Distr. GENERAL A/52/482 16 October 1997 Original:
ENGLISH
GENERAL ASSEMBLY Fifty-second session Agenda item 108
PROMOTION AND PROTECTION OF THE RIGHTS OF CHILDREN
Sale of children, child prostitution and child
pornography
Note by the Secretary-General
The Secretary-General has the honour to transmit to the members of the
General Assembly, in accordance with Assembly resolution 51/77 of
12 December 1996, the interim report prepared by Ms. Ofelia
Calcetas-Santos, Special Rapporteur on the sale of children, child prostitution
and child pornography.
ANNEX
Report on the sale of children, child prostitution and child
pornography prepared by the Special Rapporteur of the Commission on Human
Rights in accordance with General Assembly resolution 51/77
1. This report is submitted in accordance with General Assembly resolution
51/77 of 12 December 1996, in which the Assembly requested the Secretary-General
to provide the Special Rapporteur on the sale of children, child prostitution
and child pornography with all necessary assistance to make the full discharge
of her mandate possible and to enable her to submit an interim report to the
General Assembly at its fifty-second session and a report to the Commission on
Human Rights at its fifty-third session.
2. The Commission on Human Rights, at its fifty-third session, in its
resolution 1997/78 of 18 April 1997, welcomed the report of the Special
Rapporteur (E/CN.4/1997/95 and Add.1 to 2), requested the Secretary-General to
provide the Special Rapporteur with all necessary assistance and urged all
relevant parts of the United Nations system to provide the Special Rapporteur
with comprehensive reporting to make the full discharge of her mandate possible.
The Commission also invited the Special Rapporteur to continue to cooperate
closely with other relevant United Nations organs and bodies and to convey her
findings to the Commission. [Back
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II. WORKING METHODS AND ACTIVITIES
A. Working methods
3. As indicated in her earlier reports, through her analysis of the problem
of commercial sexual exploitation of children which has formed the focus of her
mandate, the Special Rapporteur has identified three catalysts which play a
fundamental role both in the perpetuation and in the prevention of commercial
sexual exploitation of children, namely, the criminal justice system, education
and the media. The role of the justice system in this regard has already been
considered in the Special Rapporteur's previous reports to the General Assembly
(A/51/456) and the Commission on Human Rights (E/CN.4/1997/95).
4. The focus of the present report is, therefore, the role of the media and
education in preventing and, regrettably, in contributing to the commercial
sexual exploitation of children. Awareness of the importance of the media in
this respect has increased greatly since the World Congress against Commercial
Sexual Exploitation of Children was held at Stockholm from 27 to 31 August 1996,
and some national and international initiatives have been developed in the
intervening period.
5. In order to obtain a more comparative overview of developments relating to
the media and education as catalysts in the field of commercial sexual
exploitation of children, the Special Rapporteur, in June 1997, sent a circular
to all Governments, relevant United Nations bodies and agencies and
intergovernmental and non-governmental organizations, soliciting information to
be used in her reports to the General Assembly and the Commission on Human
Rights on the following:
(a) Television programmes or publicity preventing or inciting sexual
exploitation of children; national directives concerning specific target
audiences, broadcasting hours and parental guidance;
(b) Advertising or publicity campaigns against sex tourism and commercial
sexual exploitation of children, such as airport publicity, leaflets, posters
and promotional articles;
(c) Coverage given by the media (newspapers, television and radio) to court
cases involving commercial sexual exploitation of children, for example, child
pornography and the Internet; public debates on sanctions against sex offenders;
(d) School curricula: development of sex education programmes, including
awareness-raising about the dangers of sexual exploitation and information on
available support services; adult education programmes;
(e) Educational or training programmes targeted at professionals working in
strategic areas, including immigration personnel, law enforcement officials,
medical professionals and social workers;
(f) Rehabilitation and educational programmes, facilities or support services
for both child victims of commercial sexual exploitation and sex offenders.
6. By September 1997, replies had been received from the Governments of
Brazil, Germany and Singapore.
7. The Special Rapporteur also received information from the following United
Nations organizations, programmes and bodies: Economic Commission for Africa,
Economic and Social Commission for Western Asia, United Nations Children's Fund
(UNICEF), Joint United Nations Programme on HIV/AIDS (UNAIDS), Office of the
United Nations High Commissioner for Refugees (UNHCR), United Nations Research
Institute for Social Development (UNRISD), International Labour Organization
(ILO), United Nations Educational, Scientific and Cultural Organization
(UNESCO). The following non-governmental organizations also provided the Special
Rapporteur with replies to her questionnaire: All-China Women's Federation;
All-Pakistan Women's Association; World Association of Children's Friends
(Amade) (Monaco); CEMINA (Brazil); CHOW (Belgium); Latin American Committee for
the Defence of Women's Rights (CLADEM) (Argentina); CLADEM (Peru); Centro de
Estudios y Promoción del Desarrollo (DESCO) (Peru); End Child Prostitution in
Asian Tourism (ECPAT) (United Kingdom); European Institute for Crime Prevention
and Control (HEUNI) (Finland); International Catholic Child Bureau (ICCB)
(Switzerland); NCWC (Canada); Women's International Zionist Organization (WIZO)
(Israel).
8. The Special Rapporteur would like to express her appreciation to those
Governments, United Nations bodies and agencies and non-governmental
organizations that have already provided some very useful and comprehensive
information to her. At the same time, the Special Rapporteur urges all those
States and intergovernmental organizations that have not replied to her
questionnaire to provide her with relevant information, in particular regarding
national initiatives in the field of the media and education to combat
commercial sexual exploitation of children, which might be used in her
forthcoming report to the Commission on Human Rights. The Special Rapporteur
would also like to emphasize that most of the information and materials sent to
her up to the time of writing the present report will be discussed in detail in
her report to the Commission. Some of the input has been taken into account in
the present report, but the Special Rapporteur hopes in particular to receive
more substantive information on education so as to be able to present a balanced
report.
9. With a view to finding a durable solution to the problem of the sale and
commercial sexual exploitation of children, the Special Rapporteur has
established procedures to seek from Governments, in a humanitarian spirit,
clarifications and information on specific cases of alleged violations of the
rights of children within the framework of her mandate. The Special Rapporteur
would like to emphasize that the primary objective of such communications is to
enter into a constructive dialogue with Governments in order to investigate
specific cases in any country and to identify appropriate measures to remedy the
situation. The Special Rapporteur, therefore, calls on all Governments to
cooperate fully with her in her endeavours.
10. Finally, the Special Rapporteur would like to emphasize that the sources
of information and data used in this report to illustrate cases of commercial
sexual exploitation of children worldwide are to a large extent secondary and
cannot always be validated. In view of the administrative and financial
constraints of the mandate and position of the Special Rapporteur, it is
virtually impossible to carry out first-hand scientific research and data
gathering. The Special Rapporteur therefore relies on the information submitted
to her by Governments, United Nations bodies and agencies and non-governmental
organizations. The cases used to illustrate the situation of commercial sexual
exploitation in different countries are not intended to be exhaustive but rather
indicative, especially bearing in mind that hardly any country in the world can
claim to be free of the phenomenon. [Back
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B. Activities
11. Since the fifty-first session of the General Assembly, the Special
Rapporteur has carried out two field missions. In December 1996, she visited the
United States of America (Washington, New York, Phoenix, Tucson and San
Francisco) to study the issue of commercial sexual exploitation of children,
with a particular focus on child pornography and the Internet (for the report,
see E/CN.4/1997/95/Add.2). From 25 August to 2 September 1997, the Special
Rapporteur carried out a mission to Kenya (Nairobi, Mombasa and Malindi). The
report on that mission will be submitted to the Commission on Human Rights at
its fifty-fourth session.
12. In October 1997, the Special Rapporteur is invited to address the seventh
meeting of First Ladies of the Americas on the topic of commercial sexual
exploitation of children. In addition, she will carry out a field visit to
Mexico in November 1997, at the invitation of the Government. The mission report
will be submitted to the Commission on Human Rights.
