Economic and Social Council
Distr.
GENERAL
E/CN.4/1998/101
13 January
1998
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifty-fourth session
Agenda item 20 of the provisional agenda
RIGHTS OF THE CHILD
Report of the Special Rapporteur on the sale of
children, child prostitution and child pornography, Ms. Ofelia
Calcetas-Santos
CONTENTS
Introduction
I. WORKING METHODS AND ACTIVITIES
A.
Working methods
B. Activities
II. INTERNATIONAL DEVELOPMENTS RELATING TO SALE OF
CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY
III. SPECIAL FOCUS ON THE MEDIA AND EDUCATION
A. International legal framework
B. The role of the traditional media
C. The media and the rights of the defendant
D. New media
E. Education as a
catalyst
IV. RECOMMENDATIONS A. The media
and education B. Networking between governmental and
non-governmental organizations
Introduction
- At its fifty-third session, the Commission on Human Rights, in its
resolution 1997/78 of 18 April 1997, welcomed the report of the Special
Rapporteur on the sale of children, child prostitution and child
pornography (E/CN.4/1997/95 and Add.1 and 2). In the same resolution,
the Special Rapporteur was requested to submit an interim report to the
General Assembly at its fifty-second session (A/52/482) and a report to
the Commission on Human Rights at its fifty-fourth session.
- The Commission, furthermore, called upon States to develop urgently,
implement and enforce measures to eliminate the sale of children and
their sexual exploitation, inter alia, through child sex tourism
and other forms of child prostitution and child pornography, including
measures in line with the Vienna Declaration and Programme of Action and
with those outlined in the Declaration and Agenda for Action of the
World Congress against Commercial Sexual Exploitation of Children. It
requested States to criminalize effectively commercial and all other
forms of sexual exploitation of children, while ensuring that child
victims are not penalized for such practices, and to prosecute
offenders, whether local or foreign.
- The Commission also called upon States to step up cooperation and
concerted action by all relevant law-enforcement authorities and
institutions with a view to combating the existence of a market that
encourages such criminal practices against children and dismantling
national and international networks trafficking in children. In this
connection, the present report, submitted in accordance with resolution 1997/78,
contains a review of recent national and international developments and
initiatives taken since the Special Rapporteur's report to the
Commission on Human Rights at its fifty-third session.[back
to the contents]
I. WORKING METHODS AND ACTIVITIES
A. Working methods
- Over the last two years the Special Rapporteur has made the
commercial sexual exploitation of children the main focus of her
mandate. Having identified three catalysts which she believes to be
instrumental in preventing or inciting sexual exploitation of children,
she studied first the role of the justice system in this regard (see
A/51/456 and E/CN.4/1997/95). This year, she has been similarly
analysing the roles played by the media and education, including the
rapidly developing Internet.
- On 30 June 1997, the Special Rapporteur wrote to all Governments,
relevant United Nations bodies and agencies, and intergovernmental and
non-governmental organizations requesting relevant information and
materials on media/communications and education related to commercial
sexual exploitation of children. More specifically, she requested
information in the following categories:
(a) Television programmes/publicity preventing/inciting sexual
exploitation of children; national directives concerning specific target
audiences, broadcasting hours and parental guidance;
(b) Advertising/publicity campaigns against sex tourism and commercial
sexual exploitation of children (i.e. airport publicity, leaflets,
posters, promotional articles);
(c) Coverage given to court cases by media (newspapers, TV and radio)
involving commercial sexual exploitation of children (e.g. child
pornography and the Internet; public debates on sanctions against sex
offenders);
(d) School curricula: development of sex education programmes, including
awareness-raising about the dangers of sexual exploitation and information
on available support services; adult education programmes;
(e) Education/training programmes targeted at professionals working in
strategic areas, including immigration personnel, law-enforcement
officers, medical professionals and social workers;
(f) Rehabilitation and educational programmes/facilities/support
services for both child victims of commercial sexual exploitation and sex
offenders.
- Earlier replies which were received from 3 Governments, 8 United
Nations agencies and 13 organizations, and many of their comments, were
included in the recent report submitted by the Special Rapporteur to the
General Assembly (A/52/482). As a large proportion of the available
information related to media, the main focus of that report concentrated
on the roles of the media and the Internet. Since that report was
presented, replies have been received from the Governments of Canada,
China, Finland, Israel, Pakistan and Peru. The Council of Europe and the
Organization of African Unity also provided information to the Special
Rapporteur. Replies were also received from the World Health
Organization (WHO) and the Economic Commission for Latin America and the
Caribbean (ECLAC). The following non-governmental organizations have
since provided the Special Rapporteur with information: All Pakistan
Women's Federation; Centro de Estudios y Rehabilitacion Psicosocial
(CERSON) (Chile); Childline (UK); International Federation of Social
Workers (IFSW) (Norway), as well as the NGO Group for the Convention on
the Rights of the Child/Sub-Group on Sexual Exploitation of Children
(Switzerland). The comments from these replies are included in the
present report.[back to the
contents]
B. Activities
- Since the fifty-third session of the Commission on Human Rights, the
Special Rapporteur has carried out two field missions. In August 1997,
the Special Rapporteur visited Kenya (Nairobi, Mombasa and Malindi). The
mission report is contained in document E/CN.4/1998/101/Add.1. In
November 1997, the Special Rapporteur visited Mexico (Mexico City
(D.F.), Xalapa and Puerto de Veracruz (Veracruz), Cancún
(Quintana-Roo), Ciudad Juárez (Chihuahua) and Tijuana (Baja
California)). The report of that mission is in document
E/CN.4/1998/101/Add.2.
- In October 1997, the Special Rapporteur was invited to address the
Seventh Meeting of First Ladies of the Americas held in Panama on
the topic of commercial sexual exploitation of children.[back
to the contents]
II. INTERNATIONAL DEVELOPMENTS RELATING TO SALE OF
CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY
- In New South Wales, Australia, two men recently committed suicide and
a third was left brain damaged after failing in his attempt, after
having been investigated by the New South Wales Child Protection
Enforcement Agency in relation to allegations of child abuse. Computer
records allegedly containing child pornography had been seized in raids
upon homes in the area, and a juvenile had been taken from the care of
one of the men. The dead men had recently been charged with child sex
offences and had been granted bail. There have been a series of suicides
recently by men in Australia who were under investigation for child
abuse, including the case of a retired judge. (1)
- In New Zealand, police authorities have developed a strategic policy
to aid the prevention and detection of the commercial sexual
exploitation of children. This has included active work by the national
authorities to suppress the sexual exploitation and abuse of children,
and addressing the problem of the Internet being used for child
pornography.
- In the United States of America, more than 40 States have now adopted
versions of "Megan's Law", which requires that communities
across America be informed when a convicted paedophile moves into the
area. The law is named after a seven-year-old victim who was raped and
murdered in 1994. The atrocious crime was committed by a twice-convicted
paedophile who, together with two other convicted sex offenders, moved
into a house almost opposite the home of his victim. The crime took
place in a quiet suburban street, and created a feeling of insecurity in
supposedly safe middle-class neighbourhoods. (2)
- Also in the United States, the Roman Catholic Church of Dallas was
ordered to pay US$ 119 million in damages for ignoring evidence and
covering up the long-term sexual abuse of 11 altar boys by a priest. One
of his victims later committed suicide allegedly as a result of the
abuse. (3)
- According to information received from a non-governmental
organization providing services to street children, a growing number of
"sex tourists" are visiting countries of Central America
following the recent restrictions and operations against sex tourism in
Asian countries. Extreme poverty and an insufficient judicial system
lead paedophiles to believe that they can go to Central America and
abuse children without any risk of legal accountability for their
actions.
- In Costa Rica, a Swiss man and a German woman were jailed for four
years in May 1997 for operating a brothel where minors were employed. In
San José two Americans were arrested in September for operating a
"sex tourism" operation in which foreign visitors were
collected at the airport and taken straight to a brothel in the capital,
where they had sex with minors.
- The Special Rapporteur was particularly concerned to receive
allegations that over 30,000 children in the Dominican Republic work as
prostitutes to escape poverty. (4)
Most of these children no longer live with their parents, but have
either been thrown out or prefer to work on the streets to earn a living
for themselves or their parents. Minors who engage in this trade are
common in Santo Domingo and other tourist zones such as Boca Chica and
Puerto Plata.
- It has also been reported that recently a paedophile was arrested in
Florida accused of trafficking a young Honduran boy to the United
States. The accused, described as one of the most sought-after
criminals, with 85 charges of paedophilia against him, was arrested in
Honduras by Interpol. However, the local laws of Honduras often fail to
effectively protect children. Most offences against children are
considered private crimes and authorities cannot intervene without a
complaint having been filed by the child or the parents.
- Also in Honduras, the Special Rapporteur is informed that a
Guatemalan woman was recently sentenced to two years and eight months
for attempting to transport five juveniles across the border from
Honduras to Guatemala.
- In the United Kingdom, following recent developments, courts are to
be given new powers to ban paedophiles from playgrounds, school
entrances, and other public places frequented by children. This will be
achieved through the granting of a community protection order which will
prohibit convicted sex offenders from specified areas where they may be
liable to re-offend. Sex offenders who have been released from jail
since 1 September 1997, are required to register their addresses with
police. (5)
- The Government of Norway, together with the International Labour
Organization and UNICEF, hosted a 40-nation ministerial conference on
child labour in Oslo from 27 to 30 October 1997. The participants agreed
that prostitution and pornography, along with the persistent
exploitation of children in slave-like and bonded conditions in
hazardous and arduous work, constitute the most intolerable forms of
child labour, with as many as 250 million young victims worldwide.
The primary importance of legislation to achieve the global elimination
of child labour was considered alongside the need for education, social
mobilization and development cooperation.
