Skip to main content

COMMITTEE ON THE RIGHTS OF THE CHILD CONCLUDES FIFTY-EIGHTH SESSION

Press Release
Issues Conclusions on Reports of Italy, Republic of Korea, Syria, Iceland, Panama, Seychelles and Sweden

The Committee on the Rights of the Child today concluded its three-week fifty-eighth session, adopting its report and issuing its concluding observations and recommendations on the reports of Italy, the Republic of Korea, Syria, Iceland, Panama and the Seychelles on how those countries implement the provisions of the Convention on the Rights of the Child. It also issued its concluding and recommendations on the report of Sweden with regard to the promotion and protection of children's rights under the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography.

Regarding the combined third and fourth periodic reports of Italy, the Committee welcomed various legislative measures such as the law on the establishment of a National Ombudsperson for Childhood and Adolescence. The Committee expressed concern over allocation of resources, systematic training on the Convention, non-discrimination, the best interests of the child, the right to an identity, adoption, juvenile justice, refugee and asylum-seeking children. The Committee recommended that the State party ensure that the newly established mandate of the Ombudsperson for Childhood and Adolescence be provided with sufficient human, technical and financial resources to guarantee its independence and efficacy. The Committee further encouraged the State party to ensure that the realization of child rights became a top priority of the international cooperation agreements established with developing countries and to strive to increase its support to international organizations dealing with children’s rights.

Concerning the combined third and fourth reports of the Republic of Korea, the Committee welcomed measures such as the revision of the Child Welfare Act and the establishment of the Second Five-Year Plan on the Prevention of and Countermeasures against Violence in Schools. Areas of concern ranged from the need to establish a subcommittee on children’s rights inside the National Human Rights Commission of Korea, to the need for a comprehensive prohibition of corporal punishment, and the need to review the education policy with a view to reducing the high levels of stress the children were subject to. The Committee recommended amongst others that the State party review its legislation on abortion with a view to ensuring that it was in full compliance with the principle of the best interests of the child, including by ensuring that single adolescent mothers were allowed access to safe abortions and were adequately protected from the risks of illegal abortions and the forced adoption of their children.


After a review of the combined third and fourth periodic reports of Syria, the Committee welcomed the withdrawal of the reservations to article 20 and 21. The exceptional events which had been occurring since March 2011 in the State party and which affected Syrian people, particularly children, were major obstacles to the implementation of all the rights defined by the Convention. The Committee expressed its deepest concern over credible, corroborated and consistent reports of gross violations of children’s rights since March 2011, including arbitrary arrests and detentions, killings of children during demonstrations, torture and ill-treatment. The Committee recommended that the State party take, as a matter of the highest priority, all necessary measures including clear instructions to the armed and security forces to prevent the killing and injuring of children. The Committee also called for a prompt, independent, effective and transparent investigation into the human rights abuses committed since March. The Committee urged Syria to fully cooperate with the International Commission of Inquiry.

Regarding the combined third and fourth periodic reports of Iceland, the Committee noted several legislative measures such as the amendments to the Penal Code raising the minimum age of sexual consent from 14 to 15 years, and the ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. The Committee took note of the deep financial crisis undergone by the State party since the crash of its banking system in 2008, and expressed concern that the lower income families were particularly affected. Also, there was a lack of a data collection system, a high drop-out rate of immigrant children from school, and the existence of the double criminality requirement. The Committee encouraged the State party to adopt as soon as possible a new National Plan of Action on Children that covered all provisions enshrined in the Convention on the basis of evaluation of the 2007-2011 plan.

After the review of the combined third and fourth periodic reports of Panama, the Committee welcomed measures taken such as the General Adoption Act which established safeguards for Panamanian children in international adoptions; and the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance in 2011. The Committee Experts showed their concern about the lack of a comprehensive law to protect children’s rights, the need for a national plan to promote and protect the rights of the child, minimum age of marriage, universal birth registration, early pregnancies and adolescents health, discrimination against children (especially Afro-Panamanian and indigenous children), illegal arrest, detention and ill-treatment, juvenile justice, and conditions of detention centres. The Committee recommended that the State party streamline responsibilities by different entities dealing with children’s rights and enhance coordination leading to a holistic implementation of the Convention.


