A/HRC/12/23
page 22
118. In April 2009 in South America, national coalitions and NGOs from seven countries
(Costa Rica, El Salvador, Guatemala, Honduras, Mexico, Nicaragua and Panama) adopted a
declaration following a seminar on the development of comprehensive strategies to combat child
pornography.
119. North-South cooperation continues to be relatively modest in the area of combating child
pornography on the Internet.
120. The many activities undertaken by numerous stakeholders in various countries are
adversely affected by lack of coordination and harmonization.
121. Since there are no borders between countries for Internet users, international cooperation
would benefit from being broader, more effective and more efficient, and from harmonization of
practices and procedures.
III. CONCLUSIONS AND RECOMMENDATIONS
122. Despite the many actions undertaken and a measure of success, further progress must
be made with a view to identifying more children, protecting children better and fully
guaranteeing their rights.
123. To that end, child pornography must, first and foremost, be declared a crime and a
grave violation of children’s rights that seriously affects their dignity and physical and
psychological integrity.
124. In order to prevent and eradicate child pornography and prevent the Internet and
new technologies from being used for the production and dissemination of child
pornography and solicitation of children for sexual purposes both online and offline, the
Special Rapporteur recommends:
(a) Ratification by States that have not yet done so of the regional and international
instruments dealing with child pornography, in particular the Optional Protocol to the
Convention on the Rights of the Child on the sale of children, child prostitution and child
pornography;
(b) Adoption of clear and comprehensive domestic legislation that guarantees
respect for children’s rights and protects them from the crime of sexual exploitation on the
Internet. Such legislation should:
(i)
Define, prohibit and criminalize child pornography on the Internet, in
accordance with international human rights instruments, defining a minor
as a human being under the age of 18;
(ii)
Stipulate that a minor can never be considered to be in a position to
consent to participation in sexual exploitation, including pornographic
activities;
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