13. During the past year, the Special Rapporteur has developed close working
relations with the International Programme on the Elimination of Child Labour of
ILO, as well as with UNICEF and UNHCR. Such cooperation provides the Special
Rapporteur with essential information and assistance, in particular during her
fact-finding missions to the field, in the fulfilment of her mandate.
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III. INTERNATIONAL DEVELOPMENTS RELATING TO THE SALE OF
CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY
14. Children are perhaps the most vulnerable and defenceless victims of human
rights violations all over the world. Commercial sexual exploitation of
children, in association with crime and drug abuse, persists in both developed
and developing countries.
15. This section illustrates certain developments in the field of commercial
sexual exploitation of children in all regions of the world which have come to
the attention of the Special Rapporteur. The States mentioned are referred to as
examples and the Special Rapporteur would like to emphasize that the list is not
intended to be interpreted as exhaustive by any means. [Back
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A. Africa
16. In Africa, the Special Rapporteur has noted that some Governments have
shown a genuine interest in improving living conditions for children. Good
examples are programmes for better primary health care, vaccination campaigns,
and efforts to demobilize child soldiers in armed forces. Educational campaigns
have also been launched to increase the number of children finishing their
primary education.
17. A particularly alarming practice continues nevertheless to affect many
countries, namely, the abduction of children from their homes, their enslavement
and sale for forced labour or military training to join combat forces. Sometimes
children are even forced or indoctrinated to fight against their own
communities.
18. The Special Rapporteur notes that in Angola both the Government and UNITA
forces have begun to demobilize an estimated 8,000 child soldiers in a campaign
initiated by the Ministry of Social Integration. In the Sudan and in northern
Uganda, however, there are still reports of ongoing abductions of children for
the purposes of child labour or recruitment into the armed forces.
19. In the Central African Republic, the Special Rapporteur has received
disconcerting information about the practice of families marrying their
daughters as young as 11 or 12, for financial gain, to older husbands. The
prevalence of such traditional practices, including the trokosi practice
in Ghana, already mentioned in previous reports, is a matter of concern.
20. Another matter of special concern to the Special Rapporteur is the
increasing problem of child prostitution in major cities all over the African
continent. In South Africa, for example, particularly in big cities like Cape
Town, Durban and Johannesburg, child prostitution appears to be a growing
problem, linked to the increasing number of street children, who have left their
homes for economic and social reasons or as a result of the breaking down of
families and traditional values.
21. On a positive note, the Special Rapporteur has been informed that the
Government of Namibia appears to be seriously committed to improving the
situation of children, having allocated almost one third of its budget to
education. Child abuse is also recognized as a serious problem and authorities
have prosecuted several cases involving crimes against children. In
September 1996, a child rapist was reported to have been given a 20-year
sentence for sexually abusing a 10-year-old girl. Training programmes in
handling domestic violence were also provided for police officials. [Back
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B. Asia and the Pacific
22. Extensive trafficking in both women and children, especially from India,
Pakistan and South-East Asia to the Middle East and Western and Eastern Europe,
continues to pose a major problem for the Asian region. This phenomenon is
closely linked to child prostitution, the increased numbers of street children,
extreme economic needs and tourism. The increasing interest of the press in
these matters is, however, to be welcomed, as it leads to more pressure on
Governments and civil society to act.
23. Reports from Bangladesh indicate that child abandonment, kidnapping,
trafficking for labour bondage and children in prostitution continue to be
widespread. UNICEF estimates that there are about 10,000 child prostitutes in
Bangladesh. Information received suggests that officials often ignore the
existence of phenomena such as child prostitution, or even profit from them.
24. In Sri Lanka there also appears to exist a significant problem of child
prostitution. The Government estimates that there are over 2,000 child
prostitutes in the country and has indicated that it is committed to combating
the problem. In Taiwan Province of China child prostitution reportedly involves
anywhere between 40,000 and 60,000 children. Children are being forcibly held in
brothels by means of violence, drug addiction and other forms of coercion.
Although new legislation has been adopted to prosecute persons using child
prostitutes, with a maximum imprisonment of two years, the effects of these new
measures cannot yet be evaluated.
25. In Thailand, the National Commission on Women's Affairs has estimated
that there are 150,000 to 200,000 prostitutes in the country, of which not more
than 20 per cent are children. The Special Rapporteur has noted with
satisfaction the commitment of the Thai Government to actively combating the
problem, in cooperation with national and international non-governmental
organizations.
26. In Indonesia the involvement of the press in addressing the problem of
child prostitution is to be appreciated, since this has led to a considerable
increase in public awareness and acknowledgment of the problem. In India the
media have also started to play an active role in informing the general public
of facts concerning child prostitution. Articles on the subject, which are now
appearing regularly in the popular press in India, are doing much to break the
silence which has long shrouded such an understandably sensitive subject.
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C. Eastern Europe
27. The main concern of the Special Rapporteur is that in Eastern Europe many
Governments have not yet adopted special legislation to prohibit child
prostitution and child pornography specifically. Such inaction could lead to
great impunity for perpetrators.
28. The Special Rapporteur notes with satisfaction, however, that authorities
in Slovakia are conducting investigations into alleged paedophile rings, in
cooperation with Austrian and Belgian counterparts. In Romania, sexual
exploitation of children has attracted domestic media attention which is noted
with appreciation by the Special Rapporteur.
29. Attention is drawn, however, to Georgia, where growing numbers of street
children and children in prostitution are reported. According to local sources
there are approximately 1,000 street children in the capital, Tbilisi. These
children are in danger of being forced or recruited into child prostitution.
[Back
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D. Latin America and the Caribbean
30. Sex tourism and child prostitution also remain a serious problem in the
Latin American and Caribbean region. As elsewhere, there exists a close link to
extreme poverty, lack of education, drug abuse and the increasing numbers of
street children. In conflict zones, guerilla troops continue to recruit children
into armed forces and there are reports of teenage female recruits being
sexually abused. In some rural areas, the practice of sending young children to
work as unpaid domestic labour for more affluent city dwellers continues,
putting these children in vulnerable positions. The sale of children for
adoption also continues to be a serious problem, as it is reported that foreign
adoptive parents are willing to pay from US$ 20,000 to $40,000 in adoption fees
and costs to adopt a healthy baby.
31. In Bolivia, the practice of criadito service still exists in some
parts of the country. Criaditos are indigenous children between 10 and 12
years old whom their parents send to middle- and upper-class families to perform
household work in exchange for education, clothing, room and board. The
treatment of these children is often not supervised in any way, and they
sometimes become virtual slaves in their new host families. The same practice is
reported to exist in Haiti, where it is called restavek (lives with).
32. It is also reported that the use of street children in prostitution
remains a serious problem in Guatemala. The estimation of the number of street
children is between 1,500 and 5,000, the majority being concentrated in
Guatemala City.
33. On a positive note, the Government of Brazil has initiated a campaign
against sex tourism and child prostitution organized by the national tourist
agency. The campaign includes restrictions on the use of erotic pictures of
young women in advertising holidays to Brazil and an information campaign to
deter tourists from engaging in the sexual exploitation of children. It also
includes a 24-hour hotline number for reporting cases of sexual abuse, as well
as the creation of a special police office to investigate sexual crimes against
children. [Back
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E. Western European and other States
34. One of the main problems in the Western European and other States region
appears to be the spread of child pornography material, especially through the
new media, as well as rings of paedophiles cooperating in the abuse of children.
The abusers originating from the region often travel to countries where the
supply of children is greater and the legislative controls are either weaker or
not effectively implemented. The Special Rapporteur therefore welcomes the
continuing process of adopting extraterritorial legislation by countries of
origin of tourists who engage in child sex abuse. The Special Rapporteur also
encourages further cooperation between countries considered to be main sources
of child victims and those considered to be main sources of child exploiters, in
an effort to combat the problem jointly. In Australia, an airport education
campaign was carried out by customs officers to deter travel abroad for child
sex tourism.