Concerning the combined second, third and fourth periodic reports of Seychelles, the Committee welcomed the Welfare Agency Act of 2008 which guided assistance to needy families, as well as the Children (Amendment) Act of 2005 which introduced the principle of the interest of the child and respect for the views of the child. The Committee further drew the attention of the State party to ongoing issues such as minimum age of marriage, coordination, non-discrimination, respect for the views of the child, family environment, children with disabilities, adolescent health, drug and substance abuse and sexual exploitation. The Committee urged the State party to accelerate the amendment of the remaining legislation that contradicted the Convention and to ensure that all the principles and provisions of the Convention were fully incorporated into the domestic legal system.


With regard to the initial report of Sweden under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, the Experts welcomed the adoption of legislation in Chapter 6, Section 10a of the Penal Code, criminalizing the grooming of children for sexual purposes, in July 2009. The Committee was concerned about the lack of a comprehensive system for data collection. It particularly regretted the absence of national statistical data on child prostitution in the State party as well as on child trafficking victims. The Committee recommended that the State party consider withdrawing its declaration on article 2(c) in order to give full effect to the Optional Protocol in addressing all forms of child pornography. It also recommended that Sweden ensure that commercial sexual exploitation was subject to commensurate sanctions under its criminal justice system.

Jean Zermatten, the Committee Chairperson, in closing remarks, said he would be going to New York to present the Committee’s report to the General Assembly. He would recommend to the General Assembly that the third Optional Protocol be adopted, enabling children to lodge individual complaints with the Committee, thus increasing the coverage and the upholding of the protection of children’s rights. The next session would be held in January and on top of examining reports, the Committee would also discuss cooperation with the partners, working methods of the Committee, the future Day of General Discussion of September 2012 dealing with children in the situation of migration, and future General Comments.

Agnes Aidoo, Committee member acting as the Rapporteur, said that the Committee had had as usual a very busy session with dialogues with seven States parties, with the adoption of its concluding observations, with the continued work on ongoing General Comments; as well as having briefings and meetings with key partners. The Committee’s Day of General Discussion this year was on the theme of “children with incarcerated parents” and it was held at the Palais des Nations on 30 September 2011. It was preceded by an Exhibition on “Collateral Convicts: If my parents go to prison, what happens to me?”, depicting interesting pictures of and messages from such affected children as well as some positive examples of supportive programmes. The Committee had also begun the review of its internal working draft of the General Comment on article 3 of the Convention on “the best interests of the child” and hoped to complete this review. Also, the Working Group on the preparation of a General Comment on article 24 on the right to health met with key partners.


The Committee’s next session will be held from 16 January to 3 February 2012 in Geneva, when it will consider 13 reports: the periodic reports of Azerbaijan, Cook Islands, Madagascar, Cyprus, Niue Islands, Thailand, Turkey, and Viet Nam under the Convention; the initial reports of Australia, Nepal and Thailand under the Optional Protocol to the Convention on the rights of the child on the sale of children, child prostitution and child pornography; and the initial reports of Australia and Thailand under the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.

Concluding Observations and Recommendations on Reports presented under the Convention on the Rights of the Child

Italy

Following consideration of the combined third and fourth periodic reports of Italy, the Committee welcomed as positive the adoption of the following legislative measures: Act No 62/2011 on the protection of the relationship between mothers in prison and their minor children; the law on the establishment of a National Ombudsperson for Childhood and Adolescence, in July 2011; the Law concerning the Fight against the Sexual Exploitation of Children and Child Pornography Also via Internet, in February 2006; the Law No. 54 on the Provision on the Separation of Parents and Shared Custody of Children, in February 2006; and the Law No. 296/2006 making education mandatory for at least 10 years and increasing the minimum age for working from 15 to 16 years, in December 2006. The Committee also welcomed the ratification or accession to the International Convention on the Rights of Persons with Disabilities and its Optional Protocol, in 2009; the Council of Europe Convention on Action against Trafficking in Human Beings, in 2010; and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, in 2006.

