A/HRC/43/40/Add.1 begging, prostitution, pornography, sexual abuse, physical and psychological violence and exploitation. The establishment of a coordination mechanism to address child victims or children at risk of violence and the new Social Services Act,14 which includes significant changes to the Social Assistance Act and the Child Protection Act, are also welcome. Of concern, however, is the lack of harmonization between the Child Protection Act and other legislation, such as the Penal Procedure Code, the Persons and Family Act and the Combating Antisocial Behaviour of Minors and Adolescents Act (Juvenile Delinquency Act). Despite efforts to reform the juvenile justice system, there is a significant delay in replacing the old legislation. The Special Rapporteur was told that the delay is partially due to disagreement between some line ministries as to which one should assume responsibility for children in residential care, meaning that children in juvenile delinquency institutions are being deprived of the protection mechanisms available under the Child Protection Act. 31. The Special Rapporteur also welcomes the amendments to the Foreigners Act in 2016 and 2017, establishing a statelessness determination procedure, prohibiting the shortterm detention of unaccompanied children and introducing new alternatives to detention for irregular migrants; the decision of the National Council for Child Protection in March 2017, creating a specialized service for the guidance and accommodation of unaccompanied foreign children; and the amendment to the Support and Financial Compensation for Victims of Crime Act in 2016, guaranteeing protection for all victims of trafficking in human beings, regardless of nationality or residential status. 32. She notes with appreciation the amendments to the Penal Procedure Code (2006) and the Penal Code (2009), transposing Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, which resulted in the inclusion as offences of “creation of pornographic materials”, “fornication”, “copulation”, “sexual intercourse”, “prostitution”, “child pornography” and “grooming”. 33. The Special Rapporteur notes that these amendments, however, lack clear definitions of child prostitution and child pornography in accordance with article 2 (b) and (c) of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, which requires these crimes to be explicitly prohibited. The Special Rapporteur notes that sexual exploitation of children is criminalized in relation to the crime of trafficking, and as a separate crime in the Penal Code (arts. 155 (5) (2), 155a, 155b, 155c, 156, 157 and 158a). The Special Rapporteur notes that the abuse of a recognized position of influence or “circle of trust” for sexual abuse committed within the framework of heterosexual or homosexual sexual activity is criminalized by the Penal Code, however, she echoes the recommendation by the Committee of the Parties to the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Committee) that legislation should address all serious harm to the sexual integrity of children and ensure equal sanctions for sexual abuse committed within a heterosexual or homosexual sexual activity.15 34. Furthermore, article 159a (3) of the Penal Code criminalizes the trafficking of a pregnant woman for the purposes of selling her child, and articles 182a and 182b explicitly criminalizes the sale of children for adoption. 35. The Special Rapporteur notes the disturbing practice under the Juvenile Delinquency Act of 1958 (last amended in 2016) by which minors are placed in a young offenders’ institution, similar to a juvenile prison, for antisocial behaviour such as running away from home, truancy, vagrancy and prostitution. It provides grounds for penalization instead of child protection measures for status offences. This practice has been deemed discriminatory 14 15 8 The entry into force of this act, initially set at January 2020, was postponed for six months. Lanzarote Committee, Protection of Children against Sexual Abuse in the Circle of Trust: The Framework – 1st Implementation Report (Strasbourg, Council of Europe, 2017).