35. In Austria, allegations of an Austrian-Slovak child pornography ring have
led to strong public and political pressure to further tighten legislation of
child pornography. One specific case which greatly perturbs the Special
Rapporteur is the suicide of a 12-year-old boy in Upper Austria, who killed
himself after photographs showing him being sexually abused by a paedophile had
been posted on the Internet.
36. In Belgium, the public debate that has followed the Dutroux case has
caused serious criticism of government authorities, the judiciary and the police
force on the investigation of this case, leading to accusations of attempts of
corruption and cover-up within the Government. The Special Rapporteur encourages
the Government of Belgium in its efforts to take active measures to combat the
phenomenon and to restore public confidence in the authorities through adopting
effective legislation and administrative measures.
37. In Ireland, child sexual abuse has received increasing media attention,
especially in connection with the alleged sexual abuse of children by orphanage
staff and members of the Roman Catholic clergy. In at least three cases members
of the clergy have pleaded guilty and several other cases are pending.
38. In the Netherlands, for the first time, a citizen was tried for sexual
abuse of minors abroad on the basis of extraterritorial jurisdiction. The
perpetrator had been caught sexually abusing minors in the Philippines and was
given a sentence of five years' imprisonment after returning to the Netherlands.
39. According to Home Office statistics in the United Kingdom of Great
Britain and Northern Ireland, it is estimated that 110,000 men in the country
have been convicted of offences against children. It is further estimated that 1
in 60 of those convicted were convicted of a sex crime by the time they were 40
years old and that 1 in 90 were convicted for a serious sex offence, such as
rape, incest or gross indecency with a child. [Back
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IV. SPECIAL FOCUS ON THE MEDIA AND EDUCATION
40. This section attempts to illustrate the decisive role played by all types
of media, as well as education, in the prevention of commercial sexual
exploitation of children worldwide. It also highlights the potential danger of
rendering children even more vulnerable to sexual exploitation when the media
and education are used in an uninformed and careless manner. Special attention
is devoted to the role of the information superhighway, or Internet, the
implications of which for the exposure of children to potentially harmful
materials, in addition to the wealth of information and communication
possibilities it offers, have not yet been fully understood.
41. In the present report, the media and education are discussed in
combination, in order to demonstrate the intrinsic interlinkage between the two
catalysts. In particular, the Special Rapporteur would emphasize the importance
of the role played by the media as a tool of general education both for children
and adults, especially in the protection of the rights of the child. In her
report to the Commission on Human Rights, however, the Special Rapporteur hopes
to explore both the media and education, in particular national initiatives
undertaken in these fields to prevent commercial sexual exploitation of
children, in greater depth, in separate chapters, on the basis of information
and materials received in response to her questionnaire (see sect. II). The
Special Rapporteur appeals once again to all Governments and intergovernmental
and non-governmental organizations to provide her with more documentation and
materials in this regard, so that she may present a comprehensive and balanced
discussion.
42. The Special Rapporteur would like to lay out, in the broadest terms, the
international legal framework that regulates the protection of children from
commercial sexual exploitation but yet guarantees the rights of children to
education and information. It is important to note that the right of children to
be protected from exploitation may at times appear in juxtaposition with the
right of the media and communications freely to express themselves and
disseminate information.
43. The right to freedom of expression is given extensive protection in most
democracies, although it is subject to considerable debate and interpretation as
to its scope, meaning and purpose. The right of the media to publish and
broadcast information, however, and the right of audiences to receive
information have to be carefully balanced against the right of the child to be
protected from abuse, and the child's right to privacy. Recently, cases
involving the rights of suspected and convicted paedophiles have moreover
created much controversy and discussion in certain countries. [Back
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A. International legal framework
44. Outlined below are those human rights intended to protect the child from
falling victim to commercial sexual exploitation, including the right of the
child to receive information and education. The right of all persons, including
children, to be informed and educated, as well as the right of all persons to
impart and disseminate information are also of relevance when considering the
impact of the media and education on commercial sexual exploitation of children.
45. Under the Convention on the Rights of the Child (General Assembly
resolution 44/25, annex), children are, broadly speaking, endowed with the
rights to respect and identity (articles 2, 7, 8, 23, 26 and 40), as well as
with rights to economic, social and cultural development (articles 6 and 24).
States parties to the Convention have also undertaken to protect such rights of
the child by creating and strengthening a protective environment (articles 3, 9,
11, 16, 19-22, 24, 25, 30 and 32-38) and by promoting a caring environment
(articles 18, 23, 24, 26, 31 and 39). All these groups of rights contained in
the Convention are directly or indirectly relevant to the protection of the
child from sexual exploitation.
46. More specifically, under articles 19 and 34, States parties undertake to
protect the child from all forms of sexual exploitation and sexual abuse, taking
all appropriate measures to prevent the inducement of children to engage in any
unlawful sexual activity, the exploitative use of children in prostitution or
other unlawful sexual practices and the exploitative use of children in
pornographic performances and materials.
47. In addition to providing for protection from the physical act of sexual
exploitation, the Convention prohibits arbitrary or unlawful interference with a
child's privacy or unlawful attacks on his or her honour and reputation, and
gives the child the right to the protection of the law against such interference
or attacks (article 16).
48. While all States parties to the Convention have agreed to protect the
child from becoming a victim of sexual exploitation, several provisions of the
Convention recognize that education and the media play an important role in
preventing such violations by empowering children through information and
education.
49. One of the key provisions in this context is article 17, under which
States parties recognize the important function performed by the mass media and
shall ensure that the child has access to information and material from a
diversity of national and international sources, especially those aimed at the
promotion of his or her social, spiritual and moral well-being and physical and
mental health. Article 13, moreover, provides for the child's right to freedom
of expression, including the freedom to seek, receive and impart information and
ideas of all kinds, in writing or in print, in the form of art, or through any
other media of the child's choice. This right may, however, be subject to
certain restrictions, as provided by law and as are necessary for respect of the
rights or reputations of others or for the protection of,
inter alia, public morals. Under articles 28 and 29, children have
the right to education and educational and vocational information, directed to
the development of the child's personality, talents and mental and physical
abilities to their fullest potential.
50. Throughout the Convention, the best interest of the child is the
underlying principle - a principle which necessitates a careful balance between
the rights and freedoms of the child and the responsibility of parents,
guardians and society as a whole to protect the child and to ensure his or her
upbringing and development and physical, mental and moral integrity.
51. All persons disseminating information through the media and education,
while endowed with rights and freedoms freely to express themselves and to seek,
receive and impart information in accordance with article 19 of the
International Covenant on Civil and Political Rights (General Assembly
resolution 2200 A (XXI), annex), are also bound to respect the right of privacy
of children victims of commercial sexual exploitation under article 17 of that
Covenant. The aforementioned article 19 provides that the exercise of the right
to freedom of expression carries with it special duties and responsibilities and
may be subject to such restrictions as are provided by law and are necessary for
the respect of the rights or reputation of others and for the protection of,
inter alia, public morals. The International Covenant on Economic, Social
and Cultural Rights (ibid.), when providing for the right of everyone to
education, emphasizes that such education should be directed to the full
development of the human personality and the sense of its dignity and towards
strengthening the respect for human rights and fundamental freedoms.
52. A dilemma already mentioned is the protection of the right to privacy of
child sex offenders, which has been widely debated in some countries, where
civil liberties defenders are at odds with those who argue that such rights may
be limited or restricted if necessary for the protection of public morals.
53. Another issue posing legal challenges for protecting the rights of the
child is the definition of child pornography. The Special Rapporteur has already
addressed this issue (see E/CN.4/1997/95/Add.2), arguing that the Internet
renders the traditional legal definition of child pornography, namely the visual
depiction or use of a child for pornographic purposes, outdated. The Special
Rapporteur, therefore, encourages the Committee on the Rights of the Child to
reaffirm that the scope of article 34 of the Convention on the Rights of the
Child should be interpreted to include an absolute prohibition on "pseudo-child
pornography", including the "morphing" of child and adult bodies to create
virtual child pornographic images. [Back
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B. Facets of the media
54. The media are powerful tools of mass communication nationally and
internationally, and their potential to protect children from sexual abuse and
exploitation should be explored thoroughly. Media have many facets, and can
reach a wide and varied audience. If the dangers of child sexual abuse are
publicized, all sectors of society are encouraged to discuss the issue and, most
importantly, acknowledge that the phenomenon exists, with a view to taking
preventative measures to protect children.
