A/HRC/31/34
efforts should be made to capitalize on their resourcefulness and to strengthen their
resilience while exploring the potential of the Internet. 1
III. International legal framework
6.
The Convention on the Rights of the Child does not specifically refer to online
protection of children’s rights. Indeed, the worldwide web only came online in 1989 (the
term “Internet” had been used for the first time only seven years earlier), the same year that
the Convention was adopted by the General Assembly.
7.
Nonetheless, the Convention on the Rights of the Child and the Optional Protocols
thereto, and the Protocol on the sale of children, child prostitution and child pornography in
particular, are fully applicable to the digital environment, and provide important guidance
for the realization of children’s rights online. In particular, the Convention calls for all
measures to be guided by the best interests of the child (art. 3), to respect and support
children’s growing autonomy and agency (art. 12) and to protect children from
discrimination and violence (arts. 2 and 19). These articles help to capitalize on the
potential of the online environment to promote children’s learning and freedom of
expression (art. 13), to support children in their access to, receiving and imparting
information (arts. 13 and 17), and to protect them from harmful materials and information
(art. 19), from unlawful interference with their privacy or correspondence, and from
situations where their honour and reputation may be at risk (art. 16).
8.
The Convention on the Rights of the Child requires children to be protected against
all forms of abuse and neglect (art. 19), including sexual exploitation and sexual abuse (art.
34), and other forms of exploitation prejudicial to the child’s welfare (art. 36). With regard
to images of child sexual abuse, the Optional Protocol on the sale of children, child
prostitution and child pornography prohibits any representation, by whatever means, of a
child engaged in real or simulated explicit sexual activities or any representation of the
sexual parts of a child for primarily sexual purposes, requiring every State to ensure that
producing, distributing, disseminating, importing, exporting, offering, selling or possessing
child pornography is fully covered under its criminal or penal law, whether such offences
are committed domestically or transnationally or on an individual or organized basis. The
Optional Protocol also requires States to criminalize possession of child pornography with
the intent to distribute, disseminate and/or sell it.
9.
Article 6 of the Optional Protocol on the sale of children, child prostitution and child
pornography calls upon States parties to afford one another the greatest measure of
assistance in connection with investigations or criminal or extradition proceedings,
including assistance in obtaining evidence at their disposal necessary for the proceedings.
Such assistance is particularly important given the global nature of the Internet and the
international dimension that characterizes much online violence, exploitation and abuse. In
addition, under article 9 of the Optional Protocol, States parties are required to adopt or
strengthen, implement and disseminate laws, administrative measures, and social policies
and programmes to prevent the offences to which it refers. Paying special attention to
especially vulnerable children is another concern expressed, as well as awareness in the
public at large, including children, through information by all appropriate means, education
and training, about the preventive measures and harmful effects of the offences referred to
1
Special Representative of the Secretary-General on Violence against Children, Releasing Children’s
Potential and Minimizing Risks: ICTs, the Internet and Violence against Children, New York, 2014,
p. 22.
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