The Committee remained concerned about coordination, allocation of resources, systematic training on the Convention, non-discrimination, the best interests of the child, the right to an identity, adoption, juvenile justice, refugee and asylum-seeking children. The Committee was concerned that the National Plan of Action and intervention for the protection of rights and development of subjects in developmental age, 2010-2011 was not implemented, and that no budget had yet been allocated and that the process of allocating funds for the Plan at the regional level could further delay its implementation. The Committee regretted that the State party was yet to implement its earlier recommendation on systematic training on children’s rights and the Convention for all professional groups working for or with children, including for law enforcement officers, Carabinieri, prosecutors, judges, lawyers, legal guardians for children (curatori), civil servants. The Committee was also concerned that children’s rights had not been sufficiently considered in the legislation on corporate social responsibility. Additionally, the Committee was concerned at allegations regarding the use of forced child labour in the harvest of cotton imported by European countries, including Italy, who by doing so could facilitate the exploitation of child labour in exporting countries.

The Committee recommended that the role of the National Observatory on Childhood and Adolescence be reviewed to coordinate the implementation of child rights policies and legislation amongst all the relevant Ministries and institutions and at all levels. The Committee further recommended that the State party develop effective mechanisms to ensure a consistent application of the Convention in all regions through strengthening the coordination between the State and regional levels and that the State party adopt national standards such as the essential levels for provision of social services. Also, the State party should ensure systematic, mandatory and ongoing training on child rights for all professionals working with and for children and in particular law enforcement officers, Carabinieri, judges and penitentiary staff. The Committee further recommended that the law provide for the supervising bodies to be able to refer to the judicial authority in cases of abuses of children and human rights, including regarding activities in its territory of companies domiciled in Italy and of their business partners overseas.


Republic of Korea

Having examined the combined third and fourth periodic reports of the Republic of Korea, the Committee welcomed the adoption of the following legislative measures: the revision of the Act on Special Cases Concerning Adoption and its Civil Code, in August 2011; the amendment of the Enforcement Decree of the Elementary and Secondary Education Act, in March 2011; the enactment of the Act on Prevention of Suicide and Creation of Culture that Respects Life, in 2011; the revision of the Family Litigation Act, in 2011; the enacting of the Act on Supporting the Welfare of Disabled Children, in 2011; the revision of the Child Welfare Act, in 2011; and the amendment of the Support for Multicultural Families Act, in 2011. The Committee also welcomed the ratification of or accession to the Convention on the Rights of Persons with Disabilities in December 2008, and of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women on October 18 2006.

The Committee noted with concern that the legislative prohibition of abortions, except in narrowly defined situations of exception, did not adequately take into account the best interests of the pregnant adolescent and could give rise to situations which exacerbated the difficulties faced by pregnant adolescents, including exposing them to the risks of unsafe illegal abortions and/or their forced discontinuation of studies and/or forced release of their children for adoption. The Committee was also concerned about reduced coordination in the State party’s implementation of the Convention due, inter alia, to the State party’s Child Policy Coordinating Committee not being operational since 2008 and that the State party’s policies for children and youth were implemented by separate Ministries.

The Committee urged the State party to take all necessary measures to address the recommendations from the concluding observations on its second periodic report which had not yet been implemented, particularly those related to establishing a subcommittee on children’s rights inside the National Human Rights Commission of Korea; the comprehensive prohibition of corporal punishment; and reviewing its education policy with a view to reducing the high levels of stress that it subjected children to. The Committee recommended that the State party, in consultation and cooperation with relevant partners, adopt and implement a national plan of action for children which covered all areas of the Convention and allowed for the provision of adequate human, technical and financial resources as well as a monitoring mechanism. It also recommended that the Republic of Korea utilize a child right’s approach in the elaboration of the State budget by implementing a tracking system for the allocation and the use of resources for children throughout the budget, thus providing visibility to the investment on children. The Committee also recommended that the State party expeditiously revise its anti-discrimination legislation with the objective of adopting legislation that is in full compliance with article 2 of the Convention; take all necessary measures, including awareness-raising and public education campaigns, to eradicate and prevent discriminatory attitudes towards children in vulnerable or minority situations; and provide adequate support to single mothers, including those who were adolescents.