55. This section considers ways in which the media affect the lives of those
confronted with the problem of child sexual abuse: the children, their parents,
the abusers and the general public. It also highlights both the positive and
negative aspects of presenting this question in the glare of world publicity.
1. The role of the press in the reporting of sexual offences
56. It must be acknowledged that the manner in which sexual offences are
reported can have a devastating impact upon the lives of those involved. At the
same time, journalists who act with sensitivity and concern for the victims on
whom they report can do much to further the healing process when the pain and
anguish suffered is publicly acknowledged and efforts are made to restore the
dignity of the victims. However, even the most well-meaning of reporters can
unwittingly compound existing problems of sexual exploitation and further a
victim's distress by the insensitivity of their actions.
57. Journalists often have access to information which others ordinarily find
very difficult to obtain. They often work together with non-governmental
organizations and the police to locate and uncover exploiters and places of
exploitation. The reporting of arrests and convictions can, therefore, be a
strong deterrent factor. Unfortunately, reporters investigating commercial
sexual exploitation of children have sometimes provided information which has
helped exploiters, for example, by showing street names, the location of
villages or easily identifiable locations. As mentioned in an earlier report
(E/CN.4/1995/95/Add.1), the Special Rapporteur regretted that two documentary
films she had been shown during her visit to the Czech Republic, on the problem
of boy prostitution and boy pornography, had resulted in an increased demand for
the services of the boys featured, whose identities and locations had not been
disguised.
58. The potential of the press to affect public perceptions of crimes
involving sexual abuse is not limited to the subject matter involved, but
extends to the manner in which it is reported. Many reporters appear to place
the blame upon women and girls when sexually degrading events or crimes occur.
Reports of violent rapes lose their ability to arouse emotions of outrage and
sympathy for the victims when set alongside photographs of the victim which
could be interpreted as sexually provocative, or even set in the same newspaper
as pictures of topless women. The media in some countries often appear to
confuse victims with perpetrators by publishing pictures of children who have
been sexually exploited and blanking out the faces of offenders.
59. Even before criminal proceedings have been initiated, the way in which
the press reports the events can affect the outcome of the trial. There have
been many instances of so-called "trial by media" where criminal proceedings
have had to be abandoned as the guarantee of a fair trial could not be ensured
owing to the prejudgemental nature of the press reports. This not only denies
the victim the satisfaction of a public acknowledgment of his or her suffering
coupled with the opportunity to see the abuser sentenced, but also denies the
accused the opportunity to defend himself against the allegations made, in a
properly constituted legal setting. Similarly there have been cases where
journalists have unwittingly corrupted evidence by paying for stories, enabling
criminals to escape conviction on a technicality.
60. The right of the press to report details of crimes and the right of the
public to be informed do not justify the obvious sensationalism which many
reporters seek to create. An example of this was seen during the trial, in the
United Kingdom in 1996 of Rosemary West, who with her late husband was accused
of committing sexually motivated murders of several young women and girls.
Following an increasingly grisly series of newspaper reports regarding the
activities of the accused couple, one newspaper challenged its readers by
asking:
"How much do you want to know about what Rosemary and Fred West are accused
of doing to young girls? Do you want every detail, exactly what was done with a
vibrator or roll of adhesive tape, how many lashes, exactly where on the
genitals, and how much force it takes to sever a head? Or will 'severe sexual
abuse' do?"1
61. Although the interests of justice may require the publication of
particularly unpleasant abuses, the victims may suffer further trauma, having
testified in court, from reading unnecessarily extensive details of their
testimony in the newspapers. Occasionally the temptation to broadcast or print
sensational pictures has itself verged on pornography and thus on exploitation.
It should be remembered that daily newspapers do not carry any adult guidance
rating, and are a normal part of most families' daily life, available to be read
by children of all ages.
2. Visual
62. The reality of child sexual abuse was brought to television screens in
the United Kingdom earlier this year, with the screening of a drama documentary
entitled No Child of Mine. It told the allegedly true story of a young
girl who was sold for sex by her father at the age of 10, sexually abused by her
mother, raped by her stepfather and a social worker, and forced to play sexual
games with her parents' friends.
63. The documentary was commended for bringing the subject into the public
arena, but concerns were expressed for the psychological well-being of the
13-year-old actress who portrayed the victim, as she had to act out graphic
scenes of rape.
64. Also in the United Kingdom suggestions were made that a popular
television series entitled Band of Gold, about the lives of a group of
teenage prostitutes, influenced a young teenaged viewer to become a prostitute.
Although she still lived at home, attended school and had no apparent need to
earn money, she became attracted to what she perceived to be a glamorous
lifestyle, but within six months she had been murdered by two male clients.
65. In the United States of America, a controversial film entitled
Kids was banned from general release last year. It graphically depicted
under-age sex and drug taking and was branded as "kiddie porn" by many critics.
Any medium which highlights in a sensitive way the damage that can be caused by
promiscuous under-age sexual activity would be welcomed, but that film was
criticized as having little purpose or justification, merely portraying a group
of unsupervised teenagers leading a destructive lifestyle, in a way that would
merely desensitize the audience to the serious nature of paedophilia and child
sex. Fears were also expressed that the film would be enjoyed by many
paedophiles, who would be led to feel that their desires and behaviour were
normal and acceptable.
3. Audio
66. The popularity of the radio as a primary method by which information is
received cannot be overestimated. This is especially true in developing
countries where access to television is limited and the level of illiteracy is
high.
67. Mozambique is one of 10 countries in eastern and southern Africa in which
a UNICEF-assisted Adolescent Girl Communication Initiative has been developed.
In Mozambique a major part of this initiative has involved a radio drama series
in which Mozambican actors act out a lively series of plots conveying messages
such as the importance of staying in school, how to deal with sexual harassment,
AIDS-awareness, and covering delicate issues such as female genital mutilation,
early marriages, and the domestic workload of girls. In addition to the radio
series, the Initiative has developed animated films, comic books, story books,
audio cassettes and posters resulting from months of collaboration among
hundreds of writers and artists working with input from thousands of ordinary
people who have experienced difficulties such as those which form the subject
matter.
68. The value of the telephone as a medium for instant two-way communication
affording the users a degree of anonymity has been capitalized upon, both
positively and negatively. Positively, helplines and hotlines allow victims to
talk about their abuse, or reluctant witnesses to report what they have seen
without the emotional strain of a face-to-face meeting. Sometimes famous
television personalities have initiated or have been used to publicize these
special lines. Negatively, however, the same telephone service can also be used
for the sexual exploitation of children, an example being the so-called
dial-a-porn or phone sex services. These services can often be accessed by
children without the knowledge of their parents. Protecting children from these
services has become a great concern in many parts of the world: in the United
States, the Congress has passed a bill to that end, while in Japan a similar
problem has been solved effectively by voluntary self-control in the private
sector.
69. In the United Kingdom, a well-known television presenter launched
Childline through her programme That's Life, reaching a huge ready-made
audience. The programme had previously appealed to viewers for their help in
conducting a survey on child abuse, and the BBC ran a telephone helpline for 24
hours after the programme for adults and children who wished to call.
70. The number of children who called, wanting to confide details of cruelty
and sexual abuse while remaining anonymous, was such that the lines were jammed
throughout the 24 hours. A special permanent free telephone helpline was then
established, which now, more than 10 years later, provides counselling for an
estimated 90,000 children and young people every year. It offers children a free
and confidential opportunity to speak about their problems. They can remain
anonymous if they choose, and are not asked to name their abusers. The
counsellors do not make referrals against a child's wishes unless the child's
life is in danger, though they will refer the case to the social services or the
police if the child so wishes. Approximately 20 per cent of the
callers are counselled about sexual or physical abuse. The special Childline
number is now widely publicized through various means; most recently the number
has been printed on the back of bus and cinema tickets.
