A/HRC/31/34 A. Prohibition, criminalization, prosecution and the victim’s right to effective assistance and redress 1. National legislation 38. Many States do not have an adequate legislative framework to facilitate effective investigations into and prosecution of online sexual exploitation and abuse of children. In 2012, only 69 of 196 States had legislation considered sufficient to combat child pornography offences, while 53 States still had no legislation that specifically addressed child pornography. Of the 74 States that had some legislation specifically addressing child pornography, 47 did not criminalize the knowing possession of child pornography, regardless of intent to distribute. 21 Equally, criminal procedure and evidence laws do not reflect the unique challenges of investigating and prosecuting offences related to online sexual exploitation and abuse of children. 39. National legislation is indispensable if children’s access to ICT and the enjoyment of digital literacy without discrimination of any kind are to be assured. The law should ban all forms of violence in all settings, including cyberspace; secure children’s protection; provide for effective remedies, recovery and reintegration to address online harm, abuse or exploitation; and establish child-sensitive counselling, reporting and complaint mechanisms and procedures, as well as mechanisms to fight impunity. 40. Although legislation must be flexible in order to avoid constant updating, it must convey a clear message of prohibition of all manifestations of violence. It should address loopholes associated with emerging concerns, including new forms of online abuse, and develop procedures in criminal proceedings to facilitate investigation and prosecution. In addition, legislation should apply extraterritoriality, and prohibit abuse of children wherever in may occur. 2. Detection and reporting 41. Given the global nature of child online sexual abuse, it is important that States strengthen cooperation through multilateral, regional and bilateral arrangements. Mutual legal assistance and transnational cooperation for effective detection and reporting systems, information-sharing and other security systems are crucial. Under the Optional Protocol on the sale of children, child prostitution and child pornography, States are required to cooperate in the investigation, extradition or criminal proceedings brought in respect of the abuse or exploitation of children. Extraterritorial jurisdiction for those crimes could have a deterrent effect, but requires effective international cooperation. 42. International cooperation should be complemented by partnerships with other stakeholders, particularly the private sector, to develop the technological tools necessary to enable identification, investigation and prosecution before the courts, as well as the active involvement and participation of children as advocates of child protection. Governments should establish accessible, safe and child-friendly reporting systems and institutions, which should be supported by effective and well-resourced services, and respectful of children’s rights. 43. Research suggests that reporting tools offer a particular benefit to girls, vulnerable children and children from poorer homes, and that the more widely and deeply children use the Internet, the more likely they are to use reporting tools if upset by something they 21 10 See International Centre for Missing & Exploited Children, Child Pornography: Model Legislation & Global Review, 7th ed. (Alexandria, Virginia, 2013), p. iv.