A/HRC/43/40
best interests of the child are a primary consideration. States must also develop and monitor
minimum standards for organizations providing care.
102. In parallel to such individualized plans, it is of the upmost importance to involve the
family, when possible, and the community at large in the recovery and rehabilitation of
child victims. A clear understanding of children’s suffering is essential to prevent any
discrimination by relatives and the community.
103. Lastly, further efforts should be made to establish comprehensive, rights-based and
child-centred care, recovery and reintegration programmes, with a gender perspective, in a
full range of laws, policies and services.
2.
Investigation and prosecution
104. Successful investigation and prosecution are indispensable in curbing the culture of
silence surrounding child sexual abuse and commercial sexual exploitation and tackling
impunity. In addition to the existing gaps in various legal frameworks, weak enforcement or
the absence of child-friendly investigation and reporting mechanisms often lead to
underreporting of violations. This often results in secondary victimization and discourages
child victims to come forward. In many instances, complaints lodged with the police are not
duly acted upon, the gathering of compelling evidence is delayed, and investigation and
prosecution is stalled, resulting in victims or witnesses withdrawing their complaints. Many
cases are dismissed on the grounds that statements by child victims are allegedly
inconsistent.
105. Furthermore, law enforcement officers, medical professionals, social workers, the
legal profession and other relevant State officials often have limited capacity to address
these cases in line with the existing laws and standards due to inadequate training and lack
of resources. The front-line social protection actors responsible for the day-to-day
identification and reporting of cases often do not have access to adequate support and
counselling services and suffer long-term consequences, including post-traumatic stress and
burnout.
3.
Education and awareness-raising
106. Limited knowledge about the various manifestations of sale and sexual exploitation
among government officials, community leaders, children and their families, and society in
general remains a serious challenge in addressing the demand factor, improving reporting
of cases and preventing abuse.
107. Children should receive concrete information on how to report these crimes and
where to receive assistance. They must be equipped with the necessary tools and
knowledge, including comprehensive, age-appropriate sexual and reproductive health
education, including on the effects of early marriage and other online and offline
malpractices. Without proper education programmes and guidance, children may fail to
understand consent and the nature of sexual exploitation and abuse.
4.
Child participation
108. Child victims have the right to be heard, including in all administrative and judicial
procedures concerning their life and well-being. However, child participation is generally
deficient at the national level, and the exercise of this right remains at the discretion of the
State officials and is often neglected due to patriarchal social norms and age-related
stereotypes. There is also a lack of general understanding of the concept of participation
and of children’s evolving capacities, and limited guidance on how to ensure the
meaningful participation of children in decision-making on all issues affecting them. In
terms of good practice, inspiration can be sought from the involvement of children in the
monitoring of the Council of Europe Convention on the Protection of Children against
Sexual Exploitation and Sexual Abuse (Lanzarote Convention).70
70
Secretariat of the Lanzarote Committee, “Guidelines for implementation of child participation”.
Available at https://rm.coe.int/guidelines-for-implementation-of-child-participation-in-the-2ndmonito/16808a3956.
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