4. Print
71. Photographs of children in their underwear for mail-order catalogues are
an easily accessible source of material for paedophiles, and are commonly used,
as has been revealed by the discoveries of extensive paedophilia collections
during police raids on the homes of suspects.
72. Calvin Klein recently yielded to pressure and removed its advertising
campaign showing teenagers in "suggestive" poses. The advertisements showed no
nudity, and the models were sitting or standing by themselves, in passive poses,
but opponents described them as "kiddy porn".
73. Even in the case of adult fashions, young teenage girls are increasingly
being used to model clothes, creating the perception that thin pre-pubescent
body images are the most desirable. This has not only had the effect of
increasing the demand for child prostitutes, but has also led to an increase in
eating disorders among older girls and women whose fully developed bodies are
larger than what is promoted as "normal". Similarly, it is appropriate at this
point to reiterate earlier concerns of the Special Rapporteur (see
E/CN.4/1997/95) that the extensive advertising of fashionable goods in newly
emerging markets such as those in Eastern Europe has led to an increase in cases
of children and young people prostituting themselves in order to raise money to
buy such goods.
74. In Belgium, an extensive programme using posters, known as "Article 34",
has been running since 1994. Posters are used to encourage child victims of
sexual exploitation to tell someone of their abuse, and not to remain silent.
The posters give the telephone numbers of Ecoute Enfants, a telephone service
which covers the area of the French-speaking community and is staffed by
professional counsellors. The approach differs depending on whether the target
audience is under or over the age of 12.
75. Posters and leaflets are just two of the many methods being employed by
the increasing numbers of campaigns aiming to raise awareness of the problem of
child sex tourism - the travel of paedophiles to foreign countries for the
purpose of finding and abusing child prostitutes. Among the more prominent
campaigns is that of ECPAT, which has targeted airports and travel agents
distributing child sex tourism law brochures to make tourists aware of the law
relating to such crimes. Similar initiatives have included videos, car stickers
and luggage labels.
76. In Belgium, the Flemish community has set up a sensitization campaign on
sex tourism and child prostitution through the organization Kind en Gezin (Child
and Family). Brochures and leaflets are distributed through travel agencies and
the offices of airline companies, warning people who travel to high-risk
destinations of the problems of paedophilia and sex tourism. The objective of
the campaign is to denounce existing networks of child prostitution and expose
the practices which exist.
77. A Children's Society campaign leaflet which highlighted the fact of child
prostitution in the United Kingdom was condemned as being "irresponsible" by the
social services there, as it was felt that it would encourage child prostitution
rather than condemn it. The leaflet read: "Why travel six thousand miles to have
sex with children when you can do it ...?" and named Bournemouth, Birmingham,
Manchester or Leeds. However, the charity said that it was necessary to use
shock tactics as child prostitution was "an uncomfortable subject that does
create reaction".
5. New media: the role of new technologies in the commercial sexual
exploitation of children
78. "First, the nature of technology: it is a great blessing, and what do we
know about blessings? That every blessing has its curse. The greater the
blessing, the nastier the curse. Technology has the tendency to separate people
from the consequences of their worst behavior."2
79. The Internet is a giant network of networks. It is virtually impossible
to determine its size at any given moment, but it has grown massively since its
origins as an experimental project linked to defence-related research in 1969.
In 1981, fewer than 300 computers were linked to the Internet but, by 1996, it
was estimated that 9.4 million host computers were linked, 60 per cent of them
located in the United States. Reasonable estimates suggest that as many as 40
million people around the world can and do access the enormously flexible
communication medium. That figure is expected to grow to 200 million Internet
users by the year 1999.3
80. The Internet is in a unique position to take advantage of new technology,
as text, photographs, video and audio clips can be disseminated worldwide
instantly. The most constructive ways in which it can be used to tackle the
commercial sexual exploitation of children include using the new technology to
further expand and develop methods of communication and education for the
prevention of such exploitation. However, the virtually inexhaustible categories
of information which the Internet can provide include innovative and simplified
means of sexual exploitation.
81. The problem of accountability. The Internet is a decentralized,
global medium of communications known as "cyberspace" that links people,
institutions, corporations and Governments around the world, and the computer
networks are owned by governmental and public institutions, non-profit
organizations and private corporations. No single entity, academic or
governmental, corporate or non-profit, administers the Internet. There is no
central point at which all the information is stored or from which it is
disseminated, and it would not be technically feasible for any one entity to
control all of the information conveyed on the Internet.
82. The risks to children on-line. While the Special Rapporteur
recognizes and commends the educational value, especially for developing
countries, of the wealth of information available on the Internet, there are
many ways in which children may be exposed to danger on-line. The two main ways
in which children may potentially be harmed by child pornography are by being
exposed to pornography and by being filmed or photographed or made the subject
themselves in some other way.
(a) The child as viewer
83. Children who are exposed to pornography are in danger of being
desensitized and seduced into believing that pornographic activity is "normal"
for children. It can provide a kind of modelling that may adversely affect
children's behaviour and result in learning experiences which connect sex to
exploitation, force or violence.
84. There have been some highly publicized cases of abuse involving computers
but reported cases are relatively infrequent. Like most crimes against children,
many cases go unreported, especially if the child is engaged in an activity that
he or she does not want to discuss with a parent. Teenagers are particularly at
risk because they often use the computer unsupervised and because they are more
likely than younger children to participate in on-line discussions regarding
companionship, relationships or sexual activity. These risks include exposure to
inappropriate material of a sexual or violent nature, or encountering e-mail or
bulletin board messages that are harassing, demeaning or belligerent. Another
risk is the possibility that, while on-line, the child may provide information
or arrange an encounter that could risk his or her safety or the safety of other
family members. In a few cases, paedophiles have used on-line services and
bulletin boards to gain a child's confidence and then arrange a face-to-face
meeting.
Restricting access to unwanted on-line material
85. Various manufacturers have begun to build systems and have marketed
software intended to enable parents to control the material which comes into
their homes and may be accessed by their children, allowing them to enjoy the
educational benefits of the Internet while shielding them from material that is
objectionable according to the parents' own particular standards.
86. Some software manufacturers have started to employ people to search the
Internet for sites containing potentially offensive material, which they then
add to a list every week. For those users who have the relevant software
installed, the updated elements are automatically added to the list of
previously blocked sites.
87. Other types of programs allow a parent to monitor everything passing
through their computer. Parents can enter such phrases as "What's your name?"
and "What's your phone number?" in a phrase book. When the software detects one
of the targeted phrases printing across the terminal, for example in a chat room
of a commercial on-line service, it immediately logs off the service.
Content on the Internet
88. The types of content on the Internet defy easy classification, and can be
as diverse as human thought. Such diversity is possible because the Internet
provides an easy and inexpensive way for a speaker to reach a large audience,
potentially of millions. Any Internet user can communicate by posting a message
to one of the thousands of news groups and bulletin boards or by engaging in an
on-line "chat", and thereby reach an audience worldwide that shares an interest
in a particular topic.
89. Because of the different forms of Internet communication, a user of the
Internet may speak or listen interchangeably, blurring the distinction between
"speakers" and "listeners" on the Internet. Unlike traditional media, the
barriers to entry as a speaker on the Internet do not differ significantly from
the barriers to entry as a listener. Once one has entered cyberspace, one may
engage in any dialogue that occurs there.
Sexually explicit material on the Internet
90. Sexually explicit material includes text, pictures and chat between
users. It includes bulletin boards, news groups, and the other forms of Internet
communication, and extends from mildly titillating to hard-core pornography.
Although surveys done by on-line administrators suggest that pornographic sites
are among the most often used on the Internet, the percentage of such sites is
not certain. Once a provider posts material on the Internet, it is available to
all other Internet users worldwide, and the provider cannot prevent that content
from entering any community. The Internet technology gives a speaker a potential
worldwide audience, although almost all sexually explicit images are preceded by
warnings as to the content.
