WUNRN
UN SPECIAL RAPPORTEUR 2013 REPORT ON
SALE OF CHILDREN, CHILD PROSTITUTION, CHILD PORNOGRAPHY
Multiple & Serious Exploitation
Issues of GIRLS.
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United Nations |
A/HRC/25/48 |
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General Assembly |
Distr.: General 23 December 2013 Original: English |
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Human Rights Council
Twenty-fifth session
Agenda item 3
Promotion and protection of all human rights,
civil,
political, economic, social and cultural rights,
including the right to development
Report
of the Special Rapporteur on the sale of children, child prostitution and
child pornography, Najat Maalla M’jid
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EXCERPTS:
B. Overview of the issues and trends relating to
the mandate
11. An analysis of the
core substantive aspects of the Special Rapporteur’s mandate points to a
worsening of several manifestations of the sale and sexual exploitation of
children. However, the real scope is still unknown due to various factors, such
as the inadequacy of some legislation, which does not clearly define all the
relevant offences, the absence of reliable data on the extent of the violations
and their evolution over time and the lack of transnational information
sharing. Moreover, the criminal nature of these activities implies that they
are generally hidden. Most children and families do not report cases of abuse
and exploitation because of stigma, a fear of reprisals and a lack of trust in
the authorities. The social tolerance that can exist with respect to these
phenomena and the lack of awareness also contribute to under-reporting. Taking
these limitations into consideration, the studies and reports that are
available nevertheless provide an overall picture of the phenomenon today.
1. Sexual exploitation of children
online[1][1]
12. The Internet has
been significantly misused as a tool for the dissemination of child
pornography. Estimates indicate that the number of child abuse images online
runs into the millions and the number of individual children depicted is most
likely in the tens of thousands.[2][2] The age of victims has tended to decrease and representations are
becoming more graphic and violent. Images are increasingly disseminated through
peer-to-peer networks, making them more difficult to detect.[3][3] Data from the Internet Watch Foundation suggest that the number of
domains hosting child sexual abuse content halved between 2006 and 2012 and
that the 9,550 web pages reported were hosted on 1,561 domains from 38
countries in 2012.[4][4] However, this does not mean that there has been a decrease in the
circulation of child sexual abuse images.
13. In 2011, the
International Association of Internet Hotlines received 29,908 reports of
child abuse material, 71 per cent involving prepubescent children and
6 per cent involving very young children. By 2012, that number had jumped
to 37,404 reports, 76 per cent involving prepubescent children and 9 per
cent involving very young children.[5][5]
14. By the beginning of
2013, the International Child Sexual Exploitation image database managed by
INTERPOL had enabled identification of 3,000 victims and
1,500 offenders from more than 40 countries, as well as data related to
numerous unidentified victims whose cases are yet to be investigated.[6][6]
2. Child prostitution
15. Child prostitution
is still a prominent problem in many countries. It encompasses all forms of
transactional sex involving children. It may be performed in exchange for money
but also for other goods or favours. Demand for child prostitution is fuelled
by overall demand for prostitution, beliefs that having sex with a child is
“safer” and a range of issues revolving around power, superiority and the
perception of children as objects.
16. Although no
reliable data is available on the extent of the phenomenon, studies indicate
that it exists in all environments, including in developed countries, and
across various socioeconomic levels. The root causes of child prostitution have
become worse in recent years. They include early sexualization and the
dissemination of sexualized images of children, the effects of the economic
crisis as well as violence, gangs and peer pressure. Some studies point to
consumerism and the attractiveness of some goods for children as an incentive
for transactional sex. Child sex tourism is one critical aspect of child
prostitution.
3. Sexual exploitation of children in
travel and tourism[7][7]
17. The actual scale of
child sex tourism is not known due to the lack of available data. However,
during her official visits to tourism destination countries, the Special
Rapporteur has been advised by local actors that child sex tourism has been
increasing, driven by the overall growth in tourism.
18. While child sex
tourism tends to occur more commonly in developing countries, no country or
tourism destination is exempt. Destinations are constantly shifting, with
offenders favouring countries with weak legislation and controls, where they
can act with impunity.
19. Data from the
Trafficking in Persons Report 2013 indicate that instances of child sex tourism
are reported in 55 countries out of the 188 covered by the report, with
offenders originating from 18 countries and travelling to 30 countries (7 are
countries of both origin and destination).[8][8] However, the criminal nature of the activity and the negative impact in
terms of a country’s image for tourism development mean that the large majority
of cases are never reported.
20. The growth in
international tourism, with the number of international tourists set to reach
1.8 billion by 2030, according to the World Tourism Organization, shows that it
will continue to remain an important challenge in the coming years.
