A/HRC/22/54
89.
Despite these numerous cooperation actions, many challenges remain in
communicating and providing assistance in the prosecution of CST cases owing to
disparities in legislations, procedures and working methods and, in some cases, a lack of
willingness to share information and provide legal support.
IV. Conclusions and recommendations
A.
Conclusions
90.
While many efforts have been made at global and national levels to set
standards and develop policies and laws in view of preventing and combating child
sexual exploitation in travel and tourism, challenges still remain due to: the lack of
available data; the legal gaps persisting in many countries and legal disparities
between countries; insufficient awareness-raising and training; the weakness of childsensitive complaint mechanism, care and protection services owing partly to scarce
resources and duly trained staff; the weak consideration of children’s inputs and
participation; the insufficiency of transnational cooperation facilitating the sharing of
information and technical expertise; the lack of prosecution of offenders and of
extraterritorial jurisdiction; and the lack of cooperation from some business operators.
B.
Recommendations
91.
In order to ensure an effective protection of all the children from sexual
exploitation in travel and tourism the Special Rapporteur recommends the following
actions.
92.
States should demonstrate a strong political commitment in preventing and
combating child sex tourism, taking into account that such policies would not be
detrimental to the tourism industry, while ensuring the fulfilment of their legal
obligations
93.
All States should ratify the relevant international legal instruments and
efficiently implement domestic legislation to protect children against sex tourism and
commercial sexual exploitation.
94.
Comprehensive legal frameworks should be established or strengthened to
address all forms of children sexual exploitation, including in travel and tourism,
encompassing prevention, protection of victims and prosecution of offenders:
(a)
National legislation must be harmonized with the ratified instruments
and therefore comply with international legal standards. In this process, a
standardized legislative framework should be developed to be adopted by all
countries, containing common definitions (age of the child, offences and guaranteeing
the best interest of the child);
(b)
Extraterritorial laws must prohibit all forms of child sex tourism and be
enforced with sentences reflecting the heinous nature of the crime;
(c)
Legislation should include the abolition of double criminality, the clear
naming of the specific offences and the protection of children up to the age of 18;
(d)
impunity.
20
Effective mechanisms should be established to fight corruption and
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