A/HRC/31/58
impunity. Concurrently, significant gaps remain in the implementation of the legal
standards and the sharing of information leading to an inadequate law enforcement
response.
79.
A definitive understanding of offenders still needs to be achieved. The existing
profiles, such as the distinction between preferential and situational offenders,
remains open to debate. There is also scarce and conflicting information about online
offenders and female offenders. Further research is consequently necessary with clear
parameters to ensure comprehensive and evidence-based results. The inconclusive
results of rehabilitation programmes are also linked to the incomplete knowledge
about the different types of offenders. The effectiveness of the programmes will thus
be improved once those gaps have been filled.
80.
In 2016, it will be 20 years since the first World Congress against Commercial
Sexual Exploitation of Children was held in Stockholm. Substantial commitments
were made by several stakeholders in the declarations at the end of that Congress and
the following two, which were held in Yokohama, Japan, in 2001 and in Rio de
Janeiro, Brazil, in 2008. The Special Rapporteur hopes that the anniversary will be an
opportunity to look back at the progress that has been achieved and focus specifically
on the pledges that were made in respect to demand in the Rio de Janeiro Declaration
and Call for Action to Prevent and Stop Sexual Exploitation of Children and
Adolescents.
B.
Recommendations
81.
In order to eradicate the sexual exploitation of children, it is critical for States
and all stakeholders to focus on the demand factor and establish comprehensive
strategies to reduce it effectively. The Special Rapporteur recommends the adoption
of the following measures.
1.
At the national level
82.
The Special Rapporteur invites all States to:
(a)
Ratify all relevant regional and international instruments, in particular
the Optional Protocol to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography, and establish clear and
comprehensive legal frameworks by adopting or reforming laws to explicitly prohibit
and criminalize all forms of sale and sexual exploitation;
(b)
Ensure that legal frameworks specifically address the demand for child
sexual exploitation by providing clear guidance on penalties that are commensurate
with the gravity of the offence;
(c)
Ensure that criminal proceedings against offenders can always be
initiated ex officio;
(d)
Pay particular attention to the prosecution and conviction of all
intermediaries, such as procurers, traffickers and facilitators in the tourism and
entertainment industries, as well as financial and technology sector staff, at every level
of the supply chain in order to effectively stem the sexual exploitation of children;
(e)
Ensure that all the proceeds and assets derived from the sexual
exploitation of children are effectively seized and confiscated in order to fund care,
recovery and reintegration programmes, which should include compensatory
measures for the victims;
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