Identity of Internet users
91. It is impossible to determine conclusively the identity or age of a user
accessing material through the Internet. An e-mail address may comprise an alias
or use an anonymous re-mailer. There is also no universal listing of e-mail
addresses with corresponding identities, and any such listing would rapidly
become incomplete. A sender therefore has no way of knowing whether an e-mail
recipient is an adult or a minor. Similarly, even individuals engaging in chat
room discussions cannot ensure that all readers are adults.
92. Even if it were possible with the available technology to block access
for children to certain news groups or chat rooms, there is no method by which
the creators of news groups that involve discussions of normally acceptable
subjects such as art or politics, but could potentially elicit indecent
contributions, could limit the blocking of access by minors to the indecent
element only, while still allowing them access to the remaining content. Even
security systems such as credit card verification or adult password verification
are unlikely to develop the capacity to ascertain that the user of the password
or credit card is over 18.
93. Therefore, all speech on any topic that is available to adults will also
be available to children using the Internet, unless it is blocked by screening
software running on the computer the child is using. It is not possible for a
speaker using current technology to know if a listener is using screening
software.
94. The attempts to regulate children's access to pornography by the
development of software programs, although very welcome, cannot achieve more
than a very limited success, as these programs can be bypassed by users with a
good knowledge of the Internet and some technical sophistication. Even if better
technical solutions become available, this approach is inadequate because
children can increasingly find access to another computer, and their technical
expertise is often far superior to that of their parents.
Anonymity
95. Anonymity is important to Internet users who seek to access sensitive
information. A user can invent virtually any identity and route a message
through different countries so that when it reaches its destination it will be
impossible to determine its origin. It is also possible to re-route e-mail and
images through what are referred to as "anonymous re-mailers". These take
incoming messages and remove the source address, assign an anonymous
identification code number with the re-mailer's address, and forward it to the
final destination. Responses to the anonymous messages are then similarly
encoded and the responder also remains anonymous. In Finland, one such re-mailer
service used to be operated by Johan Helsingus, who, however, closed down the
service after being accused of paedophilia, which he strongly denied. An adverse
repercussion of the close-down was suffered by the British organization The
Samaritans, which counsels people contemplating suicide and has increasing
numbers of computer contacts, many of whom use the "re-mailer" service to remain
anonymous.
(b) The child as material
96. The advances in computer technology, including the use of camcorders,
VCRs, home-editing desks, computer-generated graphics and editing, have made the
creation and distribution of child pornography easier, cheaper and more
difficult to detect. It has developed into a multi-million-dollar industry which
can be run from within the exploiter's home.
97. Every photograph or videotape of child pornography is evidence of that
child's abuse. The distribution of that depiction repeats the victimization over
and over again, long after the original material was created. A case in point is
the death by suicide of a 12-year-old boy in Upper Austria, who killed himself
after discovering, in addition to the trauma of being sexually abused by an
older man, that photographs of those abusive acts had been posted on the
Internet.4
98. Images can be altered by computer. It is not difficult to add to an image
or delete parts of it, thereby creating pseudo-photographs. A child's face can
be superimposed on an adult's body, and adult features such as breasts and
genitals can be minimized so as to make the images look like children. The
distribution of the altered image is still considered to exploit the child whose
face is shown. It is also possible to insert digital images of a person into a
video in which he or she has not appeared. Life-like child pornography is now
being created without using any real children at all.
99. There are an increasing number of cases of child pornography being
reported which do not involve visual images. An unusual legal situation arose
following the arrest of 19-year-old Joseph Pecchiarich in Mississauga, Canada,
in 1993. He became the first person in Canada to be convicted of distributing
child pornography via computer, but he had never photographed or filmed actual
children. He wrote and posted on the Internet several stories which depicted
himself having sex with several female children, who were always portrayed as
willing partners. He was arrested for distributing child pornography, which
under Canadian law is defined not only as materials involving real children, but
that which depicts children involved in sex, or advocates sex with a child under
the age of 18. He was charged under section 163.1, which was debated in
parliament as bill C-128, and became law on 1 August 1993, amending the Canadian
Criminal Code. One of the ideas behind the law is that the harm caused by child
pornography extends beyond the direct abuse of children in its production and
that such material has great potential to promote child sexual abuse whether the
child portrayed is a real person or not.
100. The Internet can be used by paedophiles to contact each other and they
can set up bulletin boards to exchange information relating to their sexual
interest in children, or have running conversations in the form of chat rooms on
such subjects.
101. For those who would seek to access images of child pornography through
the Internet, a basic search using the most obvious keywords such as "child
pornography" will normally direct the user towards sites campaigning against the
Internet being used as a medium for the distribution of such material, or news
items relating to the arrests of those suspected of being involved. Many
non-governmental and private organizations and individuals are starting to voice
their fears for the future of the information superhighway, and much research is
being carried out to consider the best ways to tackle the problem.
102. Unfortunately, even the extensive and ever-increasing collection of
well-meaning initiatives, studies and surveys into the nature of the problem and
possible ways to approach a solution have not escaped allegations of abuse. An
example of this is the controversy surrounding the "cyberporn" study of
Marty Rimm of Carnegie Mellon University. The ethics of the study, entitled
"Marketing pornography on the information superhighway", which purported to
analyse the amount and nature of pornographic materials being posted on the
Internet, have been called into question, as the study involved looking for
pornography, downloading it, and studying how it had been classified. Criticisms
of the way the research was carried out included accusations of invasion of
privacy, deception, placing human subjects at risk, and possible fraudulent data
gathering. It was also alleged that the study was a deliberate search for child
and teen pornography. [Back
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C. National and international initiatives
103. Two possible means to prevent child pornography from being posted on the
Internet are the legal system and self-regulating initiatives. As the
development of the Internet is still in its infancy, Governments that have
attempted to regulate its use have often not fully understood either the
technology or the implications of their actions to control it. Self-regulating
initiatives, which give the users of the Internet some responsibility over what
should be removed, have made some progress towards removing the conflict between
regulation and freedom of expression.
104. In the Netherlands, the Hotline for Child Pornography on the Internet
was created by the Foundation for Internet Providers, Internet users, the
National Criminal Intelligence Service, the National Bureau against Racial
Discrimination and a psychologist. Like other national hotlines that are
starting to be set up, it operates by asking Internet users to report any child
pornography that they find. The Netherlands Hotline tries to have a preventative
attitude towards the problem, in that once a site is reported, the Web Site
provider will ask the issuer of the material, if he can be traced, to remove it
from the Internet, and will report that person to the police if he or she fails
to do so.
105. The hotline has also tried to raise awareness of the risks of spreading
child pornography, including the fact that the penalty in the Netherlands is
four years' imprisonment. Much attention has been given to the hotline by the
media, thus further stimulating the process of awareness and prevention. Instead
of being censors, such hotlines are intended to be regarded as initiatives
against censorship, by indirectly targeting the poster of illegal child
pornography instead of whole areas of information and communication.
106. In India, the Government has attempted to prevent misuse of the Internet
by limiting access to the service to the academic world. As a result, the
Internet remains inaccessible to the individual or commercial user. Similarly,
the entry of foreign print and electronic media into the country has provoked a
controversy, with the Government still undecided about its stand.5
107. Singapore has attempted to regulate the content of the Internet as far
as possible, through a Class Licence Scheme, where Internet service providers
and Internet content providers are required to block out objectionable sites as
directed by the Singapore Broadcasting Authority. Schools, libraries and other
providers of Internet access to children are required to institute a tighter
level of control, although options as to how this could be implemented have not
yet been identified. The Special Rapporteur has learned that concerns have been
expressed as to the scope and vagueness of the Internet content guidelines and
the effect that they might have on the Singaporean right to freedom of
expression.
108. In China, Internet users must register with the police, and it is
reported that a company in Massachusetts, United States, is investing in
technology designed to allow the Government of China to censor the Internet.
