OPSC Optional protocol on sale of children children prostitution and pornography

Terminology The sale of children is defined by article 2 of the Optional Protocol as “any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration.”

Prostitution Article 2 of the OPSC defines child prostitution as “the use of a child in sexual activities for remuneration or any other form of consideration.” Meanwhile, article 3 obliges States Parties to criminalize “Offering, obtaining, procuring or providing a child for child prostitution.”

… The term “any other consideration” includes the provision of sexual services in exchange for goods, services or favors, as well as money.

Pornography Article 2 of the OPSC defines child pornography as “any representation, by whatever means, of a child engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes.” Article 3 requires States Parties to criminalize “producing, distributing, disseminating, importing, exporting, offering, selling or possessing for the above purposes child pornography as defined in article 2.”

Jurisdiction and extradition State Parties to the OPSC must adopt legislation to the effect that, if they do not extradite one of their nationals to a country that requests his/her extradition for involvement in the sale of children, child prostitution or child pornography because the crime took place in the territory of the requesting State, for example – its own courts must have jurisdiction to prosecute.

Mutual legal assistance OPSC requires that States Parties provide one another “the greatest measure of assistance in connection with investigations or criminal or extradition proceedings brought in respect of the offences set forth in article 3.

Prevention adopt or strengthen, implement and disseminate laws, administrative measures, social policies and programmer to prevent the offences referred to in the present Protocol “particular attention…to protect children who are especially vulnerable to such practices.

Decreasing of availability To take appropriate measures aimed at effectively prohibiting the production and dissemination of material advertising the offences described in the Protocol

Raising awarenes to promote awareness in the public at large, including children, through information by all appropriate means, education and training, about the preventive measures and harmful effects of the offences referred to in the present Protocol.

Protection (rights) of child victims 10 provisions on the treatment to which child victims are entitled and one provision on the rights of those who work with child victims.