The Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography is a protocol to the Convention on the Rights of the Child. It requires state parties to prohibit the sale of children, child prostitution, and child pornography.
- Adopted by: United Nations General Assembly (2000)
- Entered into force: 18 January 2002
- Parties: 178 (as of April 2024)
The protocol aims to strengthen protections for children in alignment with the Convention on the Rights of the Child, requiring parties to take appropriate measures to safeguard child victims of trafficking, sexual exploitation, and other related crimes.
Purpose and Provisions
Article 1: Obligates parties to protect the rights and interests of child victims of:
- Trafficking
- Child prostitution
- Child pornography
- Child labour (especially the worst forms)
Key Provisions:
- Parties must enact domestic laws to criminalize these practices.
- Offenses must be punishable by penalties proportionate to their gravity.
- Establishes international law enforcement standards for:
- Jurisdiction
- Extradition
- Mutual legal assistance
- Investigation procedures
- Confiscation of assets
Definitions (Article 2)
Sale of children:
Any act or transaction whereby a child is transferred by any person or group to another for remuneration or any other consideration.Child prostitution:
Use of a child in sexual activities for remuneration or other consideration.Child pornography:
Any representation of a child engaged in real or simulated explicit sexual activity or any representation of the sexual parts of a child for primarily sexual purposes.
Note:
A child is generally any human being under 18, unless a lower age of majority is recognized in national law.
Parties and Reservations
Parties (as of October 2022):
178 countries, including Nigeria, United States, China, United Kingdom, India, Brazil, and South Africa.
Key Reservations:
- China: Excluded Hong Kong; included Macao.
- Denmark: Initially excluded Greenland and Faroe Islands; later withdrawn (2016).
- Netherlands: Extended gradually to Aruba, Caribbean Netherlands, and Curaçao; not applicable to Sint Maarten.
- New Zealand: Excluded Tokelau.
- Qatar: Initially reserved against Shariah conflicts; withdrawn in 2008.
- United Kingdom: Later extended to Jersey, Guernsey, and Alderney.
- Vietnam: Initially reserved on extradition provisions; withdrawn in 2009.
National Definitions of Child Pornography
Belgium and United States:
Visual representation of a child engaged in real or simulated sexual activities, or depiction of genitalia for sexual purposes.Denmark and Malaysia:
Any visual representation.Sweden:
Applies only to visual representation of sexual acts with minors, not adults posing as minors.
See Also
- Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse
- UN Special Rapporteur on the sale of children, child prostitution and child pornography
References & External Links
- Full Text: Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography(#)
- UN Treaty Collection and official ratification status pages