- Germany has launched a new drive against child abuse, child
pornography and sex tourism, combining tougher sentencing with
preventive educational schemes. The Ministry of Youth has launched
educational films, comics and pamphlets for children and parents and
intends to increase the number of telephone hotlines. More funds are to
be allocated for training teachers, police officers, lawyers, medical
personnel and tour guides to raise awareness of the problems of child
sex abuse. It is estimated that approximately 200,000 German men travel
abroad each year to have sex, often seeking young teenage girls. It has
also been reported that German sex agencies advertise underage Russian
girls. Some German aid money is directed at supporting training for
children in countries like Thailand to prevent them from resorting to
prostitution. (6)
- Following the arrest at Milan airport of a couple posing as Japanese
tourists with a young daughter, Italian investigators recently claimed
to have broken an international paedophile ring in which children
were smuggled from East Asia to the United States. The 12-year-old
child was allegedly sold by her parents in China for approximately
US$ 58,000 and was being trafficked to the United States. The
investigators believed that there is a Japanese-organized group which
allegedly sends Chinese children to the United States for
prostitution and paedophilia. The girl revealed that whilst in Bangkok
she saw approximately 15 other young children in the same situation
as herself. (7)
- Italy has a new law which classifies the sexual exploitation of
children as slavery, imposing a 12-year prison sentence. Parliament is
currently discussing a new bill to increase sentences for sexual
exploitation of children or the organization of sex tourism, to be
applicable also to Italians abusing children abroad. The bill, known as
the "Promotion of the Rights and Opportunities for Childhood and
Adolescence Bill" foresees harsh sentences for people producing
and/or disseminating material using children through the Internet. It
also intends to provide psychological help for the children suffering
abuse, as well as the perpetrators. (8)
- France recently conducted one of the largest investigations against a
paedophile ring anywhere in recent history. About 2,500 policemen were
fielded to search about 800 homes throughout France after the beginning
of the trial in Paris of 71 French men accused of organizing or
subscribing to a paedophile video network involving young boys. Within a
week there were 323 persons under investigation. Five of these men
committed suicide rather than face investigation and trial. (9)
- The Russian Federation is witnessing what has been described as an "epidemic"
of street children, known as the besprizorniki, or neglected
ones. According to United Nations estimates, 4 in 10 Russian
children live in poverty, and there are perhaps as many as 6,000 vagrant
children in Moscow. Social and familial instability have contributed to
the growing number of runaway, homeless, orphaned or abused children,
including migrants from former Soviet republics. For some, the only
escape from the drudgery of life on the streets is through sniffing glue
or drinking vodka. The cost of such addictions almost inevitably lead to
a life of crime and prostitution. (10)
[back to the contents]
III. SPECIAL FOCUS ON THE MEDIA AND EDUCATION
- In her recent report to the General Assembly (A/52/482), the Special
Rapporteur stressed the positive role played by the media and education
in the prevention of commercial sexual exploitation of children
worldwide. At the same time, she highlighted the potential dangers that
exist that may add to the vulnerability of children and increase the
risk of their being sexually exploited. She devoted particular attention
to the implications of the Internet in this regard. In the report, she
reiterated her request for further information on the role of education,
and would like to take this opportunity to thank all those who responded
to her request, enabling her to provide a more balanced analysis of the
two catalysts in the present report.
- Many facets of the media and education overlap and to a certain
extent the two could be considered as one instrument for the purpose of
general awareness-raising. In this regard, although they will be
considered separately, the Special Rapporteur would again emphasize the
importance of the role played by the media as a tool of general
education, both for children and adults, especially in the protection of
the rights of children. In the sections below, the Special Rapporteur
has included new information received on the media and education; some
references were already included in her report to the General Assembly.
- The Special Rapporteur would like to lay out, in broadest terms, the
international legal framework that regulates the protection of children
from commercial sexual exploitation but yet guarantees the rights of
children to education and information. At the same time, it is important
to note that the right of children to be protected from exploitation may
at times appear to contend with the right of the communications media to
express themselves and disseminate information freely.
- The right to freedom of expression is given extensive protection in
most democracies, although it is subject to considerable debate and
interpretation as to its scope, meaning and purpose. The rights of the
media to publish and broadcast information, however, and the rights of
the audiences to receive information have to be carefully balanced
against the rights of the child to be protected from abuse or from
further abuse, and of the child's right to privacy. Furthermore, recent
cases involving the rights of suspected and convicted paedophiles have
also created much controversy and discussion in certain countries.[back
to the contents]
A. International legal framework
- This section, therefore, purports to outline those human rights
intended to protect the child from falling victim to commercial sexual
exploitation, including the right of the child to receive information
and education. The right of all persons, including children, to be
informed and educated, as well as the right of all persons to impart and
disseminate information are also of relevance when considering the
impact of media and education on commercial sexual exploitation of
children.
- Under the Convention on the Rights of the Child, children are,
broadly speaking, endowed with the rights to respect and identity
(articles 2, 7, 8, 23, 26 and 40), as well as with rights to economic,
social and cultural development (articles 6 and 24). States parties to
the Convention have also undertaken to protect such rights of the child
by creating and strengthening a protective environment (articles 3,
9, 11, 16, 19-22, 24, 25, 30 and 32-38) and by promoting a caring
environment (articles 18, 23, 24, 26, 31 and 39). All these groups of
rights contained in the Convention are directly or indirectly relevant
to the protection of the child from sexual exploitation.
- More specifically, under articles 19 and 34, States parties undertake
to protect the child from all forms of sexual exploitation and sexual
abuse, taking all appropriate measures to prevent the inducement of
children to engage in any unlawful sexual activity, the exploitative use
of children in prostitution or other unlawful sexual practices and the
exploitative use of children in pornographic performances and materials.
- In addition to providing for protection from the physical act of
sexual exploitation, the Convention prohibits arbitrary or unlawful
interference with a child's privacy or unlawful attacks on his or her
honour and reputation, and gives the child the right to the protection
of the law against such interference or attacks (article 16).
- While all States parties to the Convention have agreed to protect the
child from becoming a victim of sexual exploitation, several provisions
of the Convention recognize that education and the media play an
important role in preventing such violations by empowering children
through information and education.
- One of the key provisions in this context is article 17, under
which States parties recognize the important function performed by the
mass media and shall ensure that the child has access to information and
material from a diversity of national and international sources,
especially those aimed at the promotion of his or her social, spiritual
and moral well-being and physical and mental health. Article 13,
moreover, provides for the child's right to freedom of expression,
including the freedom to seek, receive and impart information and ideas
of all kinds, in writing or in print, in the form of art, or through any
other media of the child's choice. This right may, however, be subject
to certain restrictions, as provided by law and as are necessary for
respect of the rights or reputations of others or for the protection of,
inter alia, public morals. Under articles 28 and 29,
children have the right to education and educational and vocational
information, directed to the development of the child's personality,
talents and mental and physical abilities to their fullest potential.
- Throughout the Convention, the best interest of the child is the
underlying principle - a principle which necessitates a careful balance
between the rights and freedoms of the child and the responsibility of
parents, guardians and society as a whole to protect the child and to
ensure his or her upbringing and development and physical, mental and
moral integrity.
- All persons disseminating information through the media and
education, while endowed with rights and freedoms freely to express
themselves and to seek, receive and impart information in accordance
with article 19 of the International Covenant on Civil and
Political Rights, are also bound to respect the right of privacy of
children victims of commercial sexual exploitation under article 17
of that Covenant. The aforementioned article 19 provides that the
exercise of the right to freedom of expression carries with it special
duties and responsibilities and may be subject to such restrictions as
are provided by law and are necessary for the respect of the rights or
reputation of others and for the protection of, inter alia,
public morals. The International Covenant on Economic, Social and
Cultural Rights when providing for the right of everyone to education,
emphasizes that such education should be directed to the full
development of the human personality and the sense of its dignity and
towards strengthening the respect for human rights and fundamental
freedoms.
- A dilemma already mentioned is the protection of the right to privacy
of child sex offenders, which has been widely debated in some countries,
where civil liberties defenders are at odds with those who argue that
such rights may be limited or restricted if necessary for the protection
of public morals.
- Another issue posing legal challenges for protecting the rights of
the child is the definition of child pornography. The Special Rapporteur
has already addressed this issue (see E/CN.4/1997/95/Add.2), arguing
that the Internet renders the traditional legal definition of child
pornography, namely the visual depiction or use of a child for
pornographic purposes, outdated. The Special Rapporteur, therefore,
encourages the Committee on the Rights of the Child to reaffirm that the
scope of article 34 of the Convention on the Rights of the Child
should be interpreted to include an absolute prohibition on "pseudo-child
pornography", including the "morphing" of child and adult
bodies to create virtual child pornographic images.[back
to the contents]
B. The role of the traditional media
- The media are the most powerful tool of mass communication nationally
and internationally, and their potential to protect children from sexual
abuse and exploitation should be explored thoroughly. Media have many
facets, and as such can reach a wide and varied audience. Some of the
most prominent facets of the media and their abilities to impact both
positively and negatively upon the lives of those involved in all the
different aspects of sexual exploitation were examined in the report to
the General Assembly.
- The Committee on the Rights of the Child, during its discussions on
the issue of "the child and the media", on 7 October 1996,
expressed the view that the press and other media have essential
functions in promoting and protecting the fundamental rights of the
child and in helping to make reality of the principles and standards of
the Convention on the Rights of the Child.
- As a result of their deliberations the Committee identified three
main areas to be considered in this context:
(a) Child participation in the media;
(b) Protection of the child against harmful influences through the
media;
(c) Respect for the integrity of the child in media reporting.
The Special Rapporteur feels that this approach provides a useful method
in which to consider both the roles of the various facets of the media,
and how different national and international bodies are tackling the
effects of these facets upon the education and protection of children. It
is for these reasons, and in order to provide information and analysis in
line with the Committee's recommendations, that the Special Rapporteur has
decided to conduct her analysis following this structure.
