A/HRC/19/64
Sanctions and measures
1.
Violent, including sexual, offences against children should be punishable by
effective, proportionate and dissuasive sanctions and measures, taking into account the
seriousness of the offence.aa
2.
Those convicted of violent, including sexual, offences against children, as well as
those subject to criminal proceedings should be provided with access to effective
intervention programmes and measures with a view to preventing and minimising the risks
of repeated offences.bb
3.
In accordance with the principles of social integration and education and of the
prevention of reoffending, any justice system dealing with child perpetrators of violence
should be integrated with wider social initiatives aimed at ensuring a holistic approach to
and continuity of care of such children (principle of community involvement and
continuous care).cc
4.
In accordance with its basic principles, the national legal system should provide for
a possibility of not imposing penalties on child victims of violence for their involvement in
unlawful activities, to the extent that they have been compelled to do so.
Aggravating circumstances
Resorting to violence against children should be taken into consideration as an aggravating
circumstance in the determination of a sanction. Other circumstances to be taken into
account, in so far as they do not already form part of the constituent elements of the
offence, should include the abuse of a recognised position of trust, authority or influence
over the child, of a relationship based on economic or any other form of dependence, and
the involvement in a criminal organisation. dd
Jurisdiction
1.
Necessary legislative or other measures should be taken to establish jurisdiction over
violent, including sexual, offences against children who are the state‘s nationals or have
their habitual residence on the state‘s territory.
2.
Subject to international treaties‘ requirements, necessary legislative or other
measures should be taken to establish national jurisdiction over violent, including sexual,
offences against children committed abroad by the state‘s nationals and persons who have
their habitual residence on the state‘s territory. ee To ensure effective extraterritorial
legislation, prosecution of perpetrators and imposition of sanctions, the requirement of
double criminality should be abolished and mutual legal assistance facilitated.
Statute of limitation
With regard to offences identified by Article 33 of the Council of Europe Convention on
the Protection of Children against Sexual Exploitation and Sexual Abuse, the statute of
aa
bb
cc
dd
ee
82
See, for example, Article 27, Council of Europe Convention on the Protection of Children against
Sexual Exploitation and Sexual Abuse.
See, for example, op. cit., Articles 15, 16 and 17.
Refer to Recommendation CM/Rec(2008)11 of the Committee of Ministers on the European Rules
for juvenile offenders subject to sanctions or measures.
Also, refer to Article 28 of the Council of Europe Convention on the Protection of Children against
Sexual Exploitation and Sexual Abuse.
Refer, op. cit., to Article 25.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents