Key Benefits:
Original text
(State on 7 January 2014)
The States Parties to this Protocol,
Whereas, in order to move forward in achieving the goals of the Convention on the Rights of the Child 2 And the application of its provisions, in particular art. 1, 11, 21 and 32 to 36, it would be appropriate to expand the measures that States Parties should take to ensure the protection of children against the sale of children, child prostitution and child pornography,
Whereas the Convention on the Rights of the Child establishes the right of the child to be protected from economic exploitation and not to be engaged in work involving risks or likely to endanger the child 's Education or harm to its health or physical, mental, spiritual, moral or social development,
Noting with grave concern that the international trafficking of children for the sale of children, child prostitution and child pornography is of considerable and increasing proportions,
Deeply concerned by the widespread and persistent practice of sex tourism to which children are particularly exposed, as it directly promotes the sale of children, child prostitution and pornography Children's scene,
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 among the victims of exploitation Sexual
Concerned about the growing supply of child pornography on the Internet and other new technological materials, and recalling that in its conclusions the International Conference on Combating Pornography Involving children on the Internet, held in Vienna in 1999,
Criminalisation throughout the world of the production, distribution, export, import, transmission, intentional possession and advertising of child pornography, and underlining the importance of Closer cooperation and partnership between public authorities and Internet professionals,
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 contributing to these phenomena, Including underdevelopment, poverty, economic disparities, inequity in socio-economic structures, family dysfunction, lack of education, rural depopulation, gender discrimination, sexual behaviour Irresponsible adults, harmful traditional practices, conflicts Armed and trafficking in children,
Believing that public awareness action is needed to reduce the demand for the sale of children, child prostitution and child pornography, and that it is important to strengthen the global partnership Between all actors and improve the enforcement of the law at national level,
Taking note of the provisions of the relevant international legal instruments on the protection of children, including the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption 3 The Hague Convention on the Civil Aspects of International Child Abduction 4 The Hague Convention on jurisdiction, applicable law, recognition, enforcement and cooperation in matters of parental responsibility and measures for the protection of children 5 , and Convention No. O 182 of the International Labour Organization on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour 6 ,
Encouraged by the overwhelming support of the Convention on the Rights of the Child, which reflects the widespread desire 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 Declaration and Programme of Action Adopted in 1996 at the World Congress against 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 bodies,
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,
Agreed to the following:
States Parties shall prohibit the sale of children, child prostitution and child pornography in accordance with the provisions of this Protocol.
For the purposes of this Protocol:
Each State Party shall ensure that, as a minimum, the following acts and activities are fully covered by its criminal law, whether these offences are committed internally or transnational, by an individual or in an organised manner:
(2) Subject to the domestic law of a State Party, the same provisions shall apply in the case of an attempt by the commission of any such act, complicity in its commission or participation in it.
(3) Each State Party shall make such offences punishable by appropriate penalties, taking into account their gravity.
4. Subject to the provisions of its domestic law, any State Party shall, where appropriate, take the necessary measures in order to establish the liability of legal persons for the offences referred to in subs. 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 international legal instruments Applicable.
(1) Each State Party shall take the necessary measures to establish its jurisdiction for the purpose of knowing the offences referred to in s. 1 of the art. 3, where such offences have been committed in its territory or on board ships or aircraft registered in that State.
(2) Any State Party may take the measures necessary to establish its jurisdiction for the purpose of knowing the offences referred to in s. 1 of the art. 3, in the following cases:
(3) Each State Party shall also take measures to establish its jurisdiction for the purpose of knowing the above offences where the alleged offender is present on 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 shall not exclude any criminal jurisdiction exercised in accordance with national laws.
1. The offences referred to in s. 1 of the art. 3 shall be fully included in any extradition treaty in force between the States Parties and shall be included in any extradition treaty to be concluded at a later date between them, in accordance with the conditions set out in the said treaties.
(2) If a State Party which makes extradition conditional on the existence of a treaty is seized of a request for extradition by another State Party with which it is not bound by an extradition treaty, it may consider this Protocol as constituting The legal basis for extradition in respect of such offences. Extradition shall be subject to the conditions laid down by the law of the requested State.
States Parties which do not make extradition conditional on the existence of a treaty shall recognize such offences as extraditable offences between themselves under the conditions laid down by the law of the requested State.
4. Between States Parties, such offences shall be considered for the purposes 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 in Under s. 4.
