A/HRC/25/48 2. Adequate legislation 62. Despite the increasing number of ratifications of child rights instruments, universal ratification of the Convention on the Rights of the Child and the two Optional Protocols thereto is still to be reached. 63. Laws and regulations are critical for the functioning of child protection systems. They determine the prohibition of certain acts and express public recognition that some violations are not acceptable. Criminalization is also a precondition for offenders to be punished, and for victims to benefit from redress. In addition, laws define the mandate of various institutions involved in the protection of children from exploitation. 64. The Special Rapporteur has observed that the effectiveness of child protection legislation is often hampered by imprecise definitions, which leads to inadequate protection of children from violations of their rights. In many cases, domestic legislation is not in compliance with the relevant international instruments. The status of child victims of some forms of sexual exploitation is often not recognized. Instead, it is the child who is criminalized or punished. 65. While each country needs to adopt legislation in line with its legal tradition and system, international standards provide important guidance on the legislative measures to be adopted in addressing the sale and exploitation of children. This includes a number of provisions concerning the age of the victim, the rights of victims to assistance, redress and compensation, the prosecution of offenders, and extraterritorial jurisdiction.39 66. Across regions, laws are constantly being reviewed and amended to ensure better compliance with international standards. The Protection Project at The Johns Hopkins University and the International Centre for Missing and Exploited Children have developed a model law for child protection, building on best practices from countries across the world. It includes both model provisions, in line with international standards, and examples of existing legislation from 68 countries. One chapter is devoted to various aspects of the protection of children from sexual exploitation.40 3. Child-sensitive justice 67. Child-sensitive justice is a central element of a child protection system. Promoting justice for children requires comprehensive approaches that ensure that children are better served and protected by justice systems. It entails simultaneously considering justice for children within the broader rule of law agenda while guaranteeing specialized interventions, focusing on the interactions between the security, justice and social sectors.41 68. The United Nations has adopted guidelines on justice in matters involving child victims and witnesses of crime.42 The Special Rapporteur is concerned that in many places she has visited, significant efforts need to be made to ensure that justice systems respect the rights of children involved as victims and witnesses in criminal cases related to the sale and sexual exploitation of children. It is also important that child offenders be treated in 39 40 41 42 14 See the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The Protection Project and International Centre for Missing and Exploited Children, Child Protection Model Law – Best Practices: Protection of Children from Neglect, Abuse, Maltreatment, and Exploitation (Washington, D.C., Johns Hopkins University, 2013). United Nations Secretary-General, Guidance Note of the Secretary-General: UN Approach to Justice for Children, September 2008. Available from www.unicef.org/protection/RoL_Guidance_Note_UN_Approach_Justice_for_Children_FINAL.pdf. Economic and Social Council Resolution 2005/20.