109. The Internet Society of New Zealand and the Internal Affairs Department
set up a joint working group to tackle pornography on the Internet in December
1996. This followed several high-profile raids and monitoring exercises by the
authorities. The Society is also developing a code of practice for Internet
service providers.
110. In connection with the first World Congress against Commercial Sexual
Exploitation of Children held at Stockholm in August 1996, the Norwegian
Ombudsman for Children and Save the Children Norway initiated a project with the
aim of identifying paedophile networks: systems, methods, codes and ways of
communication used by criminals involved in the sexual exploitation of children.
Extensive investigations undertaken by professional computer hackers revealed
organized trading in child pornography on the Internet, and special sites
containing information on sex tours and meetings. In one chat group hard-core
amateur child pornography was found, showing girls and boys between the ages of
8 and 12 being raped repeatedly by adults of both sexes.
111. An international conferences on combating pornography and violence on
the Internet - a European approach, was held on 13 and 14 February 1997 in
London, organized by the Association of London Government. Topics discussed
included the possibilities of technically and legally controlling the Internet,
cooperation from the police, and national and international policy for the
future.
112. In the United States of America, the Supreme Court recently ruled that a
federal law which sought to curb indecency on the Internet was unconstitutional.
The plaintiffs, who included various organizations and individuals associated
with the computer and communications industries, and those who publish or post
materials on the Internet, challenged on constitutional grounds provisions of
the Communications Decency Act of 1996. They contended that two provisions of
the Act directed to communications over the Internet which might be deemed
"indecent" or "patently offensive" for minors, defined as persons under the age
of 18, infringed upon rights protected by the First Amendment and the due
process clause of the Fifth Amendment, in that adults would be denied access to
materials which they had the right to see.
113. Since the Internet crosses state and national boundaries, Internet users
must be careful that they avoid violating not only the federal laws and their
own state laws, but those of any other State which might become involved. In one
famous case, Operation Longarm, United States authorities, with the cooperation
of the Government of Denmark, tracked down the identity of callers from the
United States who downloaded child pornography from a Danish bulletin boards
(see E/CN.4/1997/95/Add.2). The United States Customs services then raided the
homes of the suspected callers and confiscated their computers, floppy disks and
other materials. Several people were prosecuted as a result.
114. The United Kingdom police were involved in Operation Starbust, an
international investigation of a paedophile ring thought to be using the
Internet to distribute graphic pictures of child pornography, and the biggest
operation so far carried out in the United Kingdom. Nine British men were
arrested as a result of the operation, which involved other arrests in Europe,
America, South Africa and the Far East. The operation identified 37 men
worldwide.
115. Also exposed during Operation Starbust was Father Adrian Mcleish, 45, a
Roman Catholic priest in Durham who held the largest known collection of illicit
matter yet gathered electronically. He had amassed a vast store of obscene
pictures and drawings in his presbytery and exchanged thousands of explicit
e-mail messages with other paedophiles. He was sentenced to six years'
imprisonment in November 1996. He admitted 12 specimen charges of indecent
assaults against two boys of 10, one aged 12 and another aged 18. He also
admitted distributing indecent photographs, possessing them with intent to
distribute them and being involved in the importation of pornographic videos of
children. There was evidence that he had sent pictures of at least one of the
boys he had abused and talked on the Internet of "grooming" the boy for use in
later life. He had also enhanced some pictures to make them more sexually
explicit. [Back
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D. Education
116. The Special Rapporteur regrets the lack of information relating to the
role of education in the context of her report. It is hoped that more
information will be received prior to the compilation of her next report to the
Commission on Human Rights.
117. The increased awareness of the need for AIDS education in schools has
had the welcome effect of bringing the subject of early sexual behaviour and
child sexual abuse into the arena of the school curriculum in many countries
which had previously been reluctant to introduce sex education, owing to a
misplaced fear that such education could encourage sexual activity among
children.
118. In Argentina, there is strong opposition from the representatives of the
Catholic Church to the implementation of sex education programmes in schools. To
date, such programmes have not been implemented. However, educational and
training programmes targeted at professionals working in strategic areas,
including immigration personnel and law enforcement officials, cover issues of
child sexual abuse and exploitation.
119. UNAIDS recently commissioned an update of an earlier World Health
Organization review of studies, carried out mainly in the United States and
Europe, on the effect of sexual health education in schools. That review
indicated that education on sexuality or HIV does not encourage increased sexual
activity and that quality programmes actually helped to delay first intercourse.
120. There is no universal consensus as to the age at which a child should
begin to receive sexual health education, but the increasing evidence of sexual
abuse in particular has persuaded some teachers and AIDS workers that some form
of education at primary school is necessary.
121. In Zimbabwe, such education is started in school for children aged 8 or
9, as the problem of child sex abuse and rape is such that it is considered
vital to introduce the subject at that young age. Similarly, it is important
that parents are educated as to the need for their children to be taught about
these dangers, and for such education to be targeted towards those children who
do not attend school.
122. In northern Thailand, for example, the Daughters of Education project
provides funding for girls who might otherwise be sold into the sex trade,
enabling them to remain in school and develop better prospects. Also in
Thailand, a Children's Forum has been created in parliament, securing the
involvement of children in decisions relating to themselves. A "media page" in
newspapers and magazines channels children's experiences to the adult world.
[Back
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V. RECOMMENDATIONS
A. Media and education
1. Prevention and advocacy
123. As discussed above, education and the media as catalysts in the
prevention and elimination of commercial sexual exploitation of children are
considered together since the Special Rapporteur believes that a combination of
the most positive elements of each catalyst would create a strong forum for
awareness-raising, with the goal of preventing abuses against children, sexual
or otherwise, through informed advocacy. Listed below are some strategies which
the Special Rapporteur urges Governments, in cooperation with civil society and
non-governmental organizations, to adopt in their efforts to prevent commercial
sexual exploitation of children.
(a) Publicize and popularize laws for the protection of children against
commercial sexual exploitation;
(b) Give prominent visibility to convictions of child sex offenders under
those laws, to serve as a deterrent to potential perpetrators;
(c) Promote a culture of rights and positive moral values for society,
especially addressing parents, children and members of their families, which may
include the following elements:
(i) Respect for all human rights, fostering principles of tolerance and
non-discrimination, especially in promoting equal treatment for boys and girls
(for example, in access to education);
(ii) Principles of good parenthood, focusing on the evil effects on children
of violence and sexual abuse, including incest;
(iii) Elimination of practices founded on culture and tradition which might
be inimical to children;
(d) Sensitize and educate children to consciously detect and identify
aberrant behaviour and risk factors or situations making them vulnerable to
commercial sexual exploitation;
(e) Educate the public on the pernicious and long-lasting consequences of any
form of sexual abuse and exploitation of children;
(f) Raise awareness among leaders of mass communications and entertainment
industries with a view to sensitizing programmes and services to the needs of
children and the protection of their rights;
(g) Conduct public information campaigns to encourage children victims or
potential victims of sexual abuse to seek help and assistance and publicize
offices and agencies extending such assistance;
(h) Sensitize policy makers, legislators, civic and professional groups and
religious leaders and communities to not only the desirability but the absolute
necessity of including sex education in school curricula; sex education,
including HIV/AIDS awareness raising, is necessary at an early age so that
children fully comprehend their responsibilities and the consequences of their
sexual behaviour, for their health and their future;
(i) Provide free compulsory primary and secondary education for children;
(j) Mobilize the business sector to fund children's education, inter
alia, through grants or scholarships;
(k) Establish a monitoring body, composed of, inter alia, child
psychologists and social welfare officers, to approve programmes and initiatives
intended to protect and assist children victims of sexual abuse and exploitation
so as to ascertain that such programmes do not carry any unintended or
unforeseen negative repercussions on children;
(l) Consult with manufacturers of computer hardware and software products,
Internet service providers, legislators, parents and children themselves to
develop strategies for minimizing the dangers of the Internet's being used for
purposes of commercial sexual exploitation of children.
