Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography

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The Optional Protocols to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, supplementing the Convention on the Rights of the Child, was adopted by the United Nations General Assembly in 2000.^[1]

To date, the protocol on the sale of children, child prostitution and child pornography had 116 signatories, 131 parties.^[2] (The Optional protocol on the involvement of children in armed conflict had 124 signatories, 128 parties.)^[3]

Article 1 of the protocol asserts that states must protect the rights and interests of child victims of trafficking, child prostitution and child pornography, child labour and especially the worst forms of child labour.

The remaining articles in the protocol outline the standards for international law enforcement covering diverse issues such as jurisdictional factors, extradition, mutual assistance in investigations, criminal or extradition proceedings and seizure and confiscation of assets as well.

It also obliges nations to pass laws within their own territories against these practices "punishable by appropriate penalties that take into account their grave nature."

According to the preamble, this protocol is intended to achieve the purposes of certain articles in the Convention on the Rights of the Child, where the rights are defined with the provision that states should take "appropriate measures" to protect them.

Contents 1 Definitions 2 Signatories and reservations 2.1 Qatar 2.2 Sweden 2.3 United States 3 References

[edit] Definitions

From Article 2

Sale of children

any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration

Child prostitution

the use of a child in sexual activities for remuneration or any other form of consideration;

Child pornography

any representation, by whatever means, of a child engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes.

[edit] Signatories and reservations

[edit] Qatar

Qatar added in its signing statement that it was "...subject to a general reservation regarding any provisions in the protocol that are in conflict with the Islamic Shariah."^[2]

Objections to this reservation were registered in the signing statements by Austria, France, Germany, Norway, Spain and Sweden.

[edit] Sweden

On the floor of the United Nations General Assembly, Sweden clarified its interpretation of child pornography as applying only to visual representations, and not applying to adults acting, posing or dressing as a child.^[4]

[edit] United States

The United States is the only country (apart from Somalia) to have not ratified the main protocol.^[5]

Its signing statement makes clear that it "assumes no obligations under the Convention on the Rights of the Child by becoming a party to the Protocol."^[2] It also states that it "is not a party to The Hague Convention, but expects to become a party."

[edit] References