27.
Calls upon all States that have not yet done so to consider ratifying the 1999 Convention
concerning the prohibition and immediate action for the elimination of the worst forms of child labour (No. 182)
of the International Labour Organization;
Children alleged to have or recognized as having infringed penal law
Reaffirming paragraphs 35 and 36 (a) and (d) of its resolution 2000/85,
28.
Calls upon:
(a)
The Governments of all States, in particular States in which the death penalty has not been
abolished, to comply with their obligations as assumed under relevant provisions of international human rights
instruments, including in particular articles 37 and 40 of the Convention on the Rights of the Child and articles 6
and 14 of the International Covenant on Civil and Political Rights, keeping in mind the safeguards guaranteeing
protection of the rights of those facing the death penalty and guarantees set out in Economic and Social Council
resolutions 1984/50 of 25 May 1984 and 1989/64 of 24 May 1989;
(b)
All States to take appropriate steps to ensure compliance with the principle that depriving
children of their liberty should be used only as a measure of last resort and for the shortest appropriate period of
time, in particular before trial, and to ensure that, if they are arrested, detained or imprisoned, children are
separated from adults, to the greatest extent feasible, unless it is considered in their best interest not to do so, and
also to take appropriate steps to ensure that no child in detention is sentenced to forced labour or deprived of
access to and provision of health-care services, hygiene and environmental sanitation, education and basic
instruction, taking into consideration the special needs of children with disabilities in detention, in accordance
with their obligations under the Convention on the Rights of the Child;
V. PREVENTION AND ERADICATION OF THE SALE OF CHILDREN,
CHILD PROSTITUTION AND CHILD PORNOGRAPHY
Reaffirming paragraphs 37 to 42 of its resolution 2000/85,
29.
Calls upon all States:
(a)
To take all appropriate national, bilateral and multilateral measures, inter alia to develop
national laws, policies, programmes and practices and to collect comprehensive and disaggregated genderspecific data, to facilitate the participation of child victims of sexual exploitation in the development of strategies
and to ensure the effective implementation of relevant international instruments concerning the prevention and
the combat of trafficking and sale of children for any purpose or in any form, including the transfer of the organs
of the child for profit, child prostitution and child pornography, and encourages all actors of civil society, the
private sector and the media to cooperate in efforts to this end;
(b)
To increase cooperation at all levels to prevent and dismantle networks trafficking in children;
(c)
To criminalize and effectively penalize all forms of sexual exploitation and sexual abuse of
children, including within the family or for commercial purposes, child pornography and child prostitution, child
sex tourism and the use of the Internet for these purposes, while ensuring that, in the treatment by the criminal
justice system of children who are victims, the best interests of the child shall be a primary consideration, and to
take effective measures to ensure prosecution of offenders, whether local or foreign, by the competent national
authorities, either in the offender’s country of origin or in the country of destination, in accordance with due
process of law;
(d)
To combat the existence of a market that encourages such criminal practices against children,
including through preventive and enforcement measures targeting customers or individuals who sexually exploit
or sexually abuse children;
30.
Decides to renew the mandate of the Special Rapporteur on the sale of children, child
prostitution and child pornography for a further three years, and requests the Special Rapporteur to submit a
report to the Commission at its fifty-eighth session;
page 7
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