A/HRC/28/56 time. As the abuse may not be detected until the offender has returned to his country of origin, it is essential that countries have the capability to prosecute them. However, the Internet poses new challenges to territoriality. An offender can be in one country watching the live streaming of a child who is being abused in another country. National laws should prohibit those who watch the abuse of children wherever in the world it occurs. 57. In addition, to ensure the prosecution of offenders, should there be statute of limitations in respect of those offences, they should be adjusted to the particular nature of the crime, since it can take many years before victims are willing or able to disclose the abuse.47 Similarly, part of any appropriate criminalization policy must be the imposition of appropriate penalties. While the Optional Protocol on the sale of children, child prostitution and child pornography does not mandate minimum penalties, other instruments have done so.48 Lastly, there must be political will and a proactive strategy to prosecute those offences, since few countries with adequate legislation report effective prosecutions.49 4. Reparation and rehabilitation of victims 58. Article 8 of the Optional Protocol on the sale of children, child prostitution and child pornography requires the rights and interests of child victims to be secured throughout the legal process. The criminal prosecution of a perpetrator should not adversely affect the health and recovery of the child victim. The Optional Protocol requires special measures to be adopted to assist child victims in testifying and to protect their privacy. Article 14 of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse provides additional procedural rights to victims, such as short and longterm physical and psychosocial recovery. Recovery and non-re-victimization of the child should be given due consideration when deciding whether and when to prosecute an offender. In the best interest of the child, that may entail allowing the victim a period of recovery to receive the necessary support, as well as assistance in cases where the child victims will interact with the justice system, which assistance should be child-sensitive and respect the rights of children. 59. While the majority of international law is focused on criminalization of the activities and the punishment of offenders, there should also be recognition of the need to provide redress to child victims and to compensate them for the harm suffered. Compensation and restitution measures can ensure that child victims have the means to seek rehabilitation, recovery and reintegration. The ability to bring a civil action should be provided regardless of the economic status of the victim, including through the provision of legal aid or through the establishment of a State-operated compensation system. For instance, certain pieces of legislation recognize that those who download child pornography are contributing to the harm suffered by the victim and are thus liable for reparation to him or her.50 5. Prevention and protection programmes 60. Adequate legislation, detection and reporting, and effective investigations and prosecution can only be a partial solution without prevention and protection programmes 47 48 49 50 See art. 33 of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. See ibid., art. 27. UNODC, Global Report, p. 54. In the United States, the requirement that those who download child pornography should be obliged to compensate the child has been ruled constitutional provided that the proximity of damage can be shown (see 1977 Mandatory Restitution,18 USC § 2259). 15