A/HRC/4/31
page 19
a large American retail store. When a customer reports a missing child to a store employee, a
“Code Adam” is announced over the public-address system. A brief description of the child is
obtained and provided to all designated employees, who stop their normal work to search. If the
child is not found in 10 minutes, the store personnel contacts local law-enforcement officials for
assistance. LOCATER (Lost Child Alert Technology Resource) is another programme,
web-based, that helps law-enforcement agencies to rapidly distribute images and information by
creating their own posters. In addition, several educational resources have been developed, such
as “NetSmartz” for children aged 5 to 17, and training courses are also made available. Finally,
it is worth mentioning Team HOPE, whose trained volunteers offer emotional support,
compassion, and guidance to family members.
D. Government responses
73.
The first set of questions on this issue (for a list of replies received, see paragraph 24)
enquired as to the different legislative and administrative measures elaborated in the States to
prevent children abductions or disappearances. Furthermore, it asked about legislative or
administrative measures so as to alert the general population in case of a child abduction or
disappearance, who were the authorities responsible for their implementation and the targeted
population. The second part dealt with the factual context related to this issue. The
questionnaire requested information about whether the rate of finding abducted and disappeared
children had increased since the implementation of the alert measures, and if there had been any
cases in which, following the implementation of the alert measures, children had been found
alive and their abductor arrested.
74.
Among the responses received, a great number of States have elaborated a normative
framework. Germany, the Philippines, Canada, Honduras, Japan, Lithuania, Turkey, Monaco,
Slovenia, Malta, Estonia, Nicaragua, Chile, and Mexico have incorporated offences in their
respective Criminal Codes. The Penal Code (Act No. 5237 of 26 September 2004) in Turkey
stipulates that whoever deprives a person of his/her liberty by illegally taking him/her to a place
shall be sentenced to 1 or 5 years of imprisonment. And in the case of the abduction of children,
the penalty shall be doubled. The Criminal Code of Canada has also provisions criminalizing
abductions. Section 280 of the Code makes it an offence for anyone to take or cause to be taken
any unmarried person under the age of 16. Section 281 establishes an offence for anyone who is
not a parent, guardian or person having the lawful care and control of a person under 14 years of
age to abduct a child. Finally, sections 282 to 283 respond to parental child abductions in or
regardless cases of custody orders.
75.
Other States have implemented a more general law for the protection of the child or
adopted specific legislation. In Lithuania, Order No. 4 provides specific rules for the search for
disappeared children. While implementing the Hague Convention, Malta adopted the Child
Abduction Custody Act and Mauritius, the Act No. 19 of 2000. On the contrary, the provisions
pertaining to this issue in Venezuela are included in its Organic Law for the Protection of
Children and Adolescents.
76.
Regarding measures to alert the population in cases of abducted or disappeared children,
some States have also developed interesting programmes. In the Philippines, for example, when
a case of abduction comes to the attention of the police authorities, the case is handed on to the
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