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«Action for the Rights of Children (ARC) Critical Issues Abuse and Exploitation CONTENTS BRIEFING NOTES FOR FACILITATORS Page Introduction Topic 1: ...»

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2. States parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end, and having regard to the relevant provisions of other international instruments, States

parties shall in particular:

(a) Provide for a minimum age or minimum ages for admission to employment;

(b) Provide for appropriate regulation of the hours and conditions of employment;

(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.

Article 33 … protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties, and to prevent the use of children in the illicit production and trafficking of such substances.

Article 35 States parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children… Article 36 States parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child's welfare.

International Covenant on Economic, Social and Cultural Rights, 1966 Article 10 (3) (3) Special measures of protection and assistance should be taken on behalf of all children and young persons without any discrimination for reasons of parentage or other conditions. Children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law. States should also set age limits below which the paid employment of child labour should be prohibited and punishable by law.

Universal Declaration on Human Rights, 1948 Article 4 No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

International Covenant on Civil and Political Rights, 1966 Article 8

1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited...

3. (a) No one shall be required to perform forced or compulsory labour; …

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ILO Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, 1999 Article 3 For the purposes of this Convention, the term "the worst forms of child labour"

comprises:

(a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict;

(b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances;

(c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties;

(d) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

Optional Protocol to the CRC on the Involvement of Children in Armed Conflict, 2000 Article 1 States parties shall take all feasible measures to ensure that members of their armed forces who have not attained the age of 18 years do not take a direct part in hostilities.

Article 2 States parties shall ensure that persons who have not attained the age of 18 years are not compulsorily recruited into their armed forces.

LEGAL PROTECTION: SEXUAL EXPLOITATION

Convention on the Rights of the Child, 1989 Article 34 States parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States parties shall in particular take all

appropriate national, bilateral and multilateral measures to prevent:

(a) The inducement or coercion of a child to engage in any unlawful sexual activity;

(b) The exploitative use of children in prostitution or other unlawful sexual practices;

(c) The exploitative use of children in pornographic performances and materials.

Article 35, 36 and 37(a) see CRC above Article 38.1 States parties undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child.

Geneva Conventions, 1949 Article 3 Common to the Four Geneva Conventions In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be

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bound to apply, as a minimum, the following provisions:

(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.

Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 1949 Article 27 Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity.





Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault.

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 1977.

Article 4.2 Without prejudice to the generality of the foregoing, the following acts against the persons referred to in paragraph I are and shall remain prohibited at any time and

in any place whatsoever:

(e) outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form or indecent assault;

Guiding Principles on Internal Displacement (Principle 11)

2. Internally displaced persons, whether or not their liberty has been restricted,

shall be protected in particular against:

(a) Rape, mutilation, torture, cruel, inhuman or degrading treatment or punishment, and other outrages upon personal dignity, such as acts of gender-specific violence, forced prostitution and any form of indecent

assault:

(b) Slavery or any contemporary form of slavery, such as sale into marriage, sexual exploitation or forced labour of children;

(c) Acts of violence intended to spread terror among internally displaced.

The Rome Statute of the International Criminal Court, 1998 Article 7.1: Crimes against humanity For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack

directed against any civilian population, with knowledge of the attack:

(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation, or any other form of sexual violence of comparable gravity;…

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Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, 2000 Article 3

1. Each State Party shall ensure that, as a minimum, the following acts and activities are fully covered under its criminal or penal law, whether these offences are committed domestically or transnationally or on an individual or organized

basis:

(a) In the context of sale of children as defined in article 2:

(i) The offering, delivering or accepting, by whatever means, a child for the purpose of: a) sexual exploitation of the child; b) transfer of organs of the child for profit; c) engagement of the child in forced labour;

(b) Offering, obtaining, procuring or providing a child for child prostitution…;

(c) Producing, distributing, disseminating, importing, exporting, offering, selling or possessing for the above purposes child pornography….

2. Subject to the provisions of a State Party's national law, the same shall apply to an attempt to commit any of these acts and to complicity or participation in any of these acts.

Article 4

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 3, para 1, when the offences are committed in its territory or on board a ship or aircraft registered in that State.

2. Each State Party may take such measures as may be necessary to establish its

jurisdiction over the offences referred to in article 3, para 1, in the following cases:

(a) When the alleged offender is a national of that State or a person who has his habitual residence in its territory;

(b) When the victim is a national of that State.

3. Each State Party shall also take such measures as may be necessary to establish its jurisdiction over the above-mentioned offences when the alleged offender is present in its territory and it does not extradite him or her to another State Party on the ground that the offence has been committed by one of its nationals.

