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Study on illegal adoptions 2017, para. 95j
- Paragraph text
- [At the national level] [The Special Rapporteur invites all States to:] Ensure the right to information about one's origins and access to information about the rights of victims of illegal adoptions, and facilitate the work of victims' organizations in that respect, including in terms of helping them to trace biological parents and children;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Sale of children for the purpose of forced labour 2016, para. 72
- Paragraph text
- Children's civil and political rights, including the right to information, freedom of expression and freedom of association, are also breached when a child is sold for the purpose of forced labour. The inability to form an association with other children in similar conditions to claim their rights makes children even more vulnerable. Lack of information on existing laws and possible remedies is another factor of vulnerability which impedes redress for child victims.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 99c
- Paragraph text
- [The Special Rapporteur invites all States to:] Guarantee that effective remedies are available and accessible for children, through child-sensitive complaint and reporting mechanisms and child-sensitive justice proceedings, and by ensuring the reduction of barriers that could deny access to remedies. Commensurate compensation should also be part of the remedies;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 82i
- Paragraph text
- [The Special Rapporteur invites all States to:] Ensure that children who are required to participate in criminal justice proceedings are given appropriate support and counselling to assist them at all stages of proceedings and that they have access to a child-sensitive legal system to facilitate the prosecution and conviction of offenders and avoid their revictimization;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Information and communication technologies and the sale and sexual exploitation of children 2015, para. 68
- Paragraph text
- Filtering to prevent child sexual abuse and exploitation does not constitute censorship or a violation of the right to freedom of opinion and expression. As noted by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, child protection concerns have been used as a cover for inappropriate or disproportionate blocking and filtering. However, the right to freedom of opinion and expression can be restricted on the basis of the right of children to be protected from harm. Children who are the subject of child pornography are harmed in its production, distribution, download and visualization. It is legitimate therefore to restrict access to those images, and States must prohibit them as a criminal act. States should establish clear rules governing filtering, including judicial scrutiny, to prevent filtering and blocking systems being used to include material other than child pornography.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Information and communication technologies and the sale and sexual exploitation of children 2015, para. 87f
- Paragraph text
- [The Special Rapporteur invites all States to:] Ensure that children who are required to participate in criminal justice proceedings are given appropriate support and counselling to assist them at all stages of proceedings;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Approach, vision and work methods 2014, para. 21
- Paragraph text
- The Special Rapporteur will carry out her mandate in compliance with the code of conduct for special procedures mandate holders annexed to Human Rights Council resolution 5/2 and the manual of operations of the special procedures of the Council as adopted at the fifteenth annual meeting of special procedures mandate holders, held in June 2008 (A/HRC/10/24, chap. V.A). The Special Rapporteur will discharge her functions with complete independence and in accordance with the terms of her mandate, through dialogue and cooperation with all stakeholders, with the objective of preventing and combating the sale and sexual exploitation of children from a human rights perspective.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2014
Paragraph
Approach, vision and work methods 2014, para. 36
- Paragraph text
- The Special Rapporteur will also devote advocacy efforts to raising awareness of the fact that, under certain circumstances, the sale and sexual exploitation of children can amount to international crimes, including war crimes and crimes against humanity. In such cases, she will call for perpetrators to be held accountable, through appropriate human rights- compliant justice mechanisms, at the national or international level, with the ultimate goal of bringing them to justice and providing redress to victims. The Special Rapporteur is convinced that ensuring accountability for those crimes can have a deterrent effect and will send a strong signal that such grave crimes deeply shock the conscience of humanity. At the same time, in her advocacy work the Special Rapporteur will insist on the responsibility of States to protect rights holders by adopting preventive measures, including legislation that criminalizes those horrendous acts.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2014
Paragraph
Approach, vision and work methods 2014, para. 22
- Paragraph text
- For the strategic implementation of her mandate, the Special Rapporteur intends to maximize the potential of established methods of work of the special procedures system. Pursuant to the resolutions creating and renewing her mandate, she will present annual thematic reports to the Human Rights Council and the General Assembly, conduct country visits and make recommendations directed at Governments and concerned stakeholders, send communications, including urgent appeals, on allegations of violations and engage with relevant stakeholders, such as children's rights organizations and institutions, for awareness-raising and advocacy activities in order to facilitate the achievement of the objectives of her mandate.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2014
Paragraph
Approach, vision and work methods 2014, para. 30
- Paragraph text
- The Special Rapporteur is aware of the challenge of explaining to interested stakeholders, such as victims and children's organizations and institutions, the terms and scope of her mandate and its specificities vis-à-vis other mechanisms that address children's issues. Consequently, the Special Rapporteur will step up efforts to improve understanding of her mandate in order to avoid confusion and obtain relevant information on allegations of violations and human rights concerns regarding legislation, policies and practices that fall within the scope of her mandate. This will enable her to react to allegations by means of communications to the Governments and other stakeholders concerned. In addition, the Special Rapporteur intends to develop substantive criteria that will govern the taking of action on a case or situation, in accordance with the strategic implementation of the mandate entrusted to her and provided that the admissibility criteria laid out in the code of conduct and the manual of operations are met. The purpose is to maximize the potential of communications as a prevention and protection tool of the special procedures system.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2014