1. The participation of children in the media
- Article 13 of the Convention on the Rights of the Child provides for
the right to freedom of expression of the child and refers to his or her
right to do this "through any media of the child's choice".
The media is one of the strongest influences upon the self-image of a
child and upon the image which is portrayed to society in general.
Consequently, that image can either create and convey respect for
children and young people, or spread prejudices and stereotypes which
may have a negative effect on public opinion. The child's participation
in this process is, therefore, vital, but must take place in such a way
as to ensure the avoidance of exploitation of the child participant
whilst resulting in a positive effect upon the whole range of viewers,
children and adults alike.
- In this context, concerns have been raised as a result of several
visual productions in different parts of the world. In the United
Kingdom, a drama documentary entitled "No Child of Mine" was
screened, portraying a 10-year-old victim of repeated sexual abuse. The
documentary was commended for bringing the subject into the public
arena, but concerns were expressed for the psychological well-being of
the 13-year-old actress who portrayed the victim, as she had to act out
graphic scenes of rape. Concerns were also expressed that the film might
become soft-porn material for paedophiles, and that the use of a child
actor by the mainstream media could be regarded as a societal validation
of their sexual misconduct.
- Similar fears about the "soft porn" label being given to
mainstream material were raised in regard to a controversial movie
entitled "Kids", which was banned from general release in the
United States of America in 1996, as it graphically depicted promiscuous
under-age sex and drug-taking.
- Such films can make a positive contribution to the raising of public
awareness about the extent of forced or consensual under-age sexual
activity and highlight the damage which can result therefrom, but care
must be taken to avoid creating a new "genre" of such
drama-documentaries, posing the risk that audiences will become
desensitized to the real horrors of paedophilia and child sex.
- Another area where child participation needs to be carefully
considered and regulated is the use of children as fashion models, in
catalogues and on the catwalk. The use of teenage girls, some as young
as 13, modelling adult fashions may create the impression that thin
pre-pubescent bodies are the most sexually desirable. This not only
puts immense pressure on women of all ages to achieve unnatural and
unhealthy body shapes and sizes, but more importantly, creates
legitimacy in the eyes of the paedophile that his desires are "normal",
especially as the children are encouraged to look and behave like adults
in front of the camera. The children involved are given the message that
adults agree with the idea of them being sexualized, and other children
who view the photos are misled into believing that this is a desirable
way to be portrayed.
- Images of children as sexual objects are also used extensively by
advertisers to sell almost anything from food to perfume and cars.
Whilst many advertisers are careful to portray children as children,
others have stepped over the boundaries and used children in provocative
poses. Calvin Klein recently yielded to pressure and removed its
advertisement campaign showing teenagers in "suggestive"
poses. In Finland, the Consumer Ombudsman has intervened in some cases
involving marketing which have been interpreted as contravening the
Consumer Protection Act, according to which no method contrary to good
practice or which is otherwise unfair from the point of view of the
consumers shall be used in marketing. In accordance with this, "sexually
objectifying" advertising in the papers has been abandoned in some
cases.
- Even where the advertisers have used children in a more "innocent"
way, the opportunity of future exploitation has inadvertently been
created. Photographs of children in their underwear for mail order
catalogues are an easily accessible source of material for paedophiles,
and are commonly used as such, as has been revealed by the discoveries
of extensive paedophilia collections during police raids on suspects'
homes.
- Members of the British Association of Photographers who work in
advertising, fashion and publishing took part in a conference entitled "Child
Exploitation and the Media Forum" which was organized as part of
the response of the United Kingdom to the Stockholm Congress. The
Association proposed the development of a code of practice
governing the use of child models, but acknowledged that there is a
danger of taking away some of the children's innocence by
over-regulating their participation. However, they proposed some useful
guidelines to alert professionals and parents to the potential dangers.
These include the following:
(a) Photographers should avoid taking pictures of children in their
underwear;
(b) No child should ever go on a photographic shoot without a chaperone
and the chaperone should remain in the same room as the child at all
times;
(c) Strict guidelines must be enforced as to the length of time children
in different age groups may work and be kept waiting on location;
(d) Parents must be educated as to what constitutes acceptable modelling
activities. Too many parents are so keen to get their children
photographed that they ignore the potential dangers of the situations in
which their children are placed.
2. Protection of children against harmful influences through the
media
- Protection of children from the harmful influences of the media
involves two elements. The potential for direct harm to the child as
viewer of the material must be considered, as well as the less direct
but equally dangerous impact upon the behaviour of adults towards
children, when they are repeatedly exposed to material which "normalizes"
juvenile sexual activity.
- This raises the question of what can objectively be considered a
harmful influence. During the discussion day of the Committee on the
Rights of the Child, participants felt that the need for a clear
identification of "harmful influences" in the media was
essential but would be no easy task, given the ambivalent nature of many
facets of the media.
- Since the early 1990s, children in Europe have in principle been
protected against exposure to gratuitous violence on television by the
European Convention on Transfrontier Television and the EU Television
without Frontiers Directive. More recently, new developments in the
media, and events such as the paedophile murders in Belgium, which
revealed the use of the Internet to disseminate child pornography, have
increased political pressure to take additional measures to protect
minors against abuse and exposure to media content which could be
considered harmful to their development.
- In April 1997, the European Parliament and the Council of Ministers
reached an agreement on some controversial issues, among these the
so-called "V-chip" amendment proposed by the Parliament. If
accepted, this amendment would have required broadcasters to encode all
their programmes on the basis of a common classification system and
every television would have had to be fitted with a mechanism enabling
parents to filter out certain programmes. However, this legislation was
considered premature and the Parliament settled for a text urging
the Commission to carry out an investigation into the possible
advantages and disadvantages of such measures. The European Parliament's
proposal that programmes that are likely to impair the physical, mental
or moral development of minors should be preceded by an acoustic warning
or identified by a visual symbol throughout their duration was accepted
by the Council.
- In the United States of America, a new system of television ratings
referred to as "The TV Parental Guidelines" has been widely
criticized by child advocacy groups who argue for a non-judgemental
rating system which would indicate the content of the individual
programmes rather than making a recommendation on the age of the child
who should see it. Research carried out by the American organization
Mediascope on behalf of the National Television Violence Study found
that where children saw a rating entitled "PG-13: Parents Strongly
Cautioned", and "R: Restricted", they were more eager to
see the movie than when it was given a content label such as "mild
violence" or "graphic violence".
- The European Commission has repeatedly emphasized the need to
distinguish between illegal material, such as child pornography, and
other types of content, such as ordinary pornography or material
containing violence which is legal but may be harmful to children.
Illegal material falls under existing laws and can be punished
accordingly, but with regard to legal but possibly harmful material, the
Commission points out that the rules in the EU member States vary
greatly and reflect different cultural and moral standards.
- The protection of minors with regard to media content has also been
discussed in the EU Economic and Social Committee. In February 1996, the
Committee issued an "opinion" calling for a European cultural
policy for children (CES250/96), in which it wrote that it was "appalled
by the increasing violence and bad language on television affecting
children's perception and development". It urged member States to
encourage television companies to show quality programmes and to create
State institutions charged with evaluating and rewarding excellence in
children's television.
- In Eastern Europe, three days of informal talks in Slovakia among
children's media professionals resulted in the Bratislava Resolution of
1994. The International Centre of Films for Children and Young People
(CIFEJ) had invited heads of children's programming from Eastern
European television stations to meet and find ways of dealing with the
falling standards of quality programmes for children following the
formation of the new democracies. Through all the discussions,
participants agreed on many issues, including that:
(a) Small children need to hear stories told in their own languages,
reflecting people they know in places that look like home. This builds a
sense of identity and comfort;
(b) Children should be protected from images of certain kinds of
violence and abuse which are becoming increasingly common in Eastern
European productions;
(c) Children should not be treated merely as consumers; a captive
audience to whom to sell things.
- The concerns over the potential for harm from the various facets of
the media generally revolve around visual entertainment, namely
television, cinema and, now, the Internet. However, regrettably, some
communication media have been utilized not only in positive but also in
negative ways.
- One such medium is the telephone. Helplines and hotlines allow
victims to talk about their abuse, or reluctant witnesses to report what
they have seen without the emotional strain of a face-to-face meeting.
Sometimes famous television personalities have initiated, or have been
used to publicize these special lines. In the United Kingdom, a
well-known television presenter launched "Childline" through
her programme "That's Life", thereby speaking to a ready-made
huge audience. The programme had previously appealed to viewers for
their help in conducting a survey on child abuse, and the British
Broadcasting Corporation then ran a telephone helpline for 24 hours
after the programme for adults and children who wished to call. A
special permanent free telephone helpline was then established which
now, over 10 years later, provides counselling for an estimated
90,000 children and young people every year. It offers children a free
and confidential opportunity to speak about their problems. They can
remain anonymous if they choose, and are not asked to name their
abusers. The special Childline number is now widely publicized through
various means; most recently the number has been printed on the back of
bus and cinema tickets.
- Negatively, however, the telephone has been used to contribute to the
sexual exploitation of children, such as through the so-called "dial-a-porn"
or phone sex services. These services offer sexually explicit messages,
live or pre-recorded, for a fee over telephone lines. The services
emerged in the 1980s and in several countries, such as the United States
and Japan, became a large industry. Many parents in these countries were
surprised by dramatic increases in their telephone bills, and then
shocked to discover how easily their children could access these
services.
- The United States responded with Congress passing specific
legislation that criminalized certain dial-a-porn activities. For
example, the Telecommunications Act was amended to prohibit
dissemination of obscene or indecent commercial telephone services in
interstate or foreign communications to persons under 18 years of
age. Subsequently, the Federal Communications Commission determined that
dial-a-porn providers would only be able to conduct business between the
hours of 9.00 p.m. and 8.00 a.m. or must receive payment by credit card
before transmitting an adult message. Since 1983, legislative, executive
and judicial bodies of the United States Government have developed a
series of regulations and legislation, seeking a constitutionally
acceptable solution.