Syria

After a review of the third and fourth periodic reports of Syria, the Committee welcomed the Legislative Decree No. 161 of 2011 lifting the state of emergency; the Legislative Decree No. 54 of April 2011, concerning the organization of peaceful demonstrations as a human right and a fundamental freedom guaranteed under the Syrian Constitution and in international treaties; the Legislative Decree No. 49 of April 2011 regulating the status of the Syrian Kurds; the Legislative Decree No. 1 of January 2011 amending article 508 of the Penal Code which exempted rapists of any punishment if they married their victims; the Legislative Decree No. 3 of 2010 concerning the prohibition of human trafficking; the Act No. 17 of 2010, regulating labour relations in the private sector; the Legislative Decree No. 37 of July 2009 cancelling the exemption of punishment of perpetrators of honour crimes; and the Legislative Decree No. 12 of February 2007 withdrawing the State party’s reservations to articles 20 and 21 of the Convention. The Committee also welcomed The National Child Protection Plan (2005-2007) and the creation of the National Committee for International Humanitarian Law by Prime Ministerial Decree No. 2896 of June 2004.

The Committee noted with grave concern that there had been credible, corroborated and consistent reports of gross violations of children’s rights which were being committed since the start of the uprising in March 2011, including arbitrary arrests and detentions, killings of children during demonstrations, torture and ill treatment. The Committee took note of the establishment of a specialized judicial committee headed by the Attorney General to investigate human rights violations committed since the start of the protests. However, the Committee expressed concern that this Committee lacked the necessary independence to carry out its mandate with objectivity, impartiality and transparency and that the results of its investigations had yet to be made public. The Committee also joined the State party in its concern about the difficulties in ensuring the rights of Syrian children in the occupied Golan Heights where these rights were violated.

The Committee urged the State party to take, as a matter of the highest priority, all necessary measures including clear instructions to the armed and security forces to prevent the killing and injuring of children. The Committee also joined its voice to the call of the United Nations High Commissioner for Human Rights and the United Nations Secretary General for a prompt, independent, effective and transparent investigation into the human rights abuses committed since March 2011. In this regard, the Committee urged the State party to fully cooperate with and grant unimpeded access to the International Commission of Inquiry established by Resolution S17/1 of the Human Rights Council of 22 August 2011. The Committee further recommended that the State party promptly enact the Child Rights Bill into law and ensure that it incorporated all principles and provisions of the Convention and applied to all children living on the territory of the State party. The Committee further recommended that the State party repeal legal provisions that discriminate against girls and take all the necessary measures to eliminate societal discrimination against them through public educational programmes, including campaigns organized in cooperation with opinion leaders, families and the media to combat the stereotyping of gender roles.

Iceland

Regarding the third and fourth combined periodic reports of Iceland, the Committee was pleased to note the new Child Protection Act No.80/2011; the new Media Act No.38/2011; the amendments to the Primary School Act No.91/2008 in 2011; the Act on Education and Career Counsellors No.35/2009; the Preschool Act No.90/2008, the Primary School Act No.91/2008 (2008) and amendments thereto in 2011and the Secondary School Act No.92/2008; the Act concerning Education and Recruitment of Teachers and School Administrators in Preschools, Primary Schools and Secondary Schools No.87/2008; the amendments to the Penal Code raising the minimum age of sexual consent from 14 to 15 years in 2007; the Youth Act No.70/2007; the Plan of Action for Child Protection in Iceland 2008-2010; the Plan of Action regarding Immigration Policy in 2008; and the regulation by the Ministry of Health and Social Security in 2008 exempting children below the age of 18 from health care and hospital fee.

The Committee noted with concern that the Ombudsperson was not entitled to receive individual complaints. It was also concerned that there was a complicated system of complaints mechanisms established under various government agencies. The Committee was also concerned that the best interest principle may not be fully taken into account in certain individual cases, especially with regard to ensuring parents’ access to the child. Also, the Committee remained concerned that social benefits aimed at families in poverty, including single headed families, were inadequate and that this had a negative impact on the development of children in such families. It was also concerned that in cases of family disputes, there was insufficient funding for mediation services to parents. Furthermore, access to services by children with disabilities may be limited by public allocations. The Committee also regretted the lack of data on children with disabilities disaggregated by types of disabilities, age and gender.

