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RS 0.107.2 Optional Protocol of 25 May 2000 to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

Original Language Title: RS 0.107.2 Protocole facultatif du 25 mai 2000 à la Convention relative aux droits de l’enfant, concernant la vente d’enfants, la prostitution des enfants et la pornographie mettant en scène des enfants

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0.107.2

Original text

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

Conclu in New York May 25, 2000
Approved by the Federal Assembly on March 24, 2006 1
Instrument of ratification deposited by Switzerland on 19 September 2006
Entered into force for Switzerland on 19 October 2006

(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:

Art. 1

States Parties shall prohibit the sale of children, child prostitution and child pornography in accordance with the provisions of this Protocol.

Art. 2

For the purposes of this Protocol:

(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" refers to the use of a child for the purpose of sexual activity against remuneration or other forms of benefit;
(c)
"Child pornography" means any representation, by any means, of a child engaged in explicit, actual or simulated sexual activities, or any representation of the sexual organs of a child, Primarily sexual purposes.
Art. 3

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:

(a)
As part of the sale of children as defined in s. 2:
(i)
Offering, delivering, or accepting a child, regardless of the means used, for the purposes of:
A.
Sexual exploitation of the child,
B.
Transfer of organs from the child for consideration,
C.
Submitting the child to forced labour,
(ii)
The improper use, as an intermediary, of 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 the purpose of prostitution, as defined in s. 2;
(c)
Producing, distributing, distributing, importing, exporting, offering, selling or holding for the above purposes, child pornography, as defined in s. 2.

(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.

Art. 4

(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:

(a)
Where the alleged offender is a national of that State, or has his habitual residence in the territory of that State;
(b)
Where the victim is a national of that State.

(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.

Art. 5

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.

Art. 6

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.

Art. 7

Subject to the provisions of their domestic law, States Parties shall:

(a)
Take appropriate measures to enable seizure and confiscation, as appropriate:
(i)
Goods such as documents, assets and other material used in the commission of the offences referred to in this Protocol or in facilitating the commission of such offences,
(ii)
Proceeds from these offences;
(b)
Give effect to requests for the seizure or confiscation of the 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.
Art. 8

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:

(a)
Recognizing the vulnerability of child victims and adapting procedures to address their particular needs, including as witnesses;
(b)
By keeping the child victims informed of their rights, their role and the scope, timing and conduct of the proceedings, and of the decision rendered in their case;
(c)
By allowing the views, needs or concerns of child victims to be presented and examined in the course of the proceedings where their personal interests are at stake, in a manner consistent with the rules of procedure of domestic law;
(d)
Providing appropriate assistance to child victims at all stages of the judicial process;
(e)
Protecting, where appropriate, the privacy and identity of child victims and taking measures in accordance with domestic law to prevent the dissemination of any information leading to their identification;
(f)
Ensuring, where appropriate, that child victims, as well as their families and witnesses, are free from intimidation and reprisals;
(g)
Avoiding undue delay in the delivery of the judgment and the enforcement of orders or decisions granting compensation to child victims.

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.

Art.

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.

Art. 10

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.

Art. 11

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:

(a)
In the legislation of a State Party;
(b)
In the international law in force for that State.
Art. 12

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.

Art. 13

(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.

Art. 14

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.

Art. 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. 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.

Art. 16

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.

Art. 17

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)

Scope of application January 7, 2014 7

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.

A

For the Kingdom of Belgium.

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.


RO 2006 5441 ; FF 2005 2639


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).


Status January 7, 2014