- By contrast, in Japan, once the telephone industry and the Government
had concluded that action was necessary, they responded by developing a
system of self-regulation. Voluntary self-regulation has been commonly
used in Japan to control sexual expression in media such as movies,
videos and computer games. Other States which have successfully avoided
regulatory measures through similarly promoting self-regulation in the
relevant industries have achieved a modicum of success in their striving
to achieve a balance between upholding the right to freedom of
expression whilst protecting the right to privacy.
- Self-regulation by the media should not be promoted as the only
possible way forward. All sectors of society, from broadcasters to
teachers, parents and children, need to be educated as to how to deal
with the media in a critical and constructive manner. Media
professionals need to become familiar with the Convention on the Rights
of the Child and to draft or amend guidelines for the media in the light
thereof. While the implementation of such guidelines should be carried
out by media professionals, citizens' associations and consumer groups
should be empowered to monitor the content of media programmes and
scheduling times.
- School and other youth forums should be used to raise children's
awareness of how to handle media issues and to explore the role of the
media as a forum for children to express themselves.
3. Respect for the integrity of the child in media reporting
- The media play an essential role in the promotion and protection of
human rights in general and media professionals, including editors and
owners, should be particularly vigilant in trying to safeguard the
integrity of the child. The working group of the Committee on the Rights
of the Child on the child and the media has focused its deliberations on
two main issues:
(a) The way in which the media should approach children;
(b) The child's access to the media.
(a) The way in which the media should approach the child
- Firstly, consideration is given to the way in which the media as
sources of information should approach children. Of equal importance is
the manner in which that information is processed. The value of the
child victim as provider of a good story is indisputable, and the media
spotlight raises awareness and often stimulates viewers to make
financial contributions in an attempt to somehow alleviate the child's
suffering, which in turn might provide the money to establish or expand
existing support programmes for children. However, all too often child
victims and the members of their families can be significantly hurt by
the process of being the focus of media attention.
- One area where extreme care must be taken is in the reporting of
sexual offences. This can have a devastating impact upon the lives of
those involved. Reporters may unwittingly compound existing problems of
sexual exploitation and further a victim's distress by the insensitivity
of their actions. At the same time, journalists who act with sensitivity
and concern for the victims on whom they report can do much to further
the healing process when the pain and anguish that has been suffered is
publicly acknowledged and efforts to restore the victim's dignity are
made. In all such situations, whether it involves interviews,
simulations or reporting of events such as sexual abuse, paramount
consideration must be given to the best interests of the child involved
and the protection of his or her privacy.
- Where criminal proceedings are initiated, the way in which the press
reports the events can affect the outcome of the trial. There have been
many instances of so-called "trial by media" where criminal
proceedings have had to be abandoned as the guarantee of a fair trial
could not be ensured due to the prejudgemental nature of the press
reports. This not only denies the victim the satisfaction of a public
acknowledgment of his or her suffering coupled with an opportunity to
see the abuser sentenced, but also denies the accused the opportunity to
defend himself against the allegations made, in a properly constituted
legal setting. Similarly, there have been cases where journalists have
unwittingly corrupted evidence by paying for stories, enabling criminals
to escape conviction on a technicality.
- The potential of the press to affect public perceptions of crimes
involving sexual abuse is not limited to the subject matter involved,
but extends to the manner in which it is reported. Many reporters appear
to place the blame upon women and girls when sexually degrading events
or crimes occur. Reports of violent rapes lose their ability to arouse
emotions of outrage and sympathy for the victims when set alongside
photographs of the victim which could be interpreted as sexually
provocative, or even when they appear in the same newspaper as pictures
of topless women. The media in some countries often appear to "confuse"
victims with perpetrators by publishing pictures of children who have
been sexually exploited and blanking out the faces of offenders.
(b) The child's access to the media
- The need to protect children from the potentially harmful influences
of certain aspects of the media must not overshadow the importance of
including children within the media forum. Children's participation
means children consenting to be the sources or subjects of reports, to
be the storytellers or actors themselves, and to make the decision
whether or not to participate. Children must be provided with an
appropriate channel of expression in order properly to contribute to
raising awareness of human rights violations suffered by children; their
active participation means that they understand the issues surrounding
the particular subject that they are involved with, rather than merely
being the passive recipients of knowledge. The fact must be recognized
that children are best placed to communicate their own needs, while not
losing sight of the notion that the child's competence to express itself
and to make judgements is a developing ability.
- One area in which child participation in the media process is being
encouraged is with the reporting of child labour issues. In the
Philippines, the International Programme on the Elimination of Child
Labour (IPEC) of the ILO programme has been searching for ways to become
more actively involved in promoting children's rights to
participation in the media and in decision-making with respect to issues
affecting their lives. Children's participation has included the use of
the talents of actual working children during location shootings,
consultations with the children concerning the purpose of the production
and the approach that should be followed, as well as eliciting
information from them about the work that they do.
- In Nairobi, a children's theatre group has grown from a group of
around 25 actors and actresses into a community of over 100 former
street children. "Shangilia Mtoto wa Africa" ("Rejoice
Child of Africa") is an awareness-raising and direct action
organization which uses theatre productions performed by children to
expose the rising predicament of street children and child labour
issues. Since the first public performance in Nairobi in 1994, the
theatre group has generated widespread publicity and strong interest and
has toured throughout Kenya and abroad. The children are provided with
informal schooling, food, accommodation and medical care and, through
their involvement with the theatre, a sense of confidence and social
achievement. The targets of the theatre productions are other street
children, adult policy makers, parents, non-governmental organizations,
and the general public through broadcasting, church congregations and
schools.[back to the contents]
C. The media and the rights of the defendant
- In concluding the analysis of the role of the media, the rights of
defendants or those implicated in child sex crimes must be considered.
Although sympathies rarely lie with those associated with such crimes,
the Special Rapporteur has been very concerned to note the number of
recent suicides as a result of investigations into allegations of child
sexual abuse. These have occurred notably in France and to a lesser
extent Australia, and resulted in criticism of the intense media
coverage of the recent widespread investigations into paedophilia in
those countries. The majority of the suicides occurred prior to trial.
In that context, the Special Rapporteur would reiterate that it is of
paramount importance to ensure that any such trial is fair, and that it
is so perceived by the defendant. Presumption of innocence must prevail
even for the most heinous crimes.
- In a similar vein, controversy continues in several countries as to
the most acceptable method of ensuring a balance between the rights of
convicted sex offenders who have served their sentence and have been
released, and the protection of the children in the neighbourhood in
which the offender intends to live.
- In the United States, neighbours of seven-year-old Megan Kanka were
outraged to hear that her killer had two previous sex convictions before
he moved into the house across the street from his victim. Megan's
mother led a campaign for laws requiring that neighbours be notified
when released sex criminals move into an area. As already mentioned
above, adaptations of "Megan's law" were passed in New Jersey
and other states. In all 50 states, a paroled sex offender must register
his residency with local authorities, and all but five states require
some form of notification when a convicted sex offender moves into a
neighbourhood.
- In the United Kingdom, the Government is considering more effective
ways of supervising sex offenders when they are released from prison,
and is in the process of setting up a national register of paedophiles.
The number of sexual offenders is unknown but is estimated to be
110,000, most of them men. The Government has so far resisted pressure
from child rights groups and concerned parents to legislate in favour of
community notification of the whereabouts of convicted offenders.
- Although the Special Rapporteur can understand the concerns of those
who want to be informed about potential threats to their children, she
feels that great caution must be exercised where States consider passing
legislation to reveal the identities of convicted offenders to the
general public. Such revelations would result in the local community
taking the law into their own hands and dispensing their own, perhaps
violent measures of justice. As a result, the offenders would be unable
to establish a permanent place of residence, which would make it very
difficult for the authorities who should always be informed of their
identities to monitor their activities.[back
to the contents]
D. New media
- In her report to the General Assembly (A/52/482), the Special
Rapporteur analysed the role of new technologies in the commercial
sexual exploitation of children and summarized the main developments and
dangers which have arisen as a result of their rapid growth. Whilst most
sectors of society are still grappling to understand the basics of how
the Internet works, many bodies are organizing themselves into forums to
consider the best ways to tackle some of the novel problems which have
developed with the rise of the Internet.
- In this chapter, the Special Rapporteur will summarize the impact of
the Internet upon the commercial sexual exploitation of children, and at
the same time consider some of the initiatives which have been taken,
nationally and internationally, and suggestions that have been made in
relation to how the problems might be resolved.
1. Children and the Internet
- The Internet is a decentralized, global medium of communication that
links people, institutions, corporations and Governments around the
world. The computer networks are owned by governmental and public
institutions, non-profit organizations and private corporations. No
single entity, academic or governmental, corporate or non-profit,
administers the Internet. There is no central point at which all the
information is stored or from which it is disseminated, and it would not
be technically feasible for any one entity to control all of the
information conveyed on the Internet.
- Whilst the Special Rapporteur recognizes and commends the educational
value of the wealth of information available on the Internet, she
expresses concern at the many ways in which children might be exposed to
danger online. The two main ways in which children can be potentially
harmed by child pornography are by being filmed/photographed or made the
subject of the pornographic material in some other way, or by being
exposed to such material as a viewer.
2. The child as the subject of pornography
- The advances in computer technology, including the use of camcorders,
video recorders, home editing desks, and computer-generated graphics and
editing, have made the creation and distribution of child pornography
easier, cheaper and more difficult to detect. It has developed into a
multi-million-dollar industry which can be run from within the
exploiter's home. The Internet can be used by paedophiles to contact
each other and they can set up bulletin boards to exchange information
relating to their sexual interest in children, or have running
conversations in the form of "chat rooms" on such subjects.
- Every photo or videotape of child pornography is evidence of that
child's abuse. The distribution of that depiction repeats the
victimization over and over again, long after the original material was
created. The suicide of a 12-year-old victim of sexual abuse in Upper Austria,
appears to have resulted not only from the trauma of the abuse, but
following his discovery of photographs of his abuse on the Internet.