5. If an extradition request is made on the grounds of an offence under s. 1 of the art. 3, and if the requested State does not extradite or wish to extradite, on the grounds of the nationality of the offender, that State shall take the necessary measures to seize its competent authorities for the purpose of prosecution.
1. States Parties shall afford the widest possible assistance for any investigation, criminal procedure or extradition procedure relating to the offences referred to in s. 1 of the art. 3, including for obtaining the evidence before them and which are necessary for the purposes of the proceedings.
2. The States Parties shall fulfil their obligations under s. 1 of this section 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 themselves such assistance in accordance with their domestic law.
Subject to the provisions of their domestic law, States Parties shall:
States Parties shall adopt at all stages of the criminal procedure the measures necessary to protect the rights and interests of child victims of the practices prohibited by this Protocol, in particular:
2. States Parties shall ensure that uncertainty about the actual age of the victim does not prevent the initiation of criminal investigations, including investigations to determine that age.
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 shall be the primary consideration.
4. States Parties shall take measures to provide appropriate training, in particular in the legal and psychological fields, to persons caring for victims of the offences referred to in this Protocol.
5. Where appropriate, States Parties shall take the necessary steps 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 shall affect the right of the accused to a fair and impartial trial or is incompatible with that right.
1. States Parties shall adopt or reinforce, apply and disseminate laws, administrative measures, policies and social programmes to prevent the offences covered by this Protocol. Special attention is paid to the protection of children particularly exposed to such practices.
2. By information using all appropriate means, education and training, States Parties shall sensitize the general public, including children, to measures to prevent the practices prohibited by this Protocol and the Adverse effects of the latter. In order 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, International level.
States Parties shall take all practicable measures to ensure appropriate assistance to the victims of the offences referred to in this Protocol, including their full social reintegration, and their full recovery Physical and psychological.
States Parties shall ensure that all child victims of the offences described in this Protocol have access to procedures enabling them, without discrimination, to claim compensation for the harm suffered by persons legally Responsible.
5. States Parties shall take appropriate measures to effectively prohibit the production and dissemination of materials which advertise the practices prohibited in this Protocol.
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, pornography and paedophile tourism, as well as to investigate such acts. States Parties shall also promote international cooperation and coordination between their authorities, national and international non-governmental organizations and international organizations.
2. States Parties shall encourage international cooperation to assist the physical and psychological recovery of child victims, their social reintegration and repatriation.
States Parties are committed to strengthening international cooperation to eliminate the main factors, including poverty and underdevelopment, that make children vulnerable to the sale, prostitution, pornography and Paedophile tourism.
The States Parties which are in a position to do so shall provide financial, technical or other assistance under existing, multilateral, regional, bilateral or other programmes.
None of the provisions of this Protocol shall affect the provisions that are more conducive to the realization of the rights of the child, which may include:
Each State Party shall submit, within two years of 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 art. 44 of the Convention, all new information concerning the application of this Protocol. The other States Parties to the Protocol shall submit a report every five years.
The Committee on the Rights of the Child may ask the States Parties for further information concerning the application of this Protocol.
(1) This Protocol shall be open for signature by any State which is a Party to the Convention or has signed it.
(2) This Protocol shall be subject to ratification and shall be open for accession by any State which 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.
This Protocol shall enter into force three months after the date of the 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.
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. Denunciation shall take effect one year after the date on which the notification has been received by the Secretary-General.
(2) Denunciation does not relieve the State Party of its obligations under the Protocol in relation to any infringement that occurred before the date on which the denunciation takes effect, nor does it interfere in any way with the Further consideration of any matter before the Committee on the Rights of the Child before that date.
1. Any State Party may propose an amendment and file it with the Secretary-General of the United Nations. The Committee shall then communicate the proposed amendment to the States Parties, asking them to inform them whether they are in favour of convening a Conference of the States Parties for the consideration of the proposal and its vote. If, within four months from the date of this communication, at least one third of the States Parties favour the convening of such a conference, the Secretary-General shall convene the conference under the auspices of the Organization 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 of the United Nations for approval.
2. Any amendment adopted in accordance with the provisions of par. 1 of this article shall enter into force when it has been approved by the General Assembly and accepted by a two-thirds majority of the States Parties.
3. When an amendment enters into force, it shall be binding on the States Parties which have accepted it, the other States Parties remaining bound by the provisions of this Protocol and any previous amendments accepted by them.
This Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit a certified copy of this Protocol to all States Parties to the Convention and to all States that have signed it.
(Suivent signatures)
States Parties |
Ratification Accession (A) |
Entry into force |
||
Afghanistan |
19 September |
2002 A |
19 October |
2002 |
South Africa |
30 June |
2003 A |
July 30 |
2003 |
Albania |
5 February |
2008 A |
March 5 |
2008 |
Algeria |
27 December |
2006 A |
27 January |
2007 |
Germany * * |
July 15 |
2009 |
August 15 |
2009 |
Andorra |
April 30 |
2001 |
January 18 |
2002 |
Angola |
24 March |
2005 A |
24 April |
2005 |
Antigua and Barbuda |
April 30 |
2002 |
30 May |
2002 |
Saudi Arabia |
August 18 |
2010 A |
18 September |
2010 |
Argentina * |
September 25 |
2003 |
25 October |
2003 |
Armenia |
30 June |
2005 |
July 30 |
2005 |
Australia |
8 January |
2007 |
February 8 |
2007 |
Austria * * |
6 May |
2004 |
6 June |
2004 |
Azerbaijan |
3 July |
2002 |
August 3 |
2002 |
Bahrain |
21 September |
2004 A |
21 October |
2004 |
Bangladesh |
September 6 |
2000 |
January 18 |
2002 |
Belarus |
23 January |
2002 A |
23 February |
2002 |
Belgium * A |
March 17 |
2006 |
April 17 |
2006 |
Belize |
1 Er December |
2003 |
1 Er January |
2004 |
Benin |
31 January |
2005 |
28 February |
2005 |
Bhutan |
26 October |
2009 |
26 November |
2009 |
Bolivia |
3 June |
2003 |
3 July |
2003 |
Bosnia and Herzegovina |
4 September |
2002 |
4 October |
2002 |
Botswana |
24 September |
2003 A |
24 October |
2003 |
Brazil |
27 January |
2004 |
February 27 |
2004 |
Brunei |
21 November |
2006 A |
21 December |
2006 |
Bulgaria |
12 February |
2002 |
12 March |
2002 |
Burkina Faso |
March 31 |
2006 |
April 30 |
2006 |
Burundi |
6 November |
2007 A |
6 December |
2007 |
Cambodia |
30 May |
2002 |
30 June |
2002 |
Canada |
September 14 |
2005 |
14 October |
2005 |
Cape Verde |
10 May |
2002 A |
10 June |
2002 |
Chile |
February 6 |
2003 |
6 March |
2003 |
China B |
3 December |
2002 |
3 January |
2003 |
Macao |
3 December |
2002 |
3 January |
2003 |
Cyprus * * |
April 6 |
2006 |
6 May |
2006 |
Colombia * |
11 November |
2003 |
11 December |
2003 |
Comoros |
23 February |
2007 A |
23 March |
2007 |
Congo (Brazzaville) |
27 October |
2009 A |
27 November |
2009 |
Congo, Kinshasa |
11 November |
2001 A |
January 18 |
2002 |
Korea (South) * |
24 September |
2004 |
24 October |
2004 |
Costa Rica |
April 9 |
2002 |
9 May |
2002 |
Côte d' Ivoire |
19 September |
2011 A |
19 October |
2011 |
Croatia |
13 May |
2002 |
13 June |
2002 |
Cuba |
September 25 |
2001 |
January 18 |
2002 |
Denmark * C |
24 July |
2003 |
August 24 |
2003 |
Djibouti |
April 27 |
2011 |
27 May |
2011 |
Dominica |
September 20 |
2002 A |
20 October |
2002 |
Egypt |
July 12 |
2002 A |
August 12 |
2002 |
El Salvador * |
17 May |
2004 |
17 June |
2004 |
Ecuador |
30 January |
2004 |
29 February |
2004 |
Eritrea |
February 16 |
2005 A |
March 16 |
2005 |
Spain * * |
18 December |
2001 |
January 18 |
2002 |
Estonia |
August 3 |
2004 |
3 September |
2004 |
United States * |
December 23 |
2002 |
23 January |
2003 |
Finland |
1 Er June |
2012 |
1 Er July |
2012 |
France * * |
5 February |
2003 |
March 5 |
2003 |
Gabon |
1 Er October |
2007 |
1 Er November |
2007 |
Gambia |
April 8 |
2010 |
8 May |
2010 |
