A/HRC/31/58
the British “Stop it Now!” prevention campaign, which has launched several videos to deter
potential offenders.47
55.
Only the delivery of comprehensive human rights education by adequately trained
professionals to society at large can lead to the eradication of the root causes of the demand
for child sexual exploitation, such as the disregard and commodification of children. The
core principles of the Convention on the Rights of the Child must be continuously
promoted and engrained across the world, namely non-discrimination (art. 2), the best
interests of the child (art. 3), the right to life, survival and development (art. 6) and respect
for the views of the child (art. 12).
2.
Accountability of offenders
(a)
Sanctions
56.
The cornerstone of any effective policy to reduce the demand factor is
accountability, which gives the assurance that the crimes will be fully investigated,
prosecuted and sanctioned. Accountability, in particular with a comprehensive and
commensurate set of criminal penalties, is also a fundamental deterrent. As outlined above
in the section on the legal framework, international and regional instruments set clear
standards for the criminalization of the sexual exploitation of children. The Optional
Protocol to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography states in article 3 (3) that the offences in question must
be punishable by appropriate penalties that take into account their grave nature. The United
Nations Model Strategies and Practical Measures on the Elimination of Violence against
Children in the Field of Crime Prevention and Criminal Justice confirm the same notion of
appropriate penalties taking into account the grave nature of the offences. They add the
notion of aggravating circumstances as well as criminal responsibility even when under the
influence of substances. The Model Strategies also urge Member States to ensure that
safety risks, including the vulnerability of victims, are taken into account in decisions
concerning non-custodial sentences, bail, conditional release, parole or probation,
especially when dealing with repeat and dangerous offenders. 48
57.
The Council of Europe Convention on the Protection of Children against Sexual
Exploitation and Sexual Abuse is particularly specific and states that such offences should
be “punishable by effective, proportionate and dissuasive sanctions, taking into account
their seriousness” (art. 27 (1)). The accompanying explanatory report sheds further light on
the type of penalties as it links prison sentences, which must be provided by parties, to the
possibility of extradition, which is only granted in cases of offences punishable by
deprivation of liberty or under a detention order of at least one year. 49 Furthermore, the
Convention requires parties to allow the perpetrator to be banned, temporarily or
permanently, from carrying on the activity involving contact with children, whether
professional or voluntary, in the course of which the offence was committed. In relation to
perptrators, the Convention also provides for the possibility for parties to withdraw parental
rights or to monitor or supervise convicted persons.50
58.
The Convention is also important in respect to intermediaries. Indeed, it specifically
lists measures such as the seizure and confiscation of proceeds derived from the relevant
47
48
49
50
14
See www.stopitnow.org.uk/.
See General Assembly resolution 69/194, annex, para. 27 (e).
See the explanatory report to the Council of Europe Convention on the Protection of Children against
Sexual Exploitation and Sexual Abuse – Council of Europe Treaty Series- No. 201, para. 182.
Ibid, paras. 187, 191 and 192.
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