- Images can be altered by computer. It is not difficult to add or
delete objects or parts of a photo to or from an image, thereby creating
pseudo-photos. A child's face can be superimposed on an adult's body,
and adult features such as breasts and genitals can be minimized so as
to make the images look like children. The distribution of the altered
image is still considered to exploit the child whose face is shown. It
is also possible to insert digital images of a person into a video in
which they have not appeared.
- Lifelike child pornography is now being created without using any
real children at all, and an unusual case in Canada in 1993 involved the
conviction of a man who had posted on the Internet images depicting him
having sex with female children, although he had never photographed or
filmed actual children or manipulated images to create pseudo-photos.
Under Canadian law, child pornography includes not only materials
involving real children, but those conveying the impression of children
involved in sex or advocating sex with a child under the age of 18. One
of the ideas behind the law was that the harm caused by child
pornography extends beyond the direct abuse of children in its
production, and such material has great potential to promote child
sexual abuse whether or not the child portrayed is a real person.
3. The child as viewer of sexually explicit material on the Internet
- Material on the Internet which is described as "sexually
explicit" includes text, pictures, and chat between users. It
includes bulletin boards, newsgroups and other forms of Internet
communication, and runs the gamut from mildly titillating to hard-core
pornography. Although surveys suggest that pornographic sites are among
those most often visited on the Internet, the number of such sites is
uncertain. Once a provider posts material on the Internet, it is
available to all other Internet users worldwide, and the provider cannot
prevent that content from entering any community. The Internet
technology gives everyone a potentially worldwide audience, although
almost all sexually explicit images are preceded by warnings as to the
content.
- Many of the concerns of those who seek to limit the propagation of
harmful or obscene material through this medium were raised at a seminar
held at the Office of the United Nations High Commissioner for
Human Rights in Geneva from 10 to 14 November 1997, to
consider the problem of racist propaganda over the Internet. Experts on
the technical and legal aspects of the Internet participated in the
seminar along with representatives of Governments, intergovernmental and
non-governmental organizations, human rights institutes and United
Nations agencies. Although the material under consideration, namely hate
speech and racism, raised different issues as far as the relevant
legislation was concerned, many points analogous to the problem of
pornography and child pornography on the Internet were considered,
especially those which related to technological matters.
- Although child pornography should never be legal and, therefore,
should, in theory, not come into conflict with freedom of expression,
such conflict does arise over racist speech and with regard to adult
pornography being viewed by minors. The concern was raised during the
seminar that if any steps were to be taken to regulate the Internet, it
must be ensured that States would not use their power to control the
Internet to further their political purposes while abusing the
fundamental right of citizens to speak freely.
- In this connection, during the General Assembly at its fifty-second
session, the Special Rapporteur was very encouraged to hear that Canada,
in follow-up to the Stockholm Conference, will be sponsoring a
conference on human rights and the Internet, to draw together work being
done in many international forums, with a focus on strategies for using
the Internet to increase respect for human rights, especially the rights
of the child.
(a) Restricting access to unwanted online material
- Two possible ways of preventing child pornography from being posted
on the Internet are through the legal system and through self-regulating
initiatives. As the development of the Internet is still in its infancy,
Governments which have attempted to regulate its use have often not
fully understood either the technology or the implications of their
actions to control it. Self-regulating initiatives, which give the users
of the Internet some responsibility over what should be removed, have
made some progress towards removing the conflict between regulation and
freedom of expression.
(b) Parental regulation
- There is no way to determine conclusively the identity or age of a
user who is accessing material through the Internet. An e-mail address
may be an "alias" or use an anonymous re-mailer. There is also
no universal listing identifying the holders of e-mail addresses, and
any such listing would rapidly be out of date. There is, therefore, no
way for a sender to know whether an e-mail recipient is an adult or a
minor. Similarly, even individuals engaging in chat room discussions
cannot ensure that all readers are adults.
- Various manufacturers have begun to build systems and have marketed
software intended to enable parents to control the material which comes
into their homes and may be accessed by their children, thereby allowing
them to enjoy the educational benefits of the Internet while shielding
them from objectionable material based on the parents' own standards.
- Some software manufacturers have started to employ people to search
the Internet for sites containing potentially offensive material, which
they then add to a list every week. For those users who have the
relevant software installed, the updated elements are automatically
added to the list of previously blocked sites.
- Other types of programs allow parents to monitor everything passing
through their computer. Parents can enter such phrases as "What's
your name?" and "What's your phone number?" in a phrase
book. When the software detects one of the targeted phrases printing
across the terminal, for example in a chat room of a commercial online
service, it immediately logs off the service. To the extent that it is
possible using the available technology to block access for children to
certain newsgroups or chat rooms, there is no method by which the
creators of newsgroups which contain discussions of normally acceptable
subjects such as art or politics, but which could potentially elicit "indecent"
contributions, can block access by minors to the "indecent"
element only, whilst still allowing them access to the remaining
content. Even security systems such as credit card verification or adult
password verification are unlikely to develop to such an extent as to be
able to ensure with certainty that the user of the password or credit
card is over 18.
- Therefore, all speech on any topic that is available to adults will
also be available to children using the Internet, unless it is blocked
by screening software running on the computer the child is using. There
is no way that a speaker can use current technology to know if a
listener is using screening software.
- The attempts by the developers of software programs to regulate
children's access to pornography, although very welcome, cannot achieve
more than very limited success as these programs can be bypassed by
users with a good knowledge of the Internet and some technical
sophistication. Even if better technical solutions become available,
this approach is inadequate because children can increasingly find
access to another computer, and their technical expertise is often far
superior to that of their parents.
(c) Self-regulation
- The establishment of a code of conduct for service providers and
users has been considered by some countries as a measure to allow
self-regulation of the Internet and prevent the transmission of
controversial material. In Australia, the Australian Broadcasting
Authority, a statutory body, has produced a report supporting a code of
conduct established by private industry, subject to registration with a
public authority. The report states that "the ABA recommends that
industry codes of practice be developed by online service providers",
infringement of which would lead to a public hearing. The ABA is also of
the view that it should have a monitoring role in relation to codes of
practice for service providers.
- In the Netherlands, the "Hotline for Child Pornography on
Internet" was created by the Dutch Foundation for Internet
Providers (NLIP), Dutch Internet users, the National Criminal
Intelligence Service (CRI), the National Bureau against Racial
Discrimination and a psychologist. Like other national hotlines that are
being set up in several countries, it operates by asking Internet users
to report any child pornography that they find. The Netherlands Hotline
tries to have a preventative attitude towards the problem, in that once
a site is reported, the Website provider will ask the issuer of the
material (if traceable) to remove it from the Internet, and will report
that person to the police if he or she fails to do so.
- The hotline has also operated to raise awareness of the risks of
spreading child pornography, including that the penalty in the
Netherlands is four years' imprisonment. Much attention has been given
to the hotline by the media, thus further stimulating the process of
awareness and prevention. Instead of being a censor, such hotlines are
intended to be regarded as initiatives against censorship by indirectly
targeting the poster of illegal child pornography instead of whole areas
of information and communication. The Special Rapporteur welcomes the
introduction of such initiatives, and would encourage States that have
not yet considered the advantages of introducing such hotlines to
explore fully the possibility of emulating this concept. She does,
however, recognize that such methods of self-regulation rely heavily
upon the willingness of those who use the Internet to take the
responsibility upon themselves to be involved in the reporting of
illegal material, rather than passively viewing whatever appears upon
their screens. For this reason the arguments in favour of some degree of
governmental regulation will continue to win a measure of support from
some States, whilst others strongly oppose it.
(d) Governmental regulation
- The anonymity which the Internet provides is its most important asset
to those users who seek to access sensitive information. As such, it
generates much support both in favour of and against governmental
attempts to curtail its effects. A user can invent virtually any
identity and route a message through different countries so that on
reaching its destination, it would be impossible to determine the
origin. It is also possible to re-route e-mail and images through what
are referred to as "anonymous re-mailers". These take incoming
messages and remove the source address, assign an anonymous
identification code number with the re-mailer's address, and forward
them to the final destination. Responses to the anonymous messages are
then similarly encoded and the responder also remains anonymous. In
Finland, one such re-mailer service was voluntarily closed down by the
operator after having been accused of paedophilia, which the operator
strongly denied. An adverse reaction to the close-down was expressed by
the British organization "The Samaritans", which counsels
people contemplating suicide and which has increasing numbers of
computer contacts, many of whom used the "re-mailer" service
to remain anonymous.
- On a less positive note, the anonymity which the Internet can bestow
upon its users is often abused, creating distressing situations for the
recipients of unwanted material. It is reported that a German professor
in Munich was just one of many recipients of an e-mail in which the
anonymous sender publicized that he had a large collection of pictures,
videotapes, posters, audio recordings and games based on child
pornography for sale. The sender also offered to buy any child
pornography which others may have had available. It is believed that
this offer was sent out to e-mail addresses all over the world. The
recipient was shocked at what he read and posted the letter on the
Internet, asking some of the questions that as yet cannot be answered:
How did the sender get his address? To whom could he complain? How could
he ensure that he never again received such electronic mail?
- Proposals made during the seminar on racism and the Internet included
the introduction of a system of mandatory signatures which would help in
identifying the origin of messages on the Internet. A number of
countries are looking at this type of system, the most likely being the
establishment of a system of domain names which would have to be
registered with a public authority. The system would be similar to
having assigned telephone numbers. However, a user could conceivably
forward a message to another site and send it from there, circumventing
national laws and making it appear that the message came from another,
innocent user.
- At the seminar several non-governmental organizations, as well as the
representative of the United States of America, urged caution with
regard to restricting the use of anonymity on the Internet. In some
countries, this anonymity is the only way to criticize the Government.
