Subject to the provisions of their legislation, the States Parties shall, where appropriate, adopt provisions enabling the liability of legal persons to be effective for the offences set out in paragraph 1. of this Article. Subject to the legal principles applicable in the State Party, the liability of legal persons may be civil or administrative criminal proceedings.
5. States Parties shall take all appropriate legal and administrative provisions to ensure that all persons involved in the adoption of a child are acting in accordance with the applicable international legal
,
1. Any State Party shall adopt the necessary provisions to make its jurisdiction effective in respect of the offences referred to in paragraph 1. of Article 3., where such offences are committed on their territory or on board a vessel or aircraft flying its flag.
2. Any State Party may adopt the necessary provisions to make its jurisdiction effective in respect of the offences referred to in paragraph 1. of Article 3o. in the following cases:
(a) Where the alleged offender is a national of that State or has habitual residence on its territory;
b) When the victim is a national of that State.
3. Each State Party shall also adopt the provisions necessary to make its jurisdiction effective with respect to the offences referred to above when the alleged offender is found on his territory and is not extradited to another State Party. on the grounds that the offence was committed by one of its nationals.
4. Nothing in this Protocol shall exclude the exercise of criminal jurisdiction in accordance with national law.
1. The offences referred to in paragraph 1. of Article 3o. shall be considered to be included among the offences which result in extradition in any extradition treaty concluded between States Parties, and shall be included as offences which give rise to extradition in any extradition treaty which celebrates each other in the future, in accordance with the conditions laid down in those treaties.
2. The State Party that subordinates extradition to the existence of a treaty, if it receives from another State Party with which it has no treaty on it, may invoke this Protocol as a legal basis for extradition. with regard to these offences. Extradition shall be subject to the other conditions laid down in the legislation of the requested State.
3. States Parties which do not subordinate extradition to the existence of a treaty shall recognise that such offences result in extradition between those States, subject to the conditions laid down in the legislation of the requested State.
4. For the purposes of extradition between States Parties, the offences shall be deemed to have been committed not only in the place where they occurred but also in the territory of the States obliged to make their jurisdiction effective under the Article 4o.
5. If an extradition request is submitted in respect of one of the offences referred to in paragraph 1. of Article 3o. and the requested State does not grant it or does not wish to grant it on the basis of the nationality of the perpetrator of the offence, that State shall take the appropriate measures to bring the case to its competent authorities for the purposes of its prosecution.
1. The States Parties shall provide all possible assistance in relation to any investigation, criminal proceedings or extradition proceedings initiated in respect of the offences referred to in paragraph 1. of Article 3o., in particular assistance in obtaining all the evidence necessary for such procedures in their possession.
2. The States Parties shall comply with the obligations incumbent upon them under paragraph 1. of this Article in accordance with the treaties or other mutual legal assistance agreements which exist between them. In the absence of such treaties or agreements, the States Parties shall provide such assistance in accordance with their legislation.
ARTICLE 7o. Subject to the provisions of your legislation, States Parties:
a) 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 obtained from these crimes;
(b) Will take action against requests made by other States Parties to proceed with the seizure or confiscation of the goods or utilities referred to in paragraph (a) (i);
c) They will take measures to close, temporarily or definitively, the premises used to commit such crimes.
1. States Parties shall take appropriate measures to protect at all stages of the criminal proceedings the rights and interests of children who are victims of the practices prohibited by this Protocol and shall in particular:
(a) Recognize the vulnerability of child victims and adapt procedures so that their special needs are recognized, including special needs to testify as witnesses;
b) Inform children who are victims of their rights, their role, scope, dates and the progress of the actions and the resolution of the cause;
c) Authorize the presentation and consideration of the opinions, needs and concerns of child victims in the actions in which their personal interests are affected, in a manner compatible with the procedural rules of the national legislation;
d) Provide proper assistance throughout the process to child victims;
e) To properly protect the privacy and identity of child victims and to adopt measures in accordance with national law to prevent the disclosure of information that may lead to the identification of such victims;
f) Velar for the safety of the child victims, as well as that of their families and witnesses in their favor, in the face of intimidation and reprisals;
g) Avoid unnecessary delays in the resolution of the causes and in the execution of the resolutions or decrees granting reparation to the child victims.
2. The States Parties shall ensure that the fact that there are doubts about the actual age of the victim does not prevent the initiation of criminal investigations, including investigations aimed at determining the age of the victim.
3. The States Parties shall ensure that in the treatment of child victims of the offences referred to in this Protocol, the primary consideration of the child's best interests shall be the child's best interests.
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 organisations engaged in the prevention or protection and rehabilitation of victims of such crimes.
6. Nothing in this Article shall be construed as prejudice to the rights of the defendant in a fair and impartial trial, nor shall it be incompatible with those rights.
1. States Parties shall adopt or strengthen, apply and publicise laws, administrative measures, policies and social programmes aimed at the prevention of the offences referred to in this Protocol. Particular attention shall be paid to the protection of children who are particularly vulnerable to such practices.
2. The States Parties shall promote awareness of the general public, including children, by providing information by all appropriate means and education and training on preventive measures and the harmful effects of such measures. offences referred to in this Protocol. In fulfilling the obligations imposed on them by this Article, the States Parties shall encourage the participation of the community and, in particular, of children and child victims, in such information, education and training programmes, including in the international plane.
