CRC/C/OPSC/URY/CO/1
Adopted by the Committee: 12- 30 January 2015
Published by the Committee: 4 February 2015
Issues raised:
Ratification and national strategies:
The Committee welcomes the ratification of the Protocol to Prevent, Supress and Punish Trafficking Persons, especially Women and Children (2005); the Act on Commercial and non-commercial sexual violence against children, adolescents and persons with disabilities adopted of 8 August 2004; the adoption of the National Plan for the Elimination of children’s sexual exploitation approved in 2007; and the National Committee for the Eradication of Sexual Exploitation of Children in 2004 (para.4,5).
Sexual exploitation:
The Committee is concerned about the lack of a comprehensive strategy for the prevention of sale of children, child prostitution and child pornography that addresses the underlying root causes of the offences under the Optional Protocol, such as poverty, cultural stereotypes and social acceptance of children’s sexual exploitation (para.19).
The Committee is deeply concerned about the prevalence of child prostitution and the high number of downloads of child pornography in the State party. The Committee is seriously concerned about the persistence of sociocultural stereotypes that generate tolerance in society for the sexual exploitation of children, child prostitution and child pornography (para.21).
The Committee is concerned that child sex tourism has not explicitly been incorporated as a criminal offence into the criminal legislation. The Committee is also concerned that the measures adopted by the State party do not effectively prevent the intermediaries from offering sexual tourism services involving children and adolescents (para.23).
Criminal justice system:
The Committee is concerned that the criminal legislation does not contain all the definitions of criminal offences as provided by article 2 of the Optional Protocol. The Committee also notes with concern that sale of children is not clearly defined in the State party’s legislation and the transfer of organ of the child for profit and the engagement of the child in forced labour have not been criminalized as cases of sale of children. The Committee also notes with concern that all activities related to child pornography have not been included in the criminal legislation as specified in article 3 paragraph 1 (c) of the Optional Protocol (para.25).
The Committee is concerned at the lack of information on investigations and prosecutions of offences under the Optional Protocol and about the general impunity prevailing in the State party. The Committee is also concerned that cultural attitudes as well as the large discretional powers among law-enforcement officials may be one of the major obstacles preventing effective investigations and prosecution (para.29).
The Committee is concerned at the absence of legislation concerning protection and assistance for child victims and witnesses in criminal proceedings before, during and after trial. The Committee also regrets the lack of judicial procedures to avoid re-victimization of child victims and the lack of compensation mechanisms for child victims (para.35).
The Committee is concerned about the absence of adequate assistance programmes for the physical and psychosocial recovery and social reintegration of child victims under the Optional Protocol, as well as the poor infrastructure, insufficient human resources and coverage limitations for such programmes (para.37).
