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EU Commission Proposal for a Directive on combating sexual exploitation of children

EU Commission Proposal for a Directive on combating sexual abuse, sexual exploitation of children and child pornography, repealing Framework Decision 2004/68/JHA

Summary: 29 March 2010, Brussels – Today, the European Commission adopted a proposal for a new Directive on combating sexual abuse, sexual exploitation of children and child pornography. It follows up a previous proposal tabled in 2009. The Directive, if approved, will replace current EU legislation dating from 2004 (Framework Decision 2004/68/JHA).



What is the problem to be addressed?



‘Sexual exploitation’ and ‘sexual abuse of children’ refer to different forms of acts, such as sexual relations with a child under a certain age or under coercion, child prostitution or child pornography. They are particularly serious crimes against children, who need special protection and care, and produce long-lasting and serious harm to child victims.



Children fall prey to these crimes because certain factors make them particularly vulnerable, e.g. gender, young age, disability, poverty and social exclusion, as well as the lack of a sound social support network.



What is the scale of the problem?



While there is no doubt that sexual abuse and exploitation of children is a serious problem, there is a lack of accurate and reliable statistics on the nature of the phenomenon and the numbers of children involved. This is due to differences in national definitions of different child sexual abuse and exploitation offences, very significant under-reporting by victims, and inadequate data collection mechanisms. Studies suggest that a significant number of children in Europe - between 10% and 20% - will be sexually assaulted during their childhood.



Research also suggests that this phenomenon is not decreasing over time, but rather that certain forms of sexual violence (such as abuse of teenagers) are on the rise. The child victims portrayed in pornography are getting younger and the images are becoming more and more violent.



Why is the Directive needed?



Fighting these crimes is very difficult. Children are vulnerable, ashamed and afraid to report what has happened to them. The Internet makes it easier to groom (the on-line solicitation of children for sexual purposes) children or to produce and distribute child pornography. In some cases, such as sex tourism or child pornography, abuse happens in different countries, and this, together with national differences in legislation, makes it difficult for authorities to act. Some convicted offenders go on abusing children after their sentences. Furthermore organised crime can make a high profit from it with limited risk.



National legislation covers some of these problems to varying degrees. However, it is not strong or consistent enough to provide a vigorous social response to this disturbing phenomenon.



The main EU instrument to fight against child sexual exploitation, Council Framework Decision 2004/68/JHA, introduces a minimum of approximation of Member States’ legislation. Due to the short existence of this legal framework, it has a number of shortcomings.



What is new in the proposal for a Directive?



The proposal repeals framework decision 2004/68/JHA and builds upon the 2007 Council of Europe Convention on the Protection of Children against Sexual Exploitation and provides further added value. It follows up on a 2009 Commission proposal which was being negotiated and lapsed with the entry into force of the Lisbon Treaty.



The new Directive covers action on different fronts:



      • On criminal law in general, serious forms of child sexual abuse and exploitation currently not covered by EU legislation would be criminalised, and minimum levels of penalties will be set to ensure that sanctions reflect the gravity of the crimes.



      • On developments in the IT environment, new forms of sexual abuse and exploitation facilitated by the use of the Internet would be criminalised, such as grooming or viewing child pornography without downloading the files



      • On criminal investigation and initiation of proceedings, a number of provisions would be introduced to assist with investigating offences and the bringing about of charges, in the absence of reporting by the child victim



      • On prosecution of offences committed abroad, rules on jurisdiction would be amended to ensure that child sexual abusers or exploiters from the EU face prosecution even if they commit their crimes in a non-EU country, via so-called sex tourism



      • On protection of victims, new provisions would ensure that abused children have easy access to legal remedies and do not suffer for participating in criminal proceedings e.g. by limiting the number of interviews, providing for legal aid or for a special representative



      • On prevention of offences, special programmes should be accessible for offenders to prevent them committing new offences, and prohibitions imposed on them from carrying out activities with children. These should be implemented throughout the EU. In addition, national mechanisms to block access to websites with child pornography, which are most often located outside the EU, should be put in place under the supervision of judicial services or the police.





Why is the European Commission willing to adopt a new Directive on areas already covered by the Council Framework Decision?



The Framework Decision (2004/68/JHA) on this topic currently in force introduces a minimum of approximation of national legislation, but it has a number of shortcomings. It approximates legislation only on a limited number of offences, does not address new forms of sexual abuse and exploitation using information technology, does not remove obstacles to prosecuting offences outside national territory, does not meet all the specific needs of child victims, and does not contain adequate measures to prevent offences. This calls for a substantive improvement of EU rules.



Additionally, the entry into force of the Lisbon Treaty (on 1 December 2009) provides considerable advantages for new legislation to be adopted in the field of Justice and Home affairs from now on. This also justifies the proposal for a new Directive.



Legislation will no longer need to be approved unanimously by the EU Council of Ministers (i.e. national governments). Instead, it will be adopted by a majority of Member States at the Council, together with the European Parliament. A single country will not be able to block a proposal.



Implementation at national level will also be improved. The Commission will be able to monitor the way in which Member States apply EU legislation. If it finds that EU countries violate the rules, it will be in a position to refer the case to the European Court of Justice.



