A/HRC/9/21
page 11
38. Informing and raising awareness among all partners would help clarify and improve their
understanding of the mandate by, inter alia:
(a) Clearly explaining what kinds of violations come within the scope of the Special
Rapporteur’s mandate, so as to avoid confusion and overlap with other special procedures
mandates and obtain information specifically on the sale of children, child prostitution and child
pornography;
(b)
Improving understanding of the Special Rapporteur’s role and the mission;
(c) Reaching out to the international, regional and local organizations working with
child victims or potential victims of sale, prostitution and pornography and establishing a
cooperative relationship with them. To this end, the Special Rapporteur considers that the
partners concerned should come together at a seminar, ideally, in 2009.
39. The involvement of children themselves is an aspect the Special Rapporteur will pay
particular attention to; an interactive approach will allow her to take children’s opinions and
suggestions into account in her recommendations. The Special Rapporteur is aware that this
exercise will call for close collaboration with children’s rights organizations and institutions in a
special effort to involve children in the defence of their own rights.
40. In accordance with the guiding principles of the Convention on the Rights of the Child and
Commission on Human Rights resolution 2001/51 on the protection of human rights in the
context of human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome
(AIDS), the working methods of the Special Rapporteur will incorporate the gender perspective,
the best interests of the child and the Guidelines on HIV/AIDS and human rights.11
41. In-depth analysis of the socio-economic, cultural and environmental factors, and in
particular of the market supply and demand underpinning the sale of children, child prostitution
and child pornography, will make it possible (a) to implement appropriate and effective
prevention strategies and (b) to pick out emerging trends.
42. In view of the lack of information, highlighted by her predecessors, on: (a) child
pornography (see E/CN.4/2005/78 and Adds.1 to 4); (b) the sale of children’s organs (see
A/HRC/4/31); and (c) the sale of children for adoption (see E/CN.4/2003/79) the Special
Rapporteur proposes to report on these three themes.
43. In his last report to the Council (A/HRC/7/8), Juan Miguel Petit noted that the law in some
countries continues to criminalize child victims of sexual exploitation. The Special Rapporteur
proposes to develop an advocacy programme to urge that, child victims of sexual exploitation
should not be criminalized in domestic law and that the fact that a child consents should be
disregarded.
11
E/CN.4/1997/3.
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