If that anonymity is lost, Governments could trace dissidents and
restrict their freedom of expression.
- In the United States, the Supreme Court recently ruled that a
federal law which sought to curb indecency on the Internet was
unconstitutional. The plaintiffs, who had included various organizations
and individuals associated with the computer and communications
industries and those who publish or post materials on the Internet,
challenged on constitutional grounds provisions of the Communications
Decency Act of 1996 (CDA). They contended that the two challenged
provisions of the CDA that were directed to communications over the
Internet which might be deemed "indecent" or "patently
offensive" for minors, defined as persons under the age of 18,
infringed upon rights protected by the First Amendment to the
Constitution and the Due Process Clause of the Fifth Amendment, in that
adults would be denied access to materials which they had the right to
see.
- Singapore has attempted to regulate the content of the Internet as
far as possible through a Class Licence Scheme, where Internet Service
Providers (ISPs) and Internet Content Providers (ICPs) are required to
block out objectionable sites as directed by the Singapore Broadcasting
Authority. Schools, libraries and other ISPs which provide Internet
access to children are required to institute a tighter level of control,
although options as to how this could be implemented have not yet been
identified. The Special Rapporteur has learned that concerns have been
expressed as to the scope and vagueness of the Internet Content
Guidelines and the effect that they might have over the right to freedom
of expression in Singapore.
- In India, the Government has attempted to prevent misuse of the
Internet by limiting access to the service to the academic world. As a
result, the Internet remains inaccessible to the individual or
commercial user. Similarly, the entry of foreign print and electronic
media into the country has provoked a controversy, with the Government
still undecided about its stand.
- In Sweden, a Bill on Responsibility for Electronic Notice-Boards
(proposition 1997/98:15) proposes that a new special law, to come into
force on 1 May 1998, should be introduced regulating such
responsibility. The law would not apply to providers of networks or
other connections for the transmission of messages, but a provider would
be obliged to give the users of his service information about his
identity and to what extent incoming messages become available to other
users. Providers would be obliged to remove or otherwise prevent
continued dissemination of certain categories of message from their
services, e.g. incitement to criminal acts, vilification of groups of
people, child pornography or the unlawful depiction of violence. A
provider would be sentenced to pay a fine if he intentionally or through
negligence did not give this required information, or did not prevent
further dissemination of a message belonging to these categories.
- Providers of electronic notice-boards would not generally be obliged
to screen all incoming messages, but if a provider is informed that he
is assisting dissemination of these categories of criminal speech he
would have to act to prevent further dissemination. Liability under the
legislation is not strict. The provider must have knowledge of the
content. This, however, raises the question of how an ISP can know
whether material was legal or not, even if the ISP was aware of it being
broadcast. It is difficult enough for a lawyer or a judge to decide, and
an ISP will generally not have the legal background to make such
decisions. It is impossible for a large server to scrutinize all
transmissions.[back to the
contents]
E. Education as a catalyst
- The Special Rapporteur has identified the role of education, whether
formal or informal, as one of the key factors in the prevention of
sexual exploitation of children, as well as in their rehabilitation. The
recent International Conference against Child Labour, held, at the
ministerial level, in Oslo, Norway, from 27 to 30 October 1997,
concluded that education is a fundamental right of children and is now
regarded as one of the key solutions in eliminating all forms of child
labour, including commercial sexual exploitation. There seems to be a
general consensus regarding how to fight commercial sexual exploitation
of children, and especially on the importance of education.
- The importance of education is not limited to children of school age.
All sectors of society, whether very young, adolescent, adult or
elderly, must be empowered with knowledge of the realities of sexual
abuse in order to protect themselves or others against it, or deal with
the consequences of their attitudes and behaviour.
- The first element of general teaching strategies is education that
lays the foundation for better health, nutrition and income-earning
capability. The principal asset of the poor, and their children, is
their labour. Without education they will have to earn their money from
jobs at the lowest grade, including prostitution. Educating the children
of the poor greatly increases their chances of escaping this vicious
circle.
- It is evident that education programmes are also a cost-effective way
of preventing sexual exploitation of children. With relatively limited
resources, using already existing structures, a vast number of people
can be reached with lasting consequences. If used together with the
media, education can have even greater effect on whole communities and
also policy makers.
1. Formal education
- There is much, sometimes heated debate as to the age at which a child
should first be taught how to protect itself from the abuse of others.
Although the child's age and level of understanding must be considered
when making a decision to empower him with this knowledge, the Special
Rapporteur considers, in the light of having received allegations that
even infants are sexually abused, that a child is never too young to be
taught the difference between right and wrong patterns of behaviour of
adults towards him or herself.
- Formal sexual health education is an effective way of reaching
children who are still in school and give them the necessary awareness
and understanding to avoid being subjected to commercial sexual
exploitation. It is, however, one aspect of education which has created
controversy, in view of differing cultures and values. Some - though not
all - religious communities are opposed to sexual health education. They
present the argument that sexual health education leads to earlier
sexual activity and to promiscuous behaviour and that it does not
necessarily prevent the spread of sexually transmitted diseases.
Promoters of sexual health education, on the other hand, claim that such
education is one of the most important tools for raising awareness among
the general public, as well as children, about the issues relating to
sexual exploitation.
- In some countries, opposition exists among representatives of
religious groups and the authorities to conducting sex education
programmes in schools or public education campaigns related to sexual
behaviour. One method of overcoming this obstacle is to target education
and training programmes at professionals working in strategic areas such
as immigration and law enforcement. It should be mentioned that the
Special Rapporteur has received information that, for example, in
Germany, the Catholic Church cooperates very closely with and actively
supports non-governmental organizations in their campaigns against child
prostitution. The Special Rapporteur particularly welcomes the
involvement of religious authorities, leaders and groups in the fight
against commercial sexual exploitation of children since this could have
far-reaching positive effects on the target audience. At the same time,
the Special Rapporteur reaffirms the importance of the preventive value
of education related to sexual behaviour and reproductive rights.
- In Chile, the Catholic Church has not opposed sex education in
schools and such programmes have been conducted. In Peru, the Education
Ministry has been developing sex education programmes. A commission of
teachers, psychologists and representatives of the Catholic Church made
notebooks with sex topics children usually asked about. The notebooks
are different according to the age of the children.
- The International Catholic Child Bureau (ICCB) reports that they have
programmes for street children and children who have been involved in
child prostitution in several countries in Asia, Africa and Latin America.
The programmes involve both preventive education and rehabilitation. In
Latin America particularly, ICCB plays a leading role in developing
strategies for the prevention of sexual abuse and exploitation through
its cooperation with other NGOs in the region.
2. Non-scholastic education
- In some countries, up to 80 per cent of the population does
not continue school beyond the primary level. It is vital that children
who are outside the school system receive some form of sex education as
it is these children who are at the greatest risk of being exploited.
These children can be found living in rural areas, in urban slums,
employed in factories, and may be refugees and migrants. Perhaps most
vulnerable of all are street children. Some estimates suggest that there
are as many as 100 million children and adolescents in the world who
are working or living on the street, often in violent and dangerous
situations.
- In Kenya, the Child Welfare Society has started a programme that aims
at rehabilitating and providing education and medical support for girls
working and living on the streets. A shelter was also set up on the
outskirts of Nairobi to provide these children with care until their
reunification with their families or full integration into society was
achieved. In, Peru the Faith and Joy (Fe y Alegria) Association provides
education to 56,000 children, emphasizing practical life and work
skills and environmental education.
- In Canada, there are several programmes aimed at children who are
involved in or are at risk of being lured into prostitution. Most of the
programmes aim to contact and help children decide whether to return
home or receive counselling, housing, education and employment. There
are education programmes to teach young people how to become "streetwise".
In Calgary, Alberta, there is a training programme called "High
Heels and Teddy Bears" for teachers, social workers and others that
explains the dynamics of child prostitution. Training programmes for
parents trying to get their children off the street also exist in
Calgary. In Winnipeg the police provide a "Guideline to
Street-proofing Children" for parents. It includes a 24-point
questionnaire to ascertain how parents communicate with their children
and how aware children are of safe behaviours under a variety of
circumstances, including how to deal with approaches of a sexual nature.
- In Thailand, the Royal Thai Government has stepped-up its efforts to
tackle the serious problem of child prostitution and child trafficking.
The Government formulated a National Policy and Plan of Action for the
Prevention and Eradication of Commercial Sexual Exploitation of
Children. The northern regions of Thailand are well-known recruitment
areas of young children. The Development and Education Programme for
Daughters and Communities Centre (DEP) has been carrying out a
preventive programme for girls at risk of being sent or recruited into
prostitution, who are given temporary shelter and are enrolled in
educational programmes. The programme provides skills training,
non-formal education and leadership training. Issues such as social
values and the development of self-esteem are also discussed. A local
academic institution, the Rachapat Institute, is trying to strengthen
cooperation between local NGOs and local government institutions. The
Institute provides training to NGOs and local teachers to enable them to
take action against child prostitution. The Special Rapporteur is very
encouraged by the programmes in Thailand which aim to tackle child
prostitution at the roots of the problem, at the local level. The
programmes are enacted with the idea that if all sectors of the local
community, including the children, are made aware of the problem and the
dangers of prostitution through education, there is a fair chance of
protecting even the children at greatest risk of being sold or
trafficked for prostitution.
- In Brazil, two projects are being implemented in Pernambucho and
Bahia to prevent children from entering prostitution by providing them
with formal education, vocational training and other activities. These
programmes are being implemented by CNI (Confedederação
Nacional da Industria) in cooperation with its member organizations. The
programme includes training courses for local NGOs and local government
officials responsible for education, health and law enforcement. In
addition, awareness campaigns to put an end to child prostitution are in
the process of being conducted through various media such as radio,
television, posters and pamphlets. The Centro de Defesa da Criança
e do Adolescente da Bahia (CEDECA/Ba) is producing a booklet on child
sexual exploitation that is to be used as training material for
institutions involved in the fight against child prostitution and
trafficking in Brazil.