Paragraph
Approach, vision and work methods 2014, para. 31
- Paragraph text
- The Special Rapporteur will produce and disseminate, through her web page and other communications tools accessible to children, child-friendly material on the scope of the mandate, the type of allegations that she can address and the working methods available to respond to them. The material will be targeted at actual and potential victims, organizations and institutions working with children and other partners at the international, regional and local levels. The aim is to derive the maximum benefit from the information gathered by these entities in their daily work, to bring violations to the attention of Governments or other stakeholders concerned and to urge them to protect children and their rights.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2014
Paragraph
Sexual exploitation of children in travel and tourism 2013, para. 50
- Paragraph text
- For their full protection, all victims of CST should be considered as victims up to the age of 18. The use of the age of consent to sexual activity or criminal responsibility, which may vary between 12 and 17, may, depending on the context, lead to criminalization of the victim. In some countries, the sexual exploitation of children who have reached the age of consent is not considered an offence and such children are therefore not identified as victims. On the other hand, children who have reached the age of criminal responsibility and who are not found to have been victims of pimps or traffickers are treated as offenders.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Comprehensive prevention strategies against sale and sexual exploitation of children 2013, para. 82
- Paragraph text
- Birth registration is an important protective mechanism. It ensures that the child's existence is recorded and provides evidence of the child's age and nationality. Obstacles to birth registration are multiple. They range from lack of awareness and incentives, to geographical, ethnic and social, economic, and legal barriers. They also include complex bureaucratic procedures. A primary requirement is adequate legislation, making birth registration free and mandatory, with relevant time limits enabling people in remote areas to access the registry. Legislation needs to encourage the use of birth certificates, rather than focus on penalties as an incentive. It is also important to address possible discriminatory provisions, such as the ability for women to register the child and acceptance of names belonging to a minority or indigenous culture.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2013
Paragraph
Comprehensive prevention strategies against sale and sexual exploitation of children 2013, para. 92a
- Paragraph text
- [Specific activities to promote child participation in order to prevent sale and exploitation include:] Information campaigns and access to information through the media, the Internet and hotlines;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Child participation 2012, para. 14
- Paragraph text
- While the Convention on the Rights of the Child does not explicitly include a right to participation, it contains a cluster of articles considered to be "participation articles". The term "participation" has been adopted by the Committee on the Rights of the Child and the wider child rights community to describe the realization of the rights enshrined in those articles. Article 12 of the Convention states that every child capable of forming views has the right to express those views freely in all matters affecting him or her and that those views must be given due weight in accordance with the child's age and maturity. This is not only a fundamental right, but also a guiding principle of the Convention. Article 5 points out that, when providing direction and guidance in the exercise by children of their rights, parents and other guardians must take into consideration the evolving capacities of children. Articles 13 to 17 further address the child's right to freedom of expression, thought, conscience, religion, association, peaceful assembly, protection of privacy and access to information and material.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2012
Paragraph
Protection of children from sale and sexual exploitation following humanitarian crisis due to natural disasters 2012, para. 66
- Paragraph text
- An essential component of the victim identification process indicated above is ensuring the establishment and availability of appropriate procedures, including child-focused or child-friendly, independent, timely and effective reporting and complaints mechanisms. However, lack of availability, knowledge about, or access to justice mechanisms means that they are frequently inaccessible to child victims. In many instances, resolution of cases is promoted through community dispute resolution processes that may not always ensure that child victims have effective access to justice.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2012
Paragraph
Child participation 2012, para. 101n
- Paragraph text
- [A mapping and assessment of child participation must be carried out, in accordance with the relevant principles and standards, with a view to identifying the remaining achievements and gaps. The mapping process must involve all the principal stakeholders in child protection (public and private sectors, national human rights institutions, non-governmental organizations), including children and communities, with a view to ensuring effective and sustainable child participation. If necessary, legislative changes should be introduced to protect and promote child participation rights in order:] To ensure regular and independent monitoring of the quality, permanence, accountability and follow-up activities of child participation mechanisms, practices and activities: children's participation must be systematized in all monitoring activities and children must have the opportunity to provide feedback on processes and make suggestions for possible improvements, thus ensuring that their views are taken into consideration.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2012
Paragraph
Protection of children from sale and sexual exploitation following humanitarian crisis due to natural disasters 2012, para. 137
- Paragraph text
- Every child must be registered at birth. States must also ensure that reliable information is collected and recorded regarding all children living in institutions
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Children
- Year
- 2012
Paragraph
Protection of children from sale and sexual exploitation following humanitarian crisis due to natural disasters 2012, para. 111
- Paragraph text
- International guidelines regarding the sharing and publication of information must be respected and adequate safeguards should be integrated to protect the identity and privacy of children from possible misuse or exploitation.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Year
- 2012
Paragraph
Child participation 2012, para. 21
- Paragraph text
- In addition, children must be provided with child-friendly and accessible feedback on their participation through immediate and clear statements on the impact and value of their contributions, the decisions that they have taken and the next steps. This enables children to understand the outcome and use of their contributions.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2012
Paragraph
Protection of children from sale and sexual exploitation following humanitarian crisis due to natural disasters 2012, para. 125
- Paragraph text
- In all cases, children should be informed of their options and be given the opportunity to express their opinions and have them taken into consideration.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2012
Paragraph
Joint report with SRSG Violence against Children on child-sensitive complaint mechanisms 2011, para. 112f
- Paragraph text
- [Where mechanisms exist, it is critical to secure their availability to and accessibility by all children, without discrimination, and to ensure that they act in an ethical, effective and child-sensitive manner and pursue the best interests of the child at all times. To this end:] Safety and confidentiality should be safeguarded to protect children and their representatives from any risk of reprisal when complaints are lodged or incidents of violence reported, and to ensure that all actions are carried out in the best interest of the child and with children's involvement and informed consent. Children must be confident that no information will be shared without their consent and their confidentiality will not be breached, unless there is a well-founded belief that doing so would be necessary to protect them or others from serious harm;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Joint report with SRSG Violence against Children on child-sensitive complaint mechanisms 2011, para. 37
- Paragraph text
- In some countries the exercise of this right is limited to older children. In Russia, for example, children 14 or older can take legal action to seek protection from their parents or other persons exercising parental authority. In Tunisia, children over the age of discretion (13 years) may take legal action in "matters of special urgency and in the case of danger at home".
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Older persons
- Year
- 2011
Paragraph
Joint report with SRSG Violence against Children on child-sensitive complaint mechanisms 2011, para. 109
- Paragraph text
- Children need to feel empowered, to obtain the required information about their rights to access and to make effective use of these mechanisms; they need to feel reassured that they will be listened to in an ethical, safe and confidential manner, that their testimonies will not be disclosed or misused, and that their protection will not be put at risk. Children's participation in these efforts should be secured, including in the design and development of these mechanisms.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Comprehensive child protection systems 2011, para. 58
- Paragraph text
- Children's participation must be systematized in all monitoring activities: children must have the opportunity to provide feedback on processes and make suggestions for possible improvements, thus ensuring that their views are taken into consideration. In addition, children must be provided with child-friendly and accessible feedback on their participation through immediate and clear statements on the impact and value of their contributions, the decisions they have taken and next steps. This enables children to understand the outcome and use of their contributions.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Comprehensive child protection systems 2011, para. 30e
- Paragraph text
- [With regard to protection, care and child-friendly procedures, comprehensive legal frameworks should:] Ensure that children do not suffer from hardship and revictimization as a result of participating in criminal proceedings by limiting the number of interviews they are involved in, using video recordings and secure rooms, and providing legal aid or a special representative;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Comprehensive child protection systems 2011, para. 31a
- Paragraph text
- [With regard to prevention, comprehensive legal frameworks should:] Ensure children's birth is registered. A birth record, because it certifies a child's age, allows appropriate legal steps to be taken to ensure the protection of the child and the punishment of the offender. Children whose birth has been registered are less likely to be sold or illegally adopted, in part because they have proof of who their parents are;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2011
Paragraph
Comprehensive child protection systems 2011, para. 67c
- Paragraph text
- [Furthermore, monitoring institutions must:] Ensure that children are able to exercise their right to be heard on matters concerning them and in defining issues related to their rights, and to publicize widely the availability of effective remedies and redress, including the possibility of submitting individual complaints for violations of children's rights;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Comprehensive child protection systems 2011, para. 38b
- Paragraph text
- [Any processes that enable the identification of child victims must be carried out in compliance with the principles outlined above and with standards that require the following:] Ensuring children's right to be informed quickly and in an accessible language or format about all the options, procedures, protective measures and services available to them;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Comprehensive child protection systems 2011, para. 38d
- Paragraph text
- [Any processes that enable the identification of child victims must be carried out in compliance with the principles outlined above and with standards that require the following:] Treating the information obtained at all stages confidentially, upholding the rights of children, including the right to privacy, and preventing the inappropriate dissemination of information that could lead to the identification of child victims;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2011
Paragraph