A/HRC/16/55
Adolescents (the Rio Declaration). He emphasized in particular the importance of ensuring
the full participation of children themselves in all strategies and measures to prevent,
respond and monitor violence, in accordance with article 12 of the Convention on the
Rights of the Child.
29.
Ms. Villarán of the Committee on the Rights of the Child, in her presentation on
national, regional and international effective remedies, said that measures had to address
the gap between policies and practices. She mentioned that the Committee, when reviewing
the domestic laws of States, noted the lack of a single definition of sexual violence against
children. However, at international level, the jurisprudence of the European Court on
Human Rights and the Inter-American Court and Commission qualify sexual violence as
torture, while international criminal law considers sexual violence as crime against
humanity. The United Nations Study on Violence against Children also identified essential
aspects to be considered when adopting preventive and protection measures. Therefore, in
the creation of new legal instruments, she emphasized, the need to look at all existing
international frameworks.
30.
Ms. Villarán underlined that the Committee had also identified a number of
preventive and protective measures. These included: legal reforms, such as the legal
minimum age for marriage, criminal responsibility, sexual consent, as well as for accessing
health services without parental consent; public policies and national plans with clear
objectives and sufficient resources; measures to address cultural beliefs that condone
sexual violence; guaranteeing that the right of the child to be heard; putting in place
information systems with disaggregated data; prioritising prevention measures through
education and the empowerment of children; and adopting measures to avoid revictimization of the children.
31.
The representative of UNICEF, Mr. Karunan, mentioned in his presentation on the
empowerment and participation of children that sexual violence against children remained a
neglected and hidden issue and only recently had the magnitude of the problem begun to
attract the attention of policymakers and the public. He provided a few examples of childled initiatives to combat sexual violence against children in Cambodia, India and
Bangladesh. In this regard he underlined that practice standards on child participation to
combat sexual violence should include an ethical approach to participation, participation
that is relevant and voluntary, a child-friendly environment, and an effective follow-up and
evaluation system to monitor progress and assess outcomes and impact of participation. He
concluded by highlighting that children themselves were the best advocates against sexual
violence; that child-led initiatives should become an integral part of policies and protection
mechanisms to combat sexual violence against children; and that all efforts to curb and
eradicate sexual violence must have the child’s best interest at the centre, as well as
children’s agency and empowerment as central guiding principles.
32.
The Special Rapporteur on the sale of children, child prostitution and child
pornography, Najat Maalla M’jid, when speaking about the follow-up to the Rio Congress
and its Call for Action, noted that, despite considerable progress made, sexual exploitation
of children and adolescents through the Internet and new technologies, via child trafficking
and sexual tourism was still growing. Referring to the implementation of the Rio Plan of
Action, Ms. Maalla M’Jid noted that States had still not universally ratified a number of
pertinent international and regional instruments; some bodies of national law had not
defined clearly nor had they criminalized all forms of sexual exploitation of children; many
countries did not have mechanisms that children could access to report cases of sexual
exploitation; work remained to be done with regard to putting in place inter and
intrasectoral strategies to reinforce national protection services or to create new ones to
provide all victims of sexual violence and their families with economic and psychological
support and the means for social reintegration.
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