3. Informal education
- Prevention of sexual exploitation of children must rest on more than
just basic information given to children. There must be an emphasis on
negotiating skills, building self-confidence, making the right decisions
and resisting peer pressure. Information and education are also not
enough; there must be a real effort to do something about the
conditions these children live in. Attempts to change public attitudes
also have to be made, since the stigmatization of children who have been
subjected to commercial sexual exploitation is a serious obstacle to
their rehabilitation and reintegration. The conclusion is that in order
to get results, education and awareness-raising have to be given to all
parts of the community. The participation of children in this process
must not be forgotten.
- Informal education can be used to reach a great number of people,
raising their awareness of the subject and changing their attitudes. For
this purpose television and radio are ideal media, radio perhaps being
the medium which is able to reach the greatest number of people in
developing countries.
- In Nepal, songs have been used to raise the awareness of the problem
of child trafficking in communities and especially among children. Songs
on the trafficking of children were written, published and widely
distributed. A musical play on the same subject was also staged in
Kathmandu for three days. In addition, a radio drama about child
prostitution and child labour was planned to be produced and broadcasted
nationwide by Radio Nepal. In 1996 IPEC sponsored a case study on a
community education project. The case study focused on certain aspects
of community education programmes in the prevention of commercial sexual
exploitation of children, namely, objectives, main components, strengths
and weaknesses, key implementing actors, the role of children, policies
and community mobilization.
- In Mozambique, an Adolescent Girl Communication Initiative has been
undertaken, similar to initiatives in 10 other countries in eastern and
southern Africa. Educating adolescent girls and their parents about the
importance of staying in school is one of the main messages. Other
issues, such as sexual harassment, HIV/AIDS, early marriage, female
genital mutilation and girls' domestic workload, are also brought up in
this radio series. In addition, animated films, comic books, story
books, audio cassettes, posters and guides have been developed. The
multi-media effort is the result of months of collaboration among
hundreds of writers, artists and researchers, and input from thousands
of people in villages and cities.
- In Thailand, the Thai Women of Tomorrow (TWT) have been active in
conducting campaigns against prostitution. A video series and campaign
modules comprising local documentaries illustrating the dangers and
risks of prostitution were developed. A video series on career
opportunities was also produced to be used by teachers in conducting
campaigns among schoolgirls in the northern provinces of the country.
The main aim was to change attitudes among girls towards their future
careers so that they will not turn to prostitution as a means of earning
income. A research and information centre on child prostitution is also
being planned. The centre would provide information, networking and
coordination, training in attitude change, education, as well as
occupational and academic support.
- The connection between child labour, including child prostitution,
HIV/AIDS and the lack of education is evident. Recent studies carried
out by the World Health Organization and the Joint United Nations
Programme on AIDS (UNAIDS) suggest that sexual health education is an
essential factor in combating HIV infection and other sexually
transmitted diseases. Education of street children, the group of
children most vulnerable to commercial sexual exploitation, is probably
the best way of providing them with the necessary knowledge and
alternative income-earning skills.
- Different studies have also reached the conclusion that appropriate
sexual health education can actually delay the start of sexual activity
amongst adolescents. This evidence also suggests that adolescents who
have received sexual health education are more likely to use
contraceptives. A number of United Nations agencies, including
UNICEF, UNHCR and UNESCO, are currently developing education
policies as a means of fighting different forms of exploitation of
children, including sexual exploitation.
- UNAIDS has identified education as a main factor in reducing HIV/AIDS
in children. Education needs to be given to both children and their
families. UNAIDS has also recently updated an earlier WHO review of
studies, mainly in Europe and North America, on the effect of sexual
health education. The review showed that responsible and safe behaviour
can be learned and that education on sexuality and/or HIV/AIDS does not
encourage increased sexual activity. Quality programmes can in fact help
delay the event of first intercourse and protect sexually active young
people from sexually transmitted disease, including from HIV/AIDS, as
well as from teenage pregnancies. Among other elements, quality
programmes feature a clear explanation of the risks of unprotected sex
and the methods, including abstinence, of reducing these risks, and help
young people practise communication and negotiation skills.
- There is also the question of how early the provision of
HIV/AIDS-related information and sexual health education should begin.
In this connection, the review found that sexual health education
is best started before the onset of sexual activity. Such early
education is believed by AIDS workers to be particularly important in
developing countries, where secondary school enrolment is much lower
than primary enrolment, especially for girls. In many countries, the
majority of children have left the school by the age of 15. Reaching
these children, many of whom are poor, illiterate and among the most
vulnerable to HIV infection, quickly enough is arguably the highest AIDS
prevention priority.
- In Zimbabwe, school sex education starts at the age of eight or nine years.
This seems very young, but according to AIDS workers there is increasing
incidence of child sex abuse, including rape, which makes it very
important to introduce the subject during that period and even earlier.
It is important for the child to understand his or her own body and
sexuality and how others may or may not touch him or her. The child
should also be educated to know whom to turn to in case of difficulties.
- In Australia, the first school-based Child Sexual Abuse Prevention
Program has been implemented. It covers topics such as the human body,
early warning signs and trust, "OK" and "not OK
touching" and self-esteem.
- In recognizing the important role children can play in protecting
themselves, it is equally important to recognize the power that many
people and institutional structures may have to prevent or allow
children to access education, information and life-skills training.
These "gatekeepers" may be parents, teachers, educators,
community and religious leaders, media professionals, policy makers or
government officials. Experience shows that when parents are provided
with the facts concerning the advantages and disadvantages of sexual and
health education, they generally agree on the need for such programmes.
It is crucial to give these "gatekeepers" the relevant
information and thus gain their cooperation in promoting early
life-skills education and protection for children. This implies the need
to provide HIV/AIDS and sexual health education also to adults.
- Despite the fact that many countries have adopted laws, few include
provisions defining the responsibilities of parents or legal guardians.
Even though poverty and lack of educational opportunities are the
primary causes of child labour, affordable education of good quality,
relevant to the needs of children and their families, is an attractive
alternative even to the poorest of families. The attraction is increased
if the link to improved employment prospects and higher income can be
made.
- It must also be noted that education can also have negative effects.
It can be used to instil gender stereotypes and bias in children.
For example, textbooks can transmit gender-stereotyped values and
attitudes and portray women as weak and passive and in traditional roles
as mothers and housewives. This kind of education leads to low
self-esteem and makes girls more vulnerable to all forms of
exploitation. General human rights education is an important factor in
making children, both girls and boys, realize their own rights, as well
as the rights of others. This leads to greater self-confidence,
tolerance and respect for the principles of equality and
non-discrimination.
4. Developments at the international level
- ILO identifies prostitution and other forms of sexual exploitation of
children as a form of forced labour, which must not be tolerated
anywhere. The proposed new ILO convention addresses child prostitution
as one of the most intolerable forms of child labour. IPEC has engaged
in the fight against child labour by helping countries create policies
and engaging in local programmes that prevent children from being lured,
coerced or trafficked into the sex trade, provide victims with
rehabilitation, repatriation and reintegration, and mobilize public
support against all forms of the practice.
- UNICEF is currently considering how best to address the issue of
sexual exploitation of children in its notes for school teachers series
and on the "Voices for Youth" Website for children. UNICEF has
also undertaken a number of training programmes targeted at
professionals such as law-enforcement officials, medical professionals
and social workers. Training programmes for the media have also been
held.
- In Bangladesh, the Government, assisted by UNICEF, is initiating
support to 35 local NGOs active in a range of alternative
programmes for working children, to use their experiences in an
education programme for over 350,000 working children. In Belgium, the
National Committee for UNICEF has encouraged the Ministry of Education
to promote awareness-raising on sexual exploitation and abuse in schools
through school curricula and education programmes. The National
Committee also formed a working group with relevant partners where the
development of prevention activities was the focus. In the Belgian
French community, a public campaign focusing on article 34 of the
Convention on the Rights of the Child was directed at raising awareness
on the abuse and sexual exploitation of children. A training centre
initiative for missing and exploited children has also been planned.
- UNESCO supports actions to call attention to the problem of
commercial sexual exploitation of children through its Street Children
and Children in Distress programmes. It has developed a number of
educational programmes for street children which include elements
concerning both the child's right to be free from sexual abuse and the
training of professionals in the work of prevention and rehabilitation.
In schools, UNESCO has been active in preventive education, and has
encouraged ministries of education to include elements of sex and AIDS
education into school curricula.
- UNHCR has asked all its field offices to draw up a plan of action to indicate
how they will address issues of sexual exploitation of children in the
future. The UNHCR Executive Committee adopted Conclusion No. 73 (XLIV)-1993
on Refugee protection and sexual violence that draws attention to this
problem. Among other things, it states that efforts must be made to
develop and organize training courses for authorities, including camp
officials, eligibility officers and others dealing with refugees, on
practical protection measures for preventing and responding to sexual
violence. Unaccompanied children and adolescents in particular are not
often visible in legal procedures dealing with refugees and asylum
seekers. This may increase their vulnerability to abuse and commercial
exploitation.[
- back to the contents]
IV. RECOMMENDATIONS
A. The media and education
- It is hard to separate the catalysts of the media and education from each
other. The Special Rapporteur believes that a combination of the most
positive elements of each catalyst creates a strong forum for
awareness-raising, with the goal of preventing abuses against children,
sexual or otherwise, through informed advocacy. Listed below are some
strategies which the Special Rapporteur urges Governments, in
cooperation with civil society and non-governmental organizations, to
adopt in their efforts to prevent and respond to commercial sexual
exploitation of children, as well as to provide recovery and
reintegration for child victims. In addition to the recommendations and
strategies which the Special Rapporteur had already made in her last
report to the General Assembly, and which could be applied to both the
media and education as catalysts in the context of commercial sexual
exploitation, the Special Rapporteur has outlined below further
recommendations to be considered by Governments, non-governmental
organizations and civil society, specifically related to the media and
to education.
