A/HRC/28/56
developing countries. Online child streaming appears to be a form of child sex tourism in
that it allows offenders to abuse children across national boundaries without the need to
travel.
43.
Few international instruments specifically tackle that form of abuse. Classifying it as
child pornography does not fully recognize the nature of the harm because offenders are not
simply viewing abusive images; they are participating in their real-time abuse and therefore
facilitating it. The Council of Europe Convention on the Protection of Children against
Sexual Exploitation and Sexual Abuse allows for the prosecution of those who aid or abet
the abuse of a child (art. 24), which constitutes a more comprehensive approach towards
tackling the online streaming of child abuse.
D.
Comprehensive strategies to prevent and combat the sale and sexual
exploitation of children facilitated through new technologies
44.
While it has been noted that there are numerous ways in which new technologies can
facilitate the commission of the crimes of sale and sexual exploitation of children and other
harms, there have been many instances of good practices in trying to combat that
exploitative behaviour. The Special Rapporteur advocates a holistic approach towards
effectively combating the sale and sexual exploitation of children facilitated through new
technologies. That involves promoting the design and implementation of comprehensive
child protection strategies which encompass adequate legislation, detection and reporting,
prosecution of offenders (including their treatment to avoid recidivism), rehabilitation and
reintegration of victims, prevention and protection programmes with the involvement and
empowerment of children, international cooperation and engagement of the business sector.
1.
Adequate legislation
45.
States need to adopt adequate national legislation to effectively combat the sale and
sexual exploitation of children which is committed or facilitated through new technologies.
States should criminalize those activities through the ratification and domestication of
relevant international instruments, in particular the Optional Protocol on the sale of
children, child prostitution and child pornography;40 the United Nations Convention against
Transnational Organized Crime and the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, supplementing it; the International
Labour Organization Convention No. 182 (1999) concerning the Prohibition and Immediate
Action for the Elimination of the Worst Forms of Child Labour; and the Convention on
Protection of Children and Cooperation in respect of Intercountry Adoption.
46.
At the regional level, some instruments, such as the Council of Europe Convention
on the Protection of Children against Sexual Exploitation and Sexual Abuse, offer
additional protection through the criminalization of activities not specifically covered by
international instruments. National laws should ensure the protection of children from new
threats and criminalize new forms facilitated by new technologies. In that context, States
should criminalize child pornography, including its visual and non-visual depiction,
possession, offering, facilitation and accessing. Unfortunately, there are still national and
regional gaps and differences in legislation which make it difficult to effectively combat,
including through transnational cooperation, the sale and sexual exploitation of children
online. Similarly, national laws should ensure that a person who either uploads or
40
12
169 States are party to the Optional Protocol, 9 are signatories only, while 19 States have taken no
action.
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