    * Ref: EC10-060EN


    * EU source: European Commission


    * UN forum:


    * Date: 29/3/2010




Child sex tourism industry has boomed (eTN)

Child sex tourism industry has boomed

 

Tipps der Australischen Regierung: "Zur Bekämpfung des Kindersex im Ausland beitragen"

 Das Smarttraveller Portal der Australischen Regierung hat Tipps zur Bekämpfung von Kindersex im Ausland zusammengestellt. Per RSS-Feed bleibt man regelmäßig über Neuerungen und Neuigkeiten informiert:

Helping to Fight Child Sex Crimes Abroad
 

It is a criminal offence to engage in sexual activity with children, whether in Australia or in another country. Australian law prohibits sexual activity with children under 16 when in Australia or overseas. 

To combat child sex tourism, Australia has introduced laws that make it an offence for Australian citizens and residents to engage in sexual activity with children in foreign countries. The laws also prohibit the incitement or encouragement of these offences, or gaining benefit from them, including organising child sex tours. 
 

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Corporate Efforts to Help Eradicate Human Trafficking and Child Sex Tourism are Insufficient (socialfunds.com - part2/2)

 Statistics compiled by the United Nations Global Initiative to Fight Human Trafficking (UN.GIFT) detail the extent to which human trafficking, including forced labor and sexual exploitation, permeates the fabric of the global economy. An estimated 2.5 million people are victims of human trafficking, and 161 countries are affected. 

The majority of the 2.5 million trafficking victims are between 18 and 24 years of age, and 95% of victims experienced physical or sexual violence during trafficking. 43% of victims are used for forced commercial sexual exploitation, and 32% are used for forced economic exploitation. 

At the UN Special Session on Children in 2002, the UN estimated that 1.2 million children are trafficked every year, primarily for sexual exploitation and child labor. The underlying reason why children are susceptible to trafficking is always poverty, according to the UN. 

Global annual profits made from trafficking are estimated to be $31.6 billion, of which $15.5 billion (49%) is generated in industrialized economies. The International Labour Organization (ILO) estimates that 80% of all forced labor abuse takes place in the private economy. The remainder occurs at the hands of governments and rebel military groups. 

The globalization of the economy has resulted in the management of complex supply chains and outsourcing operations by multinational corporations. While management of human rights in their supply chains has become more of a corporate social responsibility (CSR) mandate for companies, the reputational risks associated with the use of forced labor remains considerable for many companies. A recent survey undertaken by UN.GIFT and the UN Global Compact found that the relationship between business and human trafficking remains poorly understood.

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Human Trafficking and Child Sex Tourism: Crimes of Global Proportions Intersect with Corporate Responsibility (socialfunds.com Part1/2))

 To the casual observer, responsibility for curbing the international crimes of human trafficking and child sex tourism might not seem to belong to business. Forcing individuals into slavery or indentured servitude, and traveling to mostly developing countries for the purpose of the sexual exploitation of children, might be seen as the exclusive responsibility of national governments and the rule of law instead. 

According to Lauren Compere, the Director of Shareholder Advocacy at Boston Common Asset Management, "For years, companies have pushed back against activist shareholders and said that matters of human rights are really government issues." 

But in reality, governmental intervention is often insufficient at best, and in some cases government complicity in the practices is undisguised. In Uzbekistan, for instance, children as young as twelve years old are forced into laboring in cotton fields at harvest time for long hours. Local governments in countries in Asia and Central America too often turn a blind eye to the presence of a lucrative sex tourism industry that exploits an estimated one to two million children worldwide. 

In recent years, inroads have been made in combating what the Interfaith Center on Corporate Responsibility (ICCR), a faith-based shareowner advocacy organization, has called "globalization's darkest secret." But what contribution can business make in helping to eradicate human trafficking and child sex tourism? 

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Child Sex Tourism in Southeast Asia

 Participants also said: “We commend many local, national, and regional efforts to promote the rights of the child and to combat child sex tourism. However, we witness an increasing incidence of this crime against children. We urge all sectors of society, particularly the ASEAN member states, to immediately escalate action to protect children and prosecute offenders. We recognize the importance of regional and international cooperation to ensure offenders are brought to justice.”

In the document titled, “Bali Commitment and Recommendation,” participants recognized that one of the most prominent challenges facing child sex tourism in the ASEAN region is poverty. The participants were unanimous in their belief that “poverty remains a root cause of child sex tourism.” Other factors include limited access to education, gender relations, and weak law enforcement capacity. Technological advances, in particular the pervasiveness of the Internet and child abusive images, have contributed to the current magnitude of the sexual exploitation of children. 

In addition, participants also felt that there is no international agreement on the term “child sex tourism.” They agreed that some tourism stakeholders are concerned about the possible undesirable effect on the tourism industry. “Moreover, the term may not accurately capture the phenomenon, as long-term visitors, foreign residents, and domestic travelers are increasingly committing this crime,” participants said. “An alternative term used by law enforcers is ‘traveling child sex offenders.’”

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