Georgia |
28 June |
2005 A |
28 July |
2005 |
Greece |
22 February |
2008 |
22 March |
2008 |
Grenada |
February 6 |
2012 A |
6 March |
2012 |
Guatemala |
9 May |
2002 |
9 June |
2002 |
Guinea |
16 November |
2011 A |
16 December |
2011 |
Guinea-Bissau |
1 Er November |
2010 |
1 Er December |
2010 |
Equatorial Guinea |
7 February |
2003 A |
7 March |
2003 |
Guyana |
July 30 |
2010 A |
August 30 |
2010 |
Honduras |
8 May |
2002 A |
8 June |
2002 |
Hungary * * |
24 February |
2010 |
24 March |
2010 |
India |
August 16 |
2005 |
16 September |
2005 |
Indonesia |
24 September |
2012 |
24 October |
2012 |
Iran |
26 September |
2007 A |
26 October |
2007 |
Iraq |
24 June |
2008 A |
24 July |
2008 |
Iceland |
July 9 |
2001 |
January 18 |
2002 |
Israel |
July 23 |
2008 |
August 23 |
2008 |
Italy |
9 May |
2002 |
9 June |
2002 |
Jamaica |
26 August |
2011 |
26 September |
2011 |
Japan |
24 January |
2005 |
24 February |
2005 |
Jordan |
4 December |
2006 |
4 January |
2007 |
Kazakhstan |
August 24 |
2001 |
January 18 |
2002 |
Kyrgyzstan |
12 February |
2003 A |
12 March |
2003 |
Kuwait * |
26 August |
2004 A |
26 September |
2004 |
Laos * |
September 20 |
2006 A |
20 October |
2006 |
Lesotho |
24 September |
2003 |
24 October |
2003 |
Latvia |
22 February |
2006 |
22 March |
2006 |
Lebanon |
8 November |
2004 |
8 December |
2004 |
Libya |
18 June |
2004 A |
18 July |
2004 |
Liechtenstein |
30 January |
2013 |
28 February |
2013 |
Lithuania |
August 5 |
2004 A |
September 5 |
2004 |
Luxembourg |
2 September |
2011 |
2 October |
2011 |
Macedonia |
17 October |
2003 |
17 November |
2003 |
Madagascar |
22 September |
2004 |
22 October |
2004 |
Malaysia * |
12 April |
2012 A |
12 May |
2012 |
Malawi |
7 October |
2009 |
7 November |
2009 |
Maldives |
10 May |
2002 |
10 June |
2002 |
Mali |
May 16 |
2002 A |
June 16 |
2002 |
Malta |
28 September |
2010 |
28 October |
2010 |
Morocco |
2 October |
2001 |
January 18 |
2002 |
Mauritius |
14 June |
2011 |
July 14 |
2011 |
Mauritania |
April 23 |
2007 A |
23 May |
2007 |
Mexico |
15 March |
2002 |
15 April |
2002 |
Micronesia |
April 23 |
2012 |
23 May |
2012 |
Moldova * |
12 April |
2007 |
12 May |
2007 |
Monaco |
24 September |
2008 |
24 October |
2008 |
Mongolia |
27 June |
2003 |
27 July |
2003 |
Montenegro |
23 October |
2006 S |
3 June |
2006 |
Mozambique |
6 March |
2003 A |
April 6 |
2003 |
Myanmar |
16 January |
2012 A |
February 16 |
2012 |
Namibia |
April 16 |
2002 |
May 16 |
2002 |
Nepal |
20 January |
2006 |
20 February |
2006 |
Nicaragua |
2 December |
2004 A |
2 January |
2005 |
Niger |
26 October |
2004 |
26 November |
2004 |
Nigeria |
27 September |
2010 |
27 October |
2010 |
Norway * * |
2 October |
2001 |
January 18 |
2002 |
New Zealand D |
September 20 |
2011 |
20 October |
2011 |
Oman * |
September 17 |
2004 A |
17 October |
2004 |
Uganda |
30 November |
2001 A |
January 18 |
2002 |
Uzbekistan |
December 23 |
2008 A |
23 January |
2009 |
Pakistan |
July 5 |
2011 |
August 5 |
2011 |
Panama |
February 9 |
2001 |
January 18 |
2002 |
Paraguay |
August 18 |
2003 |
18 September |
2003 |
Netherlands E |
August 23 |
2005 |
23 September |
2005 |
Aruba |
17 October |
2006 |
17 October |
2006 |
Caribbean (Bonaire, Sint Eustatius and Saba) |
10 October |
2010 |
10 October |
