A/HRC/43/40
B.
Recommendations
114. The Special Rapporteur reiterates the recommendations issued by her
predecessor at the end of her six-year tenure (see A/HRC/25/48). She calls on States to
accelerate efforts towards achieving comprehensive, rights-based and child-centred
protection systems, support and promote a coordinated global response to eradicate
the sale and sexual exploitation of children, and strengthen the mandate of the Special
Rapporteur in order to ensure proper monitoring and follow-up to the
recommendations, including the possibility of providing the necessary technical
assistance, if requested, particularly in the framework of country visits.
115. The Special Rapporteur urges States to put in place comprehensive legal
frameworks to prevent, prohibit and protect children from all forms of offline and
online manifestations of the sale and sexual exploitation, including by:
(a)
Accelerating efforts to achieve the universal ratification of the
Convention on the Rights of the Child and the Optional Protocols thereto;
(b)
Criminalizing all forms of the sale and sexual exploitation of children as
separate crimes, distinct from trafficking, incorporating into national legislation the
full definitions of the sale of children, child prostitution and child pornography
contained in the Optional Protocol and in line with the guidelines regarding the
implementation of the Optional Protocol;
(c)
Addressing impunity as a matter of priority through the development of
child-friendly justice systems to encourage and enable children to seek justice and
reparation;
(d)
Improving the technical capacity of law enforcement agencies, child
protection professionals and the justice system to effectively detect, investigate,
prosecute and sanction the constantly evolving manifestations of these crimes;
(e)
Designing evidence-based and prevention-focused measures that take
into account root causes and underlying factors, including demand;
(f)
Implementing social protection policies and family-strengthening
programmes;
(g)
Expanding bilateral, regional and international agreements and
partnerships with countries of origin, transit and destination to prevent and combat
the sale and sexual exploitation of children;
(h)
Ensuring respect for human rights in the private sector, including
Internet service providers, the telecommunications industry, the tourism and travel
industry, the media and financial institutions;
(i)
Creating a centralized database of disaggregated and up-to-date data on
the various forms of sexual abuse and exploitation of children, with a special focus on
children in need of special protection;
(j)
Coordinating with and supporting the efforts of non-governmental
organizations that work to detect, receive and refer cases of sexual abuse and
exploitation of children;
(k)
Dedicating sufficient State funding to enabling civil society and other
service providers to maintain sustainable and high-quality services and develop
innovative solutions and approaches;
(l)
Ensuring strong institutions and mechanisms, equipped with welltrained staff, to provide care, recovery and reintegration services;
(m) Increasing awareness-raising and capacity-building campaigns,
including among communities and children in vulnerable situations, caregivers,
government officials, the relevant industries and the general public.
116. The Special Rapporteur encourages more robust and meaningful efforts by
States and the United Nations to ensure the accountability of military and
peacekeeping troops and of international humanitarian personnel in cases of child
sexual abuse and exploitation (A/72/164, para. 83 (f)). The United Nations should
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