The Committee recommended that the State party consider giving the Ombudsperson for Children the competence to handle individual complaints and ensure that this mechanism was effective and accessible to all children, especially to children in vulnerable situations, as well as raise awareness of the public, especially children, about such a complaints procedure. The Committee further recommended that the State party ensure that in all cases concerning parents’ access to the child, the best interest of the child was always given a priority. The Committee encouraged the State party to continue the measures of supporting the family and provide training to professionals involved. The Committee recommended that the State party revise its social benefits programmes with the aim to provide adequate assistance to families in vulnerable situations and increase its funding to mediation services to parents in dispute. The Committee further recommended that the State party conduct a study on the integration and success rate of children after leaving alternative care settings, which should also include recommendations regarding the measures to be taken to ensure their full integration. The Committee recommended that the State party continue and strengthen measures to include children with disabilities in all areas of life. The Committee recommended that the State party continue to take all appropriate measures, including administrative, social and educational measures, in particular life-skills education, to protect children from illicit use of narcotic drugs and alcohol as well as provide rehabilitation, reintegration and recovery programmes.

Panama

Following consideration of the third and fourth periodic reports of Panama, the Committee welcomed the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance in 2011; the Optional Protocol to the Convention against Torture in 2011; the 1954 Convention relating to the status of stateless persons and the 1961 Convention on the reduction of statelessness, both ratified in 2011; and the Convention on the Rights of Persons with Disabilities and its Optional Protocol in 2007. The Committee also welcomed the Comprehensive Plan of Action for Early Childhood in 2011; the establishment of an independent Child Rights Observatory in 2010; the creation of the Advisory Council on Early Childhood in 2009; the creation of the National Secretariat for Children, Adolescents and Family in 2009; the creation of the National Institute for Women in 2008; and the creation of the National Secretariat on Disabilities, in 2007. The Committee further welcomed the fact that the State party issued a standing invitation to special procedure mandate holders of the Human Rights Council.

The Committee Experts remained concerned about issues such as a comprehensive law to protect children’s rights; a national plan to promote and protect the rights of the child; minimum age of marriage; universal birth registration; early pregnancies and adolescents health; discrimination against children (especially Afro-Panamanian and indigenous children); illegal arrest, detention and ill-treatment; juvenile justice; and conditions of detention centres. The Committee further deeply regretted the lack of a comprehensive national plan of action for all children, which was related to the absence of a national policy on child rights, and which rendered extremely difficult the effective implementation of all child rights for all children. The Committee further expressed its concern that prior consultation, including with indigenous children, was not being followed in all cases when it came to investment projects in territory inhabited by indigenous population. The Committee also noted with concern that social impact studies of investment projects likely to affect child rights, such as forced displacement and dispossession, contamination and damage to cultural assets and/or traditions were neither contemplated by the law nor conducted.

The Committee urged the State party to take the necessary measures to consult with society at large, children and relevant stakeholders with the view to elaborating and adopting a comprehensive law on children’s rights, where children were rights-holders rather than objects of protection. The Committee strongly reiterated its recommendation that the State party adopt a comprehensive national policy and related plans to promote, protect and fulfil the rights of all children throughout their life cycle, as an integral part of the National Development Plan. The Committee further recommended that Panama evaluate financial resource allocations at central and municipal levels from a child rights perspective to ensure adequate realization of child rights and prevent disparities among children of different municipalities and/or geographic locations. To this effect, there was a need to conduct a comprehensive assessment of budget needs by sectors and municipalities and establish the allocations for those areas that progressively addressed the disparities in indicators related to children’s rights. The Committee recommended that the State party apply without exception the legal obligation to conduct environmental impact assessments of investment projects; and ensure prior consultation to indigenous people, including children, on investments likely to affect their rights, especially in the cases in which relocation of indigenous peoples was considered necessary and other cultural assets and traditions may be affected.

Seychelles

Having examined the second, third and fourth combined periodic reports of Seychelles, the Committee welcomed the Welfare Agency Act of 2008 which guided assistance to needy families; the Children (Amendment) Act of 2005 which introduced the principle of the interest of the child and respect for the views of the child; and the Education Act of 2004. The Committee noted with appreciation the ratification or accession to the following human rights instruments: Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict on 10 August 2010; Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women on 1 March 2011; the Rome Statute of the International Criminal Court on 10 August 2010; the Convention on the Rights of Persons with Disabilities (ICRPD) on 2 October 2009; the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, in 2004; and policies such as the Seychelles Framework for Early Childhood Care and Education (2010); the National Plan of Action for Children (2005-2009); the Education Reform Action Plan (2009-2010); and the National HIV/AIDS Strategic Plan (2005-2009).