2. Response and intervention
124. Children who have fallen victim to any kind of abuse and exploitation
are in desperate need of timely assistance. However, not all assistance may be
to the benefit of the child. Entry points for revictimization abound throughout
the response mechanisms so that if care is not duly exercised it may very well
happen that no response is the better option. The key should be the best
interests of the child. The conviction of the offender may never fully
compensate for the greater trauma suffered by the child caused by insensitive
handling in the hands of the very people offering assistance. It will be
recalled that earlier reports of the Special Rapporteur to the General Assembly
(A/51/456) and the Commission on Human Rights (E/CN.4/1997/95) included a
special focus on the justice system, with recommendations on how to avoid
revictimization of children in the hands of law enforcement officials.
125. Media and education do not only play crucial roles in preventing
commercial sexual exploitation of children but also have a tremendous capacity
and a certain responsibility to provide response mechanisms to children victims,
as well as to intervene, in an informed manner, in cases of sexual abuse of
children that come to their attention. The following recommendations are,
therefore, addressed to all persons involved in the media and education sectors,
in responding to a child's cry for help:
(a) Widely publicize mechanisms for reporting crimes against children;
(b) Widely publicize existing response mechanisms, organizations and agencies
providing assistance to children victims, such as telephone hotlines, focal
points in relevant government departments and in educational institutions, and
local communities;
(c) Sensitize media and educational personnel to the dangers of
revictimization of children victims and provide safeguards for avoiding such
dangers;
(d) Design and implement training programmes for all sectors of society
involved with children, such as teachers, parents, social workers, law
enforcement officers and other carers for children, with a view to:
(i) Early detection of signs of physical or sexual abuse;
(ii) Interviewing and confidence-building techniques in dealing with children
victims of abuse;
(iii) Sensitization to avoid revictimization;
(e) Ensure informed and sensitive reporting of cases of child sex abuse, in
particular protecting the identity, dignity and integrity of the victim;
(f) Sensitize the public to the needs of a child victim of sexual abuse and
exploitation so as to avoid ostracism, further revictimization or unfair
punishment;
(g) "Break the silence" by encouraging the public to inform relevant
authorities of any suspicious activities potentially endangering children,
thereby extending valuable assistance in detecting and apprehending child sex
abusers;
(h) Reinforce and foster concepts of community responsibility and
accountability in protecting and assisting children and their families;
(i) Mobilize the private sector, including computer industries, in the fight
against the commercial sexual exploitation of children through,
inter alia, making available hotlines to enable users to report
potentially harmful materials on the Internet in an effort to promote
self-regulatory controls.
3. Recovery and reintegration
126. Under article 39 of the Convention on the Rights of the Child, a child
victim of any form of exploitation or abuse shall receive all appropriate
treatment and care to promote his or her physical and psychological recovery and
social reintegration, in an environment which fosters the health, self-respect
and dignity of the child. It is thus clear that assistance to a child victim
does not end with a response to the cry for help by removing the child from an
abusive situation or by eliminating the cause of abuse. Such important
intervention, some strategies for which are outlined above, must be followed by
serious efforts to establish a healing process to redress damage already done.
Some recommendations intended to further the recovery and the reintegration into
society of child victims are outlined below:
(a) Ensure that all rehabilitation and reintegration programmes and
initiatives are professionally evaluated by child psychologists, child
psychiatrists or other qualified persons or organizations, with a view to
maximizing the benefits for children victims and eliminating any potential
harmful effects; monitor periodically the implementation of such programmes and
initiatives to ensure that children receive appropriate and informed assistance
and care;
(b) Mobilize and involve the business sector in focusing on the plight of
economically disadvantaged children with a view to taking proactive initiatives,
such as providing children victims of sexual exploitation, prostitution and
pornography with alternative income-generating activities, apprenticeships or
livelihood training possibilities;
(c) Provide free counselling services for child victims and their families to
ensure reintegration of the children within their families and their
communities;
(d) Enlist the cooperation of teachers and other children victims to
facilitate the return of child victims to school, bearing in mind the right to
privacy and integrity of the child. [Back
to the contents]
B. Networking
127. Active and effective cooperation not only between Governments and
non-governmental organizations but also between non-governmental organizations
themselves is imperative in the fight against sexual abuse and exploitation of
children. The Special Rapporteur appreciates the fact that in many countries
increased cooperative efforts are already being extended in the promotion and
protection of the rights of children by both Governments and non-governmental
organizations. The Special Rapporteur, however, cannot but fail to note that the
effective identification and allocation of areas of responsibility and
accountability, without competition and at the national level, are yet to be put
into place. Most initiatives and programmes which the Special Rapporteur has
been able to observe function on an ad hoc basis, without any coordination
relating to networking or tapping of sources of funding. The Special Rapporteur
strongly believes that close cooperation and openness in sharing information and
experiences in protecting the rights of children would mutually strengthen the
capacities and successes of each organization, both governmental and
non-governmental.
128. Some obstacles to effective networking have been observed, as follows:
(a) Organizations, both governmental and non-governmental, frequently embark
on projects which are too far-reaching or all-encompassing to be effective;
(b) A lack of coordination, often already at the fund-seeking stage, leads to
duplication and overlap of activities in one sector, thereby neglecting other
important areas for providing support to children;
(c) Competition for funding sources often leads to competition and secrecy
among organizations;
(d) There exists no accountability for non-implementation.
129. While the Special Rapporteur recognizes that full networking is not
feasible in all circumstances, she firmly believes that such active and
effective cooperation would not only ensure that comprehensive support is
provided to children in all areas, from prevention to reintegration, but would
also considerably strengthen the individual organizations working towards this
common objective. Some recommendations to this end are put forward below:
(a) Funding agencies and donors should ensure a willingness to fund projects
and initiatives in all areas of protecting and promoting the rights of the child
in order to maximize support to children;
(b) Funding agencies and donors should carefully evaluate the proposed
programmes against the national context and also in the framework of activities
already undertaken in related areas;
(c) Consultative meetings between Governments, funding agencies and
non-governmental organizations should be held to devise a strategy for effective
networking, including the development of a directory of organizations working in
the area of children, with descriptions of their specific areas of activities
and responsibilities;
(d) Within the United Nations system, such cooperation and coordination to
ensure maximization of resources for the benefit of children is also called for.
Notes
1 "How low should we go? Where to draw the line at revealing the grisly
minutiae of the West trial", The Independent, February 1996.
2 Russell Baker, "Kindly stuff your superhighway", The New York Times.
3 Statistics taken from the case of American Civil Liberties Union v.
Janet Reno, Attorney General of the United States, 1996. 4 "Drama
um 12 jähriges Sexopfer: Bub schoss sich ins Herz", Der Kurier,
6 July 1997.
5 "State of isolation",The Guardian, 13 April 1995.
Selected sources consulted
1. Andrew Charlesworth, Legal Issues of the Internet/World Wide
Web/Electronic Publishing, University of Hull Law School, 1995.
2. Electrifying Speech: New Communications Technologies and Traditional
Civil Liberties, Human Rights Watch, New York, 1992.
3. Yaman Akdeniz, The Regulation of Pornography and Child Pornography on
the Internet, University of Leeds, 1997.
4. Violence on the Screen and the Rights of the Child, Svenska
Unescoradets skriftserie nr 2, Sweden, 1996.
5. American Civil Liberties Union v. Janet Reno, Attorney General of the
United States, No. 96-963, District Court of Pennsylvania, 1996.
6. Child Exploitation & the Media Forum, ACHE and Presswise,
United Kingdom, 1997.
7. Amnesty International Report, 1997.
8. Human Rights Watch/World Report, 1997.
9. Country Reports on Human Rights Practices for 1996, Department of
State, United States of America, 1997.
10. "Dutroux inquiry unravels fatal cover-up", The European, 1 March
1997.
11. "Thousands of sex offenders at large", The Guardian, 19 June 1997.
12. National Legislation on and International Trafficking in Child
Pornography, Center on Speech, Equality and Harm, University of Minnesota
Law School, United States of America, 1996.