4. Child trafficking
21. Recent estimates
indicate that child trafficking is on the rise as a proportion of all human trafficking.
Child trafficking includes several forms of exploitation, including sexual
exploitation, involving in many instances practices amounting to the sale of
children.
22. The 2012 Global
Report on Trafficking in Persons of the United Nations Office on Drugs and
Crime indicates that detected cases of child trafficking represented 27 per
cent of human trafficking in 2007–2010, up from 20 per cent in 2003–2006. In
recent years, the increase has been greater for girls. Between 2006 and 2009,
the proportion of girls in the number of total victims has grown from 13 to 17
per cent. Two out of every three child victims are girls. Although trends are
not homogenous globally, the report finds that more than 20 countries recorded
a clear increase in the proportion of child trafficking detected in the period
2007–2010 compared with the period 2003–2006. Significantly, in Africa and the
5.
Illegal
adoption
23. Illegal adoption is
also an extremely hidden phenomenon. However, a review of the situation of
intercountry adoption points to heightened risks of illegal adoption due to the
conjunction of various factors. Existing records suggest that there has been an
increase in intercountry adoptions worldwide between 2000 and 2004, followed by
a significant decrease.[10][10] Demand for adoption has continued to increase, while supply decreases,
creating the conditions for abuse, corruption, excessive fees amounting to the
sale of children, and the illegal adoption of children.[11][11]
24. This phenomenon
will require ongoing attention in coming years to ensure that adequate
governance frameworks are put in place to prevent and combat illegal adoption.
Transfer of
organs
25. The sale of organs
continues to be a major concern, although there is a dearth of data on the
phenomenon and on the extent to which it affects children. Studies on the topic
have highlighted that “tourism” for organ transplants has expanded, again
facilitated by the development of international travel. People from high-income
countries travel to poor areas where people will sell their organs as a
survival strategy. Existing research has highlighted that the most vulnerable
members of the population are particularly affected by this crime.[12][12]
Child
marriage
26. Child marriage
remains widespread in many countries, despite the adoption of domestic legal
frameworks forbidding it. Child marriage is rooted in unequal gender status and
power relations in society. In many cases, it can be regarded as a form of sale
of children. The requirement to provide a dowry for younger girls can be an
incentive for parents to arrange to marry their daughters at an early age.
Child marriage can be used as a means to settle family debts or provide
economic security to families.
27. In total, some 158
countries have adopted laws prohibiting marriage before the age of 18, although
in 146 of them, marriage under the age of 18 can be performed with parental
consent. In spite of these measures, early marriage continues to take place worldwide.
Although a few countries have made progress, the available data shows that
globally, the incidence of early marriage was stable between 2001 and 2010.
As many as 61 countries still have a prevalence rate of child marriage of
over 20 per cent.[13][13] According to UNICEF data from 2012, one third of women aged 20 to 24
years old — that is, some 70 million women — were married before the age
of 18.[14][14]
[1][1] See also the report of the Special
Rapporteur on the sale of children, child prostitution and child pornography on
child pornography on the Internet (A/HRC/12/23).
[2][2] J. Carr and S. Hilton, Digital
Manifesto (Children’s Charity Coalition on Internet Safety,
[3][3] UNICEF, Child Safety Online: Global
challenges and strategies (2011). Available from
www.unicef-irc.org/publications/pdf/ict_eng.pdf.
[4][4] Internet Watch Foundation, Annual and
Charity Report 2012. Available from
www.iwf.org.uk/assets/media/annual-reports/FINAL%20web-friendly%20IWF%202012%20Annual%20and%20Charity%20Report.pdf.
[5][5] INHOPE, 2012 Annual Report.
Available from http://www.inhope.org/gns/about-us/annual-reports.aspx.
[7][7] See also the report of the Special
Rapporteur on the sale of children, child prostitution and child pornography on
the protection of children from sexual exploitation in travel and tourism
(A/HRC/22/54).
[8][8] www.protectionproject.org/wp-content/uploads/2013/07/TPP-Review-of-TIP-Report-2013-Final.pdf.
[10][10] The African Child Policy Forum,
[11][11] ChildONEurope, National experiences on
the management of the demand for intercountry adoption (2012). Available
from www.childoneurope.org/issues/publications/COE_Management%20demand.pdf.
[12][12] See Yosuke Shimazono, “The state of the
international organ trade: a provisional picture based on integration of
available information” in the Bulletin of the World Health Organization,
available from www.who.int/bulletin/volumes/85/12/06-039370/en/. See also Joint
Council of Europe/United Nations Study, Trafficking in organs, tissues and
cells and trafficking in human beings for the purpose of the removal of organs (Council
of Europe/United Nations,