A/HRC/31/34
encounter online. Children less experienced in Internet use should therefore be specifically
encouraged and enabled to use online reporting tools, which should be easy to use and
simple.22
3.
Blocking and filtering
44.
Blocking and filtering lists are important mechanisms used to combat child sexual
abuse and exploitation online, by preventing such content from being accessed. It does not
in and of itself constitute censorship or a violation of the right to freedom of opinion and
expression; as noted by the Special Rapporteur on freedom of opinion and expression,
however, child protection concerns have been used as a cover for inappropriate or
disproportionate blocking and filtering on issues such as sexual and reproductive health,
sexuality, politics and advocacy (A/HRC/17/27, para. 9).
45.
States should establish clear rules to prevent filtering and blocking systems from
being used to process anything other than child sexual abuse material. Blocking lists and
filtering should have a clear legal basis, sufficient transparency and effective safeguards
against misuse, including judicial oversight. All citizens, and especially children, should
have the right to know about any restrictions that are in place, and have the basis for them
explained.
4.
Training of law enforcement and those involved in the administration of justice
46.
In conjunction with a strong legislative framework, it is also important that specialist
law enforcement units be created to investigate those offences and that they work closely
with specialist agencies that are trained to work with child victims. These investigations
require highly sophisticated, cutting-edge technology, such as forensic computer analysis,
to gather the appropriate electronic evidence. Law enforcement online is particularly
challenging given that physical contact need not occur in order for a crime to be committed,
and much of the evidence involved in these cases is in a volatile electronic format that may
elude traditional policing methods.23 Only by building up a framework of dedicated officers
can those offences be properly tackled (A/HRC/28/56, para. 54).
47.
In addition to specialized forces, it is important that training on offences relating to
sexual abuse of children be institutionalized in the training for all members of the
judiciary, prosecutors and law enforcement. This is required to handle digital evidence and
to assess the weight and value of this type of evidence, as well as to understand child abuse
and exploitation cases associated with the use of new technologies.
5.
Care, recovery and reparation for victims
48.
When considering the detection, investigation and prosecution of child online sexual
exploitation, it is important that the process be victim-centred. Recovery of the child and
the avoidance of re-victimization should be given due consideration when deciding whether
and when to prosecute an offender. In the best interest of the child, that may entail allowing
the victim a period of recovery to receive the necessary support, as well as assistance in
cases where the child victims will interact with the justice system. Criminal prosecution of
a perpetrator should not adversely affect the health and recovery of the victim, and the
victim’s rights and interests should be secured and protected throughout the legal process.
22
23
Special Representative of the Secretary-General on Violence against Children, Releasing Children’s
Potential and Minimizing Risks (see footnote 1), p. 59.
UNODC, Comprehensive Study on Cybercrime, February 2013, p. xi.
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