Article 5.1 The offences referred to in article 3, para 1, shall be deemed to be included as extraditable offences in any extradition treaty existing between States parties and shall be included as extraditable offences in every extradition treaty subsequently concluded between them, in accordance with the conditions set forth in those treaties.

Article 6

1. States parties shall afford 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, para 1, including assistance in obtaining evidence at their disposal necessary for the proceedings.

2. States parties shall carry out their obligations under para 1 of the present article in conformity with any treaties or other arrangements on mutual legal assistance that may exist between them. In the absence of such treaties or arrangements, States parties shall afford one another assistance in accordance with their domestic law.

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LEGAL PROTECTION: CONTEMPORARY FORMS OF SLAVERY

United Nations Convention against Transnational Organised Crime, 2000

Article 2 - Use of terms: for the purposes of this Convention:

(a) “Organized criminal group” shall mean a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences established in accordance with this Convention, in order to obtain, directly or indirectly, a financial or other material benefit;… Protocol against the Smuggling of Migrants by Land, Sea and Air, 2000

Article 3 Use of terms: for the purposes of this Protocol:

(a) “Smuggling of migrants” shall mean the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident;… Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, 2000

Article 2 - Statement of purpose: the purposes of this Protocol are:

(a) To prevent and combat trafficking in persons, paying particular attention to women and children;…

Article 3 -Use of terms: for the purposes of this Protocol:

(a) “Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;

(b) The consent of a victim of trafficking in persons to the intended exploitation shall be irrelevant (c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in persons”…;

(d) “Child” shall mean any person under eighteen years of age.

Article 6 - Assistance to and protection of victims of trafficking in persons

3. Each State Party shall consider implementing measures to provide for the physical, psychological and social recovery of victims of trafficking in persons, including, in appropriate cases, in co-operation with non-governmental organisations, other relevant organisations and other elements of civil society…

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RECOMMENDED READINGS

General Texts

Machel, Graça (Expert of the Secretary General of the United Nations) (1996):

“Impact of Armed Conflict on Children”, Geneva, United Nations. See section on Sexual Exploitation and Gender-Based Violence on pages 20 – 23.

UNHCR (1997): “Evaluation of UNHCR’s Efforts on Behalf of Children and Adolescents”, Geneva, UNHCR. See section on Sexual Abuse, Exploitation and Abuse on pages 10 - 12.

UNHCR (1995): “Sexual Violence against Refugees: Guidelines on Prevention and Response”, Geneva, UNHCR. An important reference document, though the main focus is more on women than on children. Chapter 2 on Prevention is particularly relevant to Topic 5, while Chapter 3 on Responding to Incidents is relevant to Topic 7. (NB this should be in the Readings Section as it is generally available).

FURTHER READING

Reading on Working Children and Exploitative Child Work There are numerous readings on this topic. The following is a small selection of

some of the more recent and most useful writings:

Ennew, Judith (1994): “Street and Working Children: a Guide to Planning”, London: Save the Children. A useful guide to programme planning, with a strong emphasis on child participation. The fact that the book covers work with both street and working children is not always helpful in identifying the differences between the two groups.

Boyden, Jo, Ling, Birgitta and Myers, William (1998): “What Works for Working Children”, Florence and Stockholm: UNICEF and Rädda Barnen. A recent and comprehensive analysis of many of the key issues.

Woodhead, Martin (1998): “Children’s Perspectives on their Working Lives”, Stockholm, Rädda Barnen. A recent look at how work affects children based on participative research in six countries.

Tolfree, David (1998): “Old enough to Work, Old Enough to Have a Say: Different Approaches to Supporting Working Children”, Stockholm: Rädda Barnen. A

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collection of case studies of different programme approaches with a discussion of the key issues to emerge from a comparative analysis of them.

Readings on Child Abuse and Neglect within the Family Korbin, Jill E. (1981): “Child Abuse and Neglect: Cross-Cultural Perspectives”, Berkley, University of California Press. This is possibly the only book on child abuse and neglect which looks at the phenomena from the standpoint of many different cultures, but not specifically in relation to situations of armed conflict and forced migration. Chapter 11 - Conclusions - offers a short and useful over-view of the main findings.

WEBSITES WHO This website offers comprehensive documents on the concepts of exploitation and abuse http://www.who.int/violence_injury_prevention/vaw/infopack.htm#The girl child ILO The ILO web page on Child Labour and the new Convention.

http://www.ilo.org/public/english/comp/child/standards/index.htm Save the Children – Sweden This site contains various information on exploitation of children, and contains a link to the official site of the World Congress against Commercial Sexual Exploitation of Children.

http://www.rb.se/worldcongress/engcongressindex.htm UNICEF Useful information can be found trough UNICEF Homepage http://www.unicef.org/

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