A/HRC/12/23
page 8
26. In addition, States parties may undertake any action or adopt any measure necessary to
ensure full protection of children. The Committee on the Rights of the Child likewise encourages
them to prohibit mere possession of child pornography.
27. Under article 3 (b) of International Labour Organization (ILO) Convention No. 182 (1999)
concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of
Child Labour, the use, procuring or offering of a child for prostitution, for the production of
pornography or for pornographic performances is included among the worst forms of child
labour.
28. The Council of Europe Convention on Cybercrime (CETS No. 185), which entered into
force in 2004 and is open for signature by member States and by non-member States which
participated in its elaboration, and for accession by other non-member States, deals with crimes
committed and information transmitted via computer networks. Article 9, paragraph 2 (a), of the
Convention states that child pornography shall include pornographic material that visually
depicts a minor engaged in sexually explicit conduct. The same article defines the term “minor”
as including all persons under 18 years of age (para. 3).
29. The term “sexually explicit conduct” covers not only images depicting children engaged in
sexual activities with other children or with adults, or hard-core pornography, but also lewdly
depicting naked children with an emphasis on sexualizing the child (soft-core pornography).
30. Pursuant to the Convention on Cybercrime, material that visually depicts “a person
appearing to be a minor engaged in sexually explicit conduct” (art. 9, para. 2 (b)) is likewise
considered to be child pornography and, therefore, to be illegal.
31. Finally, the Convention on Cybercrime considers “realistic images” representing a minor
engaged in sexually explicit conduct (art. 9, para. 2 (c)) as also falling within the category of
child pornography. The term realistic images means photographs prepared and manipulated
using computer-based techniques with a view to replacing images of adults with images of
children, a process known as “morphing”. Even if such images are artificially created they
appear real and therefore have the same effect on the person viewing them.
32. The Council of Europe Convention on the Protection of Children against Sexual
Exploitation and Sexual Abuse (CETS No. 201), adopted in 2007 at the 28th Conference of
European Ministers of Justice, held in Lanzarote, Spain, but not yet in force, defines “child
pornography” as any material that visually depicts a child engaged in real or simulated sexually
explicit conduct or any depiction of a child’s sexual organs for primarily sexual purposes. The
Convention also contains a provision prohibiting the solicitation of children for sexual purposes
(also known as “grooming” using information technologies).
C. Scope and forms
33. The significant resources allocated by certain States (often the most industrialized) in
collaboration with NGOs and ISPs and, above all, international partners have provided data on
child pornography on the Internet which, while not reflecting the full scale of the phenomenon,
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents