CETS 201 – Protection of Children against Sexual Exploitation and Sexual Abuse, 25.X.2007
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Chapter V – Intervention programmes or measures
Article 15 – General principles
1
Each Party shall ensure or promote, in accordance with its internal law, effective intervention
programmes or measures for the persons referred to in Article 16, paragraphs 1 and 2, with a
view to preventing and minimising the risks of repeated offences of a sexual nature against
children. Such programmes or measures shall be accessible at any time during the
proceedings, inside and outside prison, according to the conditions laid down in internal law.
2
Each Party shall ensure or promote, in accordance with its internal law, the development of
partnerships or other forms of co-operation between the competent authorities, in particular
health-care services and the social services, and the judicial authorities and other bodies
responsible for following the persons referred to in Article 16, paragraphs 1 and 2.
3
Each Party shall provide, in accordance with its internal law, for an assessment of the
dangerousness and possible risks of repetition of the offences established in accordance with
this Convention, by the persons referred to in Article 16, paragraphs 1 and 2, with the aim of
identifying appropriate programmes or measures.
4
Each Party shall provide, in accordance with its internal law, for an assessment of the
effectiveness of the programmes and measures implemented.
Article 16 – Recipients of intervention programmes and measures
1
Each Party shall ensure, in accordance with its internal law, that persons subject to criminal
proceedings for any of the offences established in accordance with this Convention may have
access to the programmes or measures mentioned in Article 15, paragraph 1, under
conditions which are neither detrimental nor contrary to the rights of the defence and to the
requirements of a fair and impartial trial, and particularly with due respect for the rules
governing the principle of the presumption of innocence.
2
Each Party shall ensure, in accordance with its internal law, that persons convicted of any of
the offences established in accordance with this Convention may have access to the
programmes or measures mentioned in Article 15, paragraph 1.
3
Each Party shall ensure, in accordance with its internal law, that intervention programmes or
measures are developed or adapted to meet the developmental needs of children who
sexually offend, including those who are below the age of criminal responsibility, with the aim
of addressing their sexual behavioural problems.
Article 17 – Information and consent
1
Each Party shall ensure, in accordance with its internal law, that the persons referred to in
Article 16 to whom intervention programmes or measures have been proposed are fully
informed of the reasons for the proposal and consent to the programme or measure in full
knowledge of the facts.
2
Each Party shall ensure, in accordance with its internal law, that persons to whom intervention
programmes or measures have been proposed may refuse them and, in the case of convicted
persons, that they are made aware of the possible consequences a refusal might have.
6
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