2010 |
Peru |
8 May |
2002 |
8 June |
2002 |
Philippines |
28 May |
2002 |
28 June |
2002 |
Poland |
4 February |
2005 |
March 4 |
2005 |
Portugal |
May 16 |
2003 |
June 16 |
2003 |
Qatar |
14 December |
2001 A |
January 18 |
2002 |
Central African Republic |
24 October |
2012 |
24 November |
2012 |
Dominican Republic |
6 December |
2006 A |
6 January |
2007 |
Czech Republic * * |
26 August |
2013 |
26 September |
2013 |
Romania |
18 October |
2001 |
January 18 |
2002 |
United Kingdom |
20 February |
2009 |
20 March |
2009 |
Russia |
24 September |
2013 |
24 October |
2013 |
Rwanda |
March 14 |
2002 A |
April 14 |
2002 |
Saint Lucia |
8 October |
2013 |
8 November |
2013 |
San Marino |
26 September |
2011 |
26 October |
2011 |
Holy See |
24 October |
2001 |
January 18 |
2002 |
Saint Vincent and the Grenadines |
September 15 |
2005 A |
15 October |
2005 |
Senegal |
5 November |
2003 |
5 December |
2003 |
Serbia |
10 October |
2002 |
10 November |
2002 |
Seychelles |
11 December |
2012 |
11 January |
2013 |
Sierra Leone |
September 17 |
2001 |
January 18 |
2002 |
Slovakia |
25 June |
2004 |
July 25 |
2004 |
Slovenia |
23 September |
2004 |
23 October |
2004 |
Sudan |
2 November |
2004 A |
2 December |
2004 |
Sri Lanka |
22 September |
2006 |
22 October |
2006 |
Sweden * ** |
19 January |
2007 |
19 February |
2007 |
Switzerland |
19 September |
2006 |
19 October |
2006 |
Suriname |
18 May |
2012 |
18 June |
2012 |
Swaziland |
24 September |
2012 A |
24 October |
2012 |
Syria * |
15 May |
2003 A |
15 June |
2003 |
Tajikistan |
August 5 |
2002 A |
September 5 |
2002 |
Tanzania |
24 April |
2003 A |
24 May |
2003 |
Chad |
August 28 |
2002 |
28 September |
2002 |
Thailand |
11 January |
2006 A |
February 11 |
2006 |
Timor-Leste |
April 16 |
2003 A |
May 16 |
2003 |
Togo |
July 2 |
2004 |
2 August |
2004 |
Tunisia |
13 September |
2002 |
13 October |
2002 |
Turkmenistan |
28 March |
2005 A |
28 April |
2005 |
Turkey * |
19 August |
2002 |
19 September |
2002 |
Ukraine |
3 July |
2003 |
August 3 |
2003 |
Uruguay |
3 July |
2003 |
August 3 |
2003 |
Vanuatu |
17 May |
2007 |
17 June |
2007 |
Venezuela |
8 May |
2002 |
8 June |
2002 |
Vietnam |
20 December |
2001 |
January 18 |
2002 |
Yemen |
15 December |
2004 A |
15 January |
2005 |
Zimbabwe |
February 14 |
2012 A |
March 14 |
2012 |
* ** |
Reservations and declarations. Objections. Reservations, declarations and objections are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://treaties.un.org/ or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne. |
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A |
For the Kingdom of Belgium. |
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B |
The Protocol does not apply to the Hong Kong Special Administrative Region (SAR). |
|||
C |
The Protocol does not apply to the Faroe Islands and Greenland. |
|||
D |
The Protocol does not apply to Tokelau. |
|||
E |
For the Kingdom in Europe. |
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1 Art. 1 al. 1 of the AF of 24 March 2006 ( RO 2006 5437 )
2 RS 0.107
3 RS 0.211.221.311
4 RS 0.211.230.02
5 Not published in OR.
6 RS 0.822.728.2
7 RO 2006 5450 , 2007 1325, 2008 615, 2009 57 7099, 2011 511, 2012 1487 6033, 2014 289. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).