A/HRC/28/56
and the content more graphic. 18 It should be noted that many stakeholders prefer to use the
term “child abuse material” instead of “child pornography”, since the latter trivializes the
abuse suffered by children, and can be misleading as to its illegal nature, as the term
“pornography” covers largely consensual activities among adults. The Special Rapporteur
endorses using a more child rights-compliant term, such as “child abuse material”.
2.
Child prostitution
30.
Article 2 (b) of the Optional Protocol on the sale of children, child prostitution and
child pornography defines child prostitution as the use of a child in sexual activities for
remuneration or any other form of consideration. The consideration need not be financial
but could include other forms of payment, such as benefits in kind, including
accommodation or drugs. The definition covers payment given to the child and the
controlling adult. Article 3, paragraph 1 (b), of the Optional Protocol requires that States
criminalize the offering, obtaining, procuring or providing a child for child prostitution,
which covers most of the supply aspects of child prostitution.
31.
Child prostitution is facilitated by the Internet in a number of ways, including
mobile telephone applications and websites which offer children for prostitution on online
classified advertising sites. Technology has also led to changes by those who control
prostitution. Traffickers use technology to advertise their services widely and develop new
methods to recruit, manipulate and lure potential victims.19 The Internet allows for these
clandestine illegal activities to be more shrouded in secrecy, with advertisements being
restricted to niche sites to hide their activities from law enforcement. 20 As a result,
identifying the number of children who are trafficked over the Internet for prostitution is
very difficult.21
32.
The Internet presents new challenges to the international protection framework, in
particular, in relation to those who control some of the activities of a child who is
prostituted. For instance, when someone creates a website that advertises a child for
prostitution, he or she is facilitating the offering of a child. Some States have adopted
legislation to criminalize these acts,22 which is welcome. Another aspect not covered by
international instruments is the criminalization of those who knowingly seek and pay to
have sex with a child who is prostituted, the so-called demand factor. It is important that
those who seek to sexually abuse or exploit a child are the subject of criminal sanctions.
33.
As in the case of child pornography, many stakeholders consider more appropriate
the term “children who are prostituted” because it reflects more truthfully the lack of choice
of child victims and the control exercised over them by adults. In addition, child
prostitution can be misleading to the extent that prostitution of adults is lawful in certain
countries. As in the previous case, the Special Rapporteur endorses using a child rightscompliant term.
17
18
19
20
21
22
Quayle and Terry Jones, “Sexualized images of children on the Internet”, Sexual Abuse: A Journal of
Research and Treatment, No. 22 (2011), p. 14.
See Insafe-INHOPE, Annual Report 2013 (2014).
United States of America, Department of State, Trafficking in Persons Report (2013), p. 14. Available
from www.state.gov/documents/organization/210737.pdf.
See Kimberly Mitchell and Lisa Jones, “Internet-facilitated commercial exploitation of children”
(University of New Hampshire, 2013). Available from
www.unh.edu/ccrc/pdf/Final_IFCSEC_Bulletin_Nov_2013_CV262.pdf.
See Crimes against Children Research Center, “The Role of Technology in Child Sex Trafficking”.
Available from www.unh.edu/ccrc/projects/technology_in_child_sex_traffic.html.
See for example the Sexual Offences Act 2003 of the United Kingdom.
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