A/HRC/31/58
20.
The basic principles on the right to an effective remedy for victims of trafficking in
persons6 add the supplementary angle of guarantees of non-repetition, which require that
perpetrators be effectively sanctioned and that the root causes of trafficking, such as
poverty, gender inequality and discrimination, be addressed effectively.
21.
At the regional level, several instruments call for the prevention and prohibition of
the sexual exploitation of children and thus entail the sanctioning of offenders. This is the
case of the African Charter on the Rights and Welfare of the Child (art. 27), the South
Asian Association for Regional Cooperation Convention on Preventing and Combating
Trafficking in Women and Children for Prostitution (art. 3), the Inter-American Convention
on International Traffic in Minors (art. 7) and the Council of Europe Convention on the
Protection of Children against Sexual Exploitation and Sexual Abuse (chaps. 2, 5 and 6).
Further protection is offered, as detailed below, by that Council of Europe Convention and
in the explanatory report thereto, specific guidance on sanctions is given. The Council of
Europe Convention on Action against Trafficking in Human Beings is also noteworthy as it
specifically addresses the demand factor (art. 6) by providing that States parties shall adopt
preventive measures such as research, awareness-raising and education programmes.
C.
Demand for the sexual exploitation of children
22.
In the present report, demand encompasses both the individual offenders who pay,
financially or in kind, for sexual services involving children, sexually abusing them in the
process, and the social, cultural, gender and institutional constructs that create an
environment in which the sexual exploitation of children is either ignored, tolerated or even
accepted. Those who service the demand are intrinsically linked to the sexual exploitation
of children and are thus included in the definition.
23.
The use of the term “demand” is closely related to economics terminology as the
sexual exploitation of children and the provision of such services are driven by the
objective of making a profit, be it financial, social or political. However, economics
terminology should never obscure the violation of the rights of children, and the use of
related terms such as “clients” must be rejected. The economics analogy is also relevant in
the sense that if the demand is stemmed, the offer will correlatively decrease. Addressing
the demand factor is consequently an effective way to eradicate the sexual exploitation of
children. Preventing and deterring the harm from happening in the first place is costeffective.7
24.
For the purpose of the present study, a theoretical model has been developed. It is
composed of three levels of demand, namely the immediate, intermediate and underlying
levels. The theoretical model facilitates the inclusion and classification of all those who are
involved in the sexual exploitation of children from the demand side. Common
understanding of the demand is often limited to those who directly exploit and abuse
children, with little consideration for those who aid and abet in the commission of such
crimes or contribute to the enabling environment.
1.
Immediate level
25.
The immediate level of demand for the sexual exploitation of children covers those
who directly exploit children, such as purchasers of commercial sexual acts with children or
of child sexual abuse material. They are normally individual offenders whose objective is to
6
7
6
See A/HRC/26/18, annex.
See A/68/275, para. 8.
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