Optional Protocol to the Convention on the Rights of the Child on the sale of Children, Child Prostitution and Child Pornography

Purpose of presentation

Is to obtain approval for South Africa to

accede to this Optional Protocol to be

ratified and considered in terms of section

231(2) of the Constitution

Definitions

Sale of children means any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration;

Offering, delivering or accepting, by whatever means, a child for the purpose of:– Sexual exploitation of the child– Transfer of organs of the child for profit– Engagement of the child in forced labour

Definitions

Child prostitution means the use of a child in sexual activities for remuneration or any other form of consideration

Child pornography means 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.

South Africa ratified the UN Convention on the Rights of the Child (CRC) on 16 June 1995.

The UNCRC contains a comprehensive set international norms for the protection and well being of children

BACKGROUND

Cabinet, on 15 May 2002 supported the ratification of the above mentioned Instrument as it- would enhance processes to

protect children - Prohibit the sale of

children, child prostitutionand child pornography

BACKGROUND

The Optional Protocol enhances the protection of children especially in articles 1, 11, 21, 32, 32, 34, 35 and 36

BACKGROUND

Article 1 Defines a child as a human being below

the age of eighteen years

Article 11 States Parties shall take measures to

combat the illicit transfer and non-return of children abroad and promote the conclusion of bilateral or multi-lateral agreements or accession to existing agreements

Article 21

States Parties that permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration and is authorised only by competent authorities and that the adoption is permissible in views of the child’s status concerning parents, relatives and legal guardians and consent has been given

Article 32

Child labour: The child to be protected from work that threatens his or her health, education and development

Article 32 (a), (b) and (c)

Provide for a minimum age or minimum ages for admission to employment;

Provide for appropriate regulation of the hours and conditions of employment;

Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.

Article 33

Children have to be protected from the illicit use of narcotic and psychotropic drugs and from being involved in their production and distribution.

Article 34

Protection of the child from sexual exploitation and abuse including prostitution and involvement in pornography

Article 35

Obligation to make every effort to prevent the sale,trafficking and abduction of children

Article 36

Right to protection from all other forms of exploitation on prejudicial to any aspects of the child’s welfare.

Purpose of Convention

The Optional Protocol guarantees that State parties extend the measures of the CRC in order to guarantee the protection of children from the sale of children, child prostitution and child pornography.

Discussion

There is a significant increase in the international trafficking of children for the purpose of the sale of children, child prostitution and child pornography.

Discussion

There are a number of particularly vulnerable groups, including girl children which are at a greater risk of sexual exploitation and what girl children are disproportionately represented among the sexually exploited

Concern about the growing availability of child pornography on the Internet and other evolving technologies.

Discussion

The elimination of the sale of children,

child prostitution and child pornography

without the adoption of a holistic approach

which means the addressing the

contributing factors, including underdevelopment poverty economic structures dysfunctioning families

Discussion

…….which includes the addressing the

contributing factors, including lack of education urban-rural migration gender discrimination irresponsible adult sexual behaviour harmful traditional practices armed conflicts and trafficking in children

Discussion

World wide calling for the criminalization of the production, distribution, exportation, transmission, importation, intentional possession and advertising of child pornography and stressing the importance of closer co-operation and partnership between Governments and the Internet industry.

International Legal Instruments

Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, and

International Labour Organisation Convention No 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour,

Obligations on State Parties

Allowing the views, needs and concerns of child victims to be presented and considered in proceedings where their personal interests are affected, in a manner consistent with the procedural rules of national law;

Providing appropriate support services to child victims throughout the legal process

Obligations on State Parties

Protecting, as appropriate, the privacy and identity of child victims and taking measures in accordance with national law to avoid the inappropriate dissemination of information that could lead to the identification of child victims;

Monitoring and Evaluation Each State shall, within two years following the

entry into force of the present Protocol for that State, submit a report to the Committee on the Rights of the Child providing comprehensive information on the measures it has taken to implement the provisions of the Protocol

The ORC in the Presidency could be charged with the monitoring the implementation of this Optional Protocol

Recommendation

That the Parliamentary Committees support the ratification of the Optional Protocol to the Convention on the Rights of the Child on the sale of Children, Child Prostitution and Child Pornography