A/HRC/12/23
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6. Victims’ right to privacy
67. In Finland the police may block child pornography sites in order to prevent the circulation
on the Internet of images of children being sexually exploited. In South Africa ISPs are required
by law to take steps to block the dissemination of such images.
68. In the United States, in child pornography prosecutions, the law provides that the
Government or the court shall have responsibility for and custody and control of any object or
material relating to child pornography; the courts must deny all requests from the defence to
copy, photocopy or reproduce, by any means, child pornography material.
7. Reparation for victims
69. Article 8 of the Optional Protocol to the Convention on the Rights of the Child on the sale
of children, child prostitution and child pornography requires States parties to adopt appropriate
measures to protect the rights and interests of child victims of the practices prohibited under the
present Protocol at all stages of the criminal justice process. They must also take all feasible
measures with the aim of ensuring all appropriate assistance to victims of such offences,
including their full social reintegration and their full physical and psychological recovery (art. 9,
para. 3). Moreover, States parties must ensure that all child victims of the offences described in
the present Protocol have access to adequate procedures to seek, without discrimination,
compensation for damages from those legally responsible (art. 9, para. 4).
70. Switzerland has amended its victim assistance law by extending from two to five years the
time limit for filing compensation or moral reparation claims. The children may by law file at
any time for the medical, psychological, social, material and legal assistance they require
following the offence. In Finland the State has secondary responsibility by law for providing
compensation for damages and injury suffered if the guilty party defaults on payments. The same
is true in Liechtenstein.
71. Lastly, certain States still do not have legislation for providing for compensation measures
for child victims of Internet pornography or for follow-up and care.
E. Existing measures
72. The vast majority of States have established national action plans for the protection of
children from all forms of sexual violence and exploitation, and strategies to combat organized
crime, in particular cybercrime. In addition, mechanisms for preventing and combating child
pornography have been implemented by individual States and at the regional and international
levels.
73. Does that mean that all child victims are identified, that their rights are fully respected and
that they receive compensation and appropriate care until they have fully recovered? Does that
mean that children who use all the new technologies are fully aware of and protected against the
risks associated with exposure to pornographic material and sexual solicitation?
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