The Committee was concerned about the fact that climate change was a major obstacle to the achievement of sustainable development goals in Seychelles, adding pressure on scarce arable land, limited water resources and fragile biodiversity, all of which may have negative impacts on children and the enjoyment of their rights. The State party was also confronted with the scourge of piracy, which represented a new form of vulnerability for the country, resulted in additional costs affecting budget allocations and put heavy pressure on the State party’s legal, judicial, investigation and detention systems. The Committee was also concerned about issues such as minimum age of marriage, coordination, non-discrimination, respect for the views of the child, family environment, children with disabilities, adolescent health, drug and substance abuse and sexual exploitation. The Committee also regretted the lack of information on mechanisms established to receive and investigate complaints from and on behalf of children on violations of their rights.

The Committee recommended that the State party adopt a new national plan of action in relation to children’s rights under the Convention on the basis of an evaluation of the implementation of the 2005-2009 plan, and with linkages to the national strategy for development, “Strategy 2017: Creating our nation’s wealth together” and provide for its effective implementation, monitoring and evaluation. The Committee further recommended that the State party review the mandate of the National Human Rights Commission with a view to ensuring that children’s rights were explicitly covered and given priority. The Committee further recommended that the State party ensure that the business sector complied with international and domestic standards on corporate social responsibility and it adopt preventive measures to protect children from violations of their rights arising in particular from the tourism and fisheries industries. In doing so, the Committee urged the State party to consider regulating business activities, including by establishing the obligation to conduct social and environmental impact assessments prior to new economic agreements with or investments by these and other industries. It also recommended that the State party encourage operators in the travel and tourism industry to adopt a Code of Conduct to respect the rights of children.

Final Observations and Recommendations on Report under the Optional Protocol to the Convention on the Sale of Children, Child Prostitution and Child Pornography

Sweden

With regard to the initial report of Sweden under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, the Committee Experts welcomed the adoption of legislation, Chapter 6, Section 10a of the Penal Code, criminalizing the grooming of children for sexual purposes, on 1 July 2009. The Committee noted that numerous relevant international and regional human rights instruments that had been signed by the State party had yet to be ratified, including, inter alia, the Hague Convention No. 34 on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect to Parental Responsibility and Measures for the Protection of Children, 1996; the European Convention on the Exercise of Children's Rights 2000; the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse; the Council of Europe Convention on Cybercrime, 2001.

The Committee was concerned about the lack of a comprehensive system for data collection. It particularly regretted the absence of national statistical data on child prostitution in the State party as well as on child trafficking victims. The Committee was concerned that the State party’s declaration to article 2(c), wherein it stated that it interpreted the words ‘any representation’ in the article as merely pertaining to ‘visual representation’ of child pornography, hindered the full implementation of the Optional Protocol for dealing with all forms of child pornography. The Committee regretted that the Convention and its Optional Protocols had not beenfully incorporated into the State party’s legislation. The Committee was particularly concerned that sexual exploitation was not subject to commensurate criminal sanctions; the State party’s jurisprudence and legislation were not consistently providing adequate protection for child victims above the age of 15; and that crimes such as the purchase of a sexual act of a minor and exploitation of children for sexual posing were categorised as “less serious sexual offences against children”, under its legislation and subject to the requirement of double criminality.

The Committee recommended that the State party undertake qualitative and quantitative studies and analysis on the root causes and prevalence of all the offences under the Optional Protocol, and the impact of the policies implemented and services provided for addressing them. The Committee further recommended that the State party consider withdrawing its declaration on article 2(c) in order to give full effect to the Optional Protocol in addressing all forms of child pornography. In addition, the Committee urged the State party to fully incorporate the Convention and its Optional Protocols into its legislation, including by ensuring that commercial sexual exploitation was subject to commensurate sanctions under its criminal justice system; enact legislation in full compliance with its obligations under articles 1, 2 and 3 of the Optional Protocol to define and prohibit all cases of sale of children, a concept which was similar to but not identical with trafficking in persons. The Committee also suggested that further research be undertaken on offenders, including female and juvenile offenders; that the awareness-raising measures including campaigns be increased and improved; and that the use of preventive measures be strengthened.


For use of the information media; not an official record

CRC11/033E