1. Prevention and advocacy
(a) Publicize and popularize laws for the protection of children against
commercial sexual exploitation;
(b) Give prominent visibility to convictions of child sex offenders
under those laws, to serve as a deterrent to potential perpetrators;
(c) Reallocate budgetary support to ensure the production and
dissemination of children's books, magazines and papers, music, theatre
and other artistic expressions for children, as well as child-oriented
films and videos. Assistance through international cooperation should also
support media and art for children;
(d) Provide free compulsory primary and secondary education for
children;
(e) Mobilize the business sector to fund children's education, inter alia
through grants or scholarships;
(f) Promote a culture of rights and positive moral values for society,
especially addressing parents, children and members of their families;
(g) Sensitize and educate children to consciously detect and identify
aberrant behaviour and risk factors or situations making them vulnerable
to commercial sexual exploitation;
(h) Impart knowledge about the media, their impact and functioning in
schools at all levels. Students should be enabled to relate to and use the
media in a participatory manner, as well as to learn how to decode media
messages, including in advertising. Share good experiences from different
countries with other countries;
(i) Educate the public on the pernicious and long-lasting consequences
of any form of sexual abuse and exploitation of children;
(j) Raise awareness among leaders of mass communications and
entertainment industries with a view to sensitizing programmes and
services to the needs of children and the protection of their rights;
(k) Encourage further discussion in newsrooms and within the media
community as a whole through, inter alia, the drafting of specific
guidelines by appropriate journalist bodies, in cooperation with human
rights experts, on how to report on abuse of children and at the same time
protect the dignity of the children involved;
(l) Assemble and evaluate experiences with respect to the introduction
of voluntary ethical standards and mechanisms to encourage respect for
them, including an analysis of the effectiveness of existing codes of
conduct, professional guidelines, press councils, broadcasting councils,
press ombudsmen and similar bodies;
(m) Conduct public information campaigns to encourage children victims
or potential victims of sexual abuse to seek help and assistance and
publicize offices and agencies extending such assistance;
(n) Sensitize policy makers, legislators, civic and professional groups
and religious leaders and communities to not only the desirability but the
absolute necessity of including sex education in school curricula; sex
education, including HIV/AIDS awareness-raising, is necessary at an early
age so that children fully comprehend their responsibilities and the
consequences of their sexual behaviour, for their health and their future;
(o) Train teachers to carry out sexual health education programmes in
schools;
(p) Establish a monitoring body, composed of, inter alia, child
psychologists and social welfare officers, to approve programmes and
initiatives intended to protect and assist children victims of sexual
abuse and exploitation so as to ascertain that such programmes do not
carry any unintended or unforeseen negative repercussions on children;
(q) Consult with manufacturers of computer hardware and software
products, Internet service providers, legislators, parents and children
themselves to develop strategies for minimizing the dangers of the
Internet being used for purposes of commercial sexual exploitation of
children;
(r) Explore constructive agreements with media companies to protect
children against harmful influences. Gather facts about various attempts
at voluntary agreements with media companies on positive measures such as
not broadcasting violent programmes during certain hours and making a
clear presentation before programmes about their content, and the
development of technical devices such as "V-chips" to help
consumers block out certain types of programmes.
2. Response and intervention
- Media and education do not only play crucial roles in preventing
commercial sexual exploitation of children but also have a tremendous
capacity and a certain responsibility to provide response mechanisms to
children victims, as well as to intervene, in an informed manner, in
cases of sexual abuse of children that come to their attention. The
following recommendations are, therefore, addressed to all persons
involved in the media and education sectors, in responding to a child's
cry for help:
(a) Widely publicize mechanisms for reporting crimes against children;
(b) Widely publicize existing response mechanisms, organizations and
agencies providing assistance to children victims, such as telephone
hotlines, focal points in relevant government departments and in
educational institutions, and local communities;
(c) Sensitize media and educational personnel to the dangers of
revictimization of children victims and provide safeguards for avoiding
such dangers;
(d) Design and implement training programmes for all sectors of society
involved with children, such as teachers, parents, social workers,
law-enforcement officers and other carers for children, with a view to:
(i) Early detection of signs of physical or sexual abuse;
(ii) Interviewing and confidence-building techniques in dealing with
children victims of abuse;
(iii) Sensitization to avoid revictimization;
(e) Ensure informed and sensitive reporting of cases of child sex abuse,
in particular protecting the identity, dignity and integrity of the
victim;
(f) Sensitize the public to the needs of a child victim of sexual abuse
and exploitation so as to avoid ostracism, further revictimization or
unfair punishment;
(g) "Break the silence" by encouraging the public to inform
relevant authorities of any suspicious activities potentially endangering
children, thereby extending valuable assistance in detecting and
apprehending child sex abusers;
(h) Reinforce and foster concepts of community responsibility and
accountability in protecting and assisting children and their families;
(i) Mobilize the private sector, including computer industries, in the
fight against the commercial sexual exploitation of children through, inter alia,
making available hotlines to enable users to report potentially harmful
materials on the Internet in an effort to promote self-regulatory
controls.
3. Recovery and reintegration
- Under article 39 of the Convention on the Rights of the Child, a
child victim of any form of exploitation or abuse shall receive all
appropriate treatment and care to promote his or her physical and
psychological recovery and social reintegration, in an environment which
fosters the health, self-respect and dignity of the child. It is thus
clear that assistance to a child victim does not end with a response to
the cry for help by removing the child from an abusive situation or by
eliminating the cause of abuse. Such important intervention, some
strategies for which are outlined above, must be followed by serious
efforts to establish a healing process to redress damage already done.
Some recommendations intended to further the recovery and the
reintegration into society of child victims are outlined below:
(a) Ensure that all rehabilitation and reintegration programmes and
initiatives are professionally evaluated by child psychologists, child
psychiatrists or other qualified persons or organizations, with a view to
maximizing the benefits for children victims and eliminating any potential
harmful effects; monitor periodically the implementation of such
programmes and initiatives to ensure that children receive appropriate and
informed assistance and care;
(b) Mobilize and involve the business sector in focusing on the plight
of economically disadvantaged children with a view to taking proactive
initiatives, such as providing children victims of sexual exploitation,
prostitution and pornography with alternative income-generating
activities, apprenticeships or livelihood training possibilities;
(c) Increase efforts to reach out to children who have dropped out of the
school system and are at high risk of being exploited sexually or
otherwise. These children should be provided with shelter and education as
a means of giving them an alternative to life on the streets;
(d) Provide free counselling services for child victims and their
families to ensure reintegration of the children within their families and
their communities;
(e) Enlist the cooperation of teachers and other children victims to
facilitate the return of child victims to school, bearing in mind the
right to privacy and integrity of the child.[back
to the contents]
B. Networking between governmental and
non-governmental organizations
- As the Special Rapporteur emphasized in her report to the General Assembly,
active and effective cooperation not only between Governments and
non-governmental organizations but also between non-governmental
organizations themselves is imperative in the fight against sexual abuse
and exploitation of children. The Special Rapporteur appreciates the
fact that in many countries increased cooperative efforts are already
being extended in the promotion and protection of the rights of children
by both Governments and non-governmental organizations. The Special
Rapporteur, however, cannot but fail to note that the effective
identification and allocation of areas of responsibility and
accountability, without competition and at the national level, are yet
to be put into place. Most initiatives and programmes which the Special
Rapporteur has been able to observe function on an ad hoc basis, without
any coordination relating to networking or tapping of sources of
funding. The Special Rapporteur strongly believes that close cooperation
and openness in sharing information and experiences in protecting the
rights of children would mutually strengthen the capacities and
successes of each organization, both governmental and non-governmental.
- Some obstacles to effective networking have been observed, as
follows:
(a) Organizations, both governmental and non-governmental, frequently
embark on projects which are too far-reaching or all-encompassing to be
effective;
(b) A lack of coordination, often already at the fund-seeking stage,
leads to duplication and overlap of activities in one sector, thereby
neglecting other important areas for providing support to children;
(c) Competition for funding sources often leads to competition and
secrecy among organizations;
(d) There exists no accountability for non-implementation.
- While the Special Rapporteur recognizes that full networking is not
feasible in all circumstances, she firmly believes that such active and
effective cooperation would not only ensure that comprehensive support
is provided to children in all areas, from prevention to reintegration,
but would also considerably strengthen the individual organizations
working towards this common objective. Some recommendations to this end
are put forward below:
(a) Funding agencies and donors should ensure a willingness to fund
projects and initiatives in all areas of protecting and promoting the
rights of the child in order to maximize support to children;
(b) Funding agencies and donors should carefully evaluate the proposed
programmes against the national context and also in the framework of
activities already undertaken in related areas;
(c) Consultative meetings between Governments, funding agencies and
non-governmental organizations should be held to devise a strategy for
effective networking, including the development of a directory of
organizations working in the area of children, with descriptions of their
specific areas of activities and responsibilities;
(d) Within the United Nations system, such cooperation and coordination
to ensure maximization of resources for the benefit of children is also
called for.[back to the contents]
Notes
1. The Daily Telegraph, 4 November 1997,
London.[back to the text]
2. The Daily Telegraph, 6 May 1997, London.[back
to the text]
3. The Times, 26 July 1997, London.[back
to the text]
4. UNICEF estimate contained in the electronic
network "Street Kid List". [back
to the text]
5. The Daily Telegraph, 6 November 1997,
London. [back to the text]
6. Reuters press release, 29 July 1997.[back
to the text]
7. The Daily Telegraph, 8 November 1997,
London.[back to the text]
8. Information supplied by ECPAT.[back
to the text]
9. Ibid.[back to
the text]
10. International Herald Tribune, 23
September 1997.[back to the text]
© Copyright 1998
Office of the United
Nations High Commissioner for Human Rights
Geneva, Switzerland