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86. Child victims of violence, whether online or offline, come from all walks of
life. But, factors such as age, disability or social exclusion can have an important
bearing on children’s online activities, and on children’s ability to cope with
potential risks.
87. Younger children may lack the capacity to identify risks. Other vulnerable
children, including those out of school, who come from a low socioeconomic
background or belong to a minority, and children with disabilities, may be less
likely to enjoy the benefits offered by the online environment or to receive
information regarding safe Internet use. They may also be more likely to be bullied,
harassed or exploited online. Without decisive action, the digital divide threatens to
reinforce or exacerbate existing patterns of disadvantage.
The past years have been marked by the adoption of significant
standards to combat cybercrime and protect children from risks online,
including the United Nations Convention against Transnational Organized
Crime and important regional legal instruments. The Council of Europe
Convention on the Protection of Children against Sexual Exploitation and
Sexual Abuse is the first treaty to address children’s protection from
sexual violence in the face of challenges presented by technological
developments, and to identify as an offence the solicitation of children for
sexual purposes through ICTs, often known as “grooming”. The Council of
Europe Convention on Cybercrime criminalizes offences against and
through computer systems, including child pornography; provides law
enforcement with effective means to investigate cybercrime and secure
electronic evidence; and offers a framework for international police and
judicial cooperation in computer-related cases involving crimes against
children. Both conventions can be adhered to by States from other regions.
Combating cybercrime is also addressed by the 2001 Agreement on
Cooperation in Combating Offences related to Computer Information,
developed by the Commonwealth of Independent States; and the 2010
Arab Convention on Combating Information Technology Offences,
promoted by the League of Arab States. The African Union’s draft
Convention on the Establishment of a Legal Framework Conducive to
Cybersecurity in Africa anticipates the criminalization of cybercrime
activities, including computer-related harassment, extortion or causing
personal harm, and the production, distribution or possession of child
pornography.
Understanding online risks and harm
88. A degree of risk is inherent in the use of ICTs, but the risk does not inevitably
translate to harm for children and young people. The more children engage i n online
activities, the more they gain skills and resilience, and become self -confident. In turn,
the more skills they possess, the more opportunities they explore with greater chances
to become confronted with associated risks. More skills can, however, also reduce the
harm that children experience, and help children better cope with such risks.
14-58801
17/23
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