3. The States Parties shall take all possible measures to ensure appropriate assistance to the victims of these crimes, as well as their full social reintegration and full physical and psychological recovery.
4. The States Parties shall ensure that all children who are victims of the offences set out in this Protocol have access to appropriate procedures to obtain, without discrimination, the persons legally responsible, suffered.
5. The States Parties shall take the necessary measures to effectively prohibit the production and publication of material in which the offences set out in this Protocol are advertised.
1. The 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 the responsible for the sale of children, child prostitution and the use of children in pornography or sex tourism. The States Parties shall also promote international cooperation and coordination between their national and international authorities and non-governmental organisations, as well as international organisations.
2. States Parties shall promote international cooperation in the aid of child victims for the purposes 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 fundamental factors, such as poverty and underdevelopment, which contribute to the vulnerability of children to the practices of the sale of children, child prostitution and use of children in pornography or sex tourism.
4. States Parties which are in a position to do so shall provide financial, technical or other assistance through the existing programmes at multilateral, regional or bilateral level or in other programmes.
ARTICLE 11. Nothing in this Protocol shall be construed as prejudice to any provision that is more conducive to the realization of the rights of the child that is contained in:
a) The legislation of a State Party;
(b) The international law in force with respect to that State.
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 comply with the Protocol. the provisions of the Protocol.
2. After the submission of the general report, each State Party shall include in the reports it submits 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 ask the States Parties for any relevant information on the implementation of this Protocol.
1. This Protocol shall be open to the signature of any State which is a Party to the Convention or has signed it.
2. This Protocol is subject to ratification and is open to the accession of any State that is a Party to the Convention or has signed it. Instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations.
1. This Protocol shall enter into force three months after the date on which the 10th instrument of ratification or accession has been deposited.
2. In respect of States which have ratified or acceded to this Protocol after their entry into force, the Protocol shall enter into force one month after the date on which the relevant instrument of ratification has been deposited. or accession.
1. Any State Party may denounce this Protocol at any time by notifying it in writing to the Secretary-General of the United Nations, 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 denunciation shall not exempt the State Party from its obligations under this Protocol in respect of any crime committed before the date on which it takes effect. The complaint shall not in any way prevent the Committee from pursuing the examination of any matter initiated before that date.
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, asking them to notify it if they wish to have a conference of States Parties with a view to examining the proposal and putting it to the vote. If within four months of the date of such notification a third, at least, 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 submitted for approval by the General Assembly.
2. Any amendment adopted in accordance with paragraph 1. This Article shall enter into force when it has been 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 which have accepted them; the other States Parties shall remain bound by the provisions of this Protocol and any previous amendment which they have accepted.
1. This Protocol, whose texts in Arabic, Chinese, Spanish, French, English and Russian 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.
I hereby certify that the forging text is a true copy of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, adopted by the General Assembly of the United Nations on 25 May 2000, the original of which is deposited with the Secretary General of the United Nations.
For the Secretary General
The Assistant Secretary General in charge of the Office of Legal Affairs
Ralph Zacklin.
United Nations, New York, 1 June 2000.
Je certifié que le texte qui préceedé est une copie conforme du Protocole facultatif à la Convention relative aux droits de l' enfant, concernant la vente d' enfants, la prostitution des enfants et la pornographic mettant en scène des enfants, adopté par l' Assemblée générale des Nations Unies le 25 mai 2000, et dont l' original se trouvé déposé auprès du Secretaire général des Nations Unies.
Pour le Secretaire general
Le Sour Secretaire general charge du Bureau des affaires juridiques
Ralph Zacklin.
Organisation des Nations Unies, New York, le 1er juin 2000.
EXECUTIVE BRANCH OF PUBLIC POWER
Presidency of the Republic
Bogotá, D. C., May 15, 2001
Approved, subject to the consideration of the honorable National Congress for constitutional effects.
(Fdo.) ANDRES PASTRANA ARANGO
The Foreign Minister,
(Fdo.) Guillermo Fernandez de Soto.
DECRETA:
ARTICLE 1o. Approve the "Optional Protocol to the Convention on the Rights of the Child concerning the sale of children, child prostitution and the use of children in pornography", adopted in New York, the twenty-five (25) of May two thousand (2000).
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Optional Protocol to the Convention on the Rights of the Child concerning the sale of children, child prostitution and the use of children in pornography", adopted in New York, the twenty-five (25) May of two thousand (2000), as referred to in Article 1. of this law shall be adopted, shall bind the country from the date on which the international link with respect to the law is perfected.
ARTICLE 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
Carlos Garcia Orjuela.
The Secretary General (E.) of the honorable Senate of the Republic,
Luis Francisco Boada Gomez.
The President of the honorable House of Representatives,
Guillermo Gaviria Zapata.
The Secretary General of the honorable House of Representatives,
Angelino Lizcano Rivera.
COLOMBIA-NATIONAL GOVERNMENT
Communicate and comply.
Execute, upon revision of the Constitutional Court, in accordance with Article 241-10 of the Political Constitution.
Dada en Bogotá, D. C., at 31 July 2002.
ANDRES PASTRANA ARANGO
The Foreign Minister,
Guillermo Fernandez de Soto.
The Minister of Justice and Law,
Romulo Gonzalez Trujillo.
