Retsudvalget 2021-22
REU Alm.del Bilag 114
Offentligt
2509571_0001.png
143rd IPU Assembly
Madrid, Spain
26-30 November 2021
Legislation worldwide to combat online child
sexual exploitation and abuse
Resolution adopted unanimously by the 143rd IPU Assembly
(Madrid, 30 November 2021)
The 143rd Assembly of the Inter-Parliamentary Union,
Condemning
all forms of online child sexual exploitation and abuse,
Recalling
the universally accepted UN Convention on the Rights of the Child
and its Optional Protocol on the Sale of Children, Child Prostitution and
Child Pornography, the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the UN Convention against
Transnational Organized Crime, as well as the UN Committee on the Rights of the Child’s
Guidelines regarding the implementation of the Optional Protocol to the Convention on
the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography,
Also recalling
the Council of Europe’s widely recognized Convention on the
Protection of Children against Sexual Exploitation and Sexual Abuse (the “Lanzarote
Convention”),
Further recalling
in particular Article 19 of the Convention on the Rights of
the Child on the protection of children from all forms of violence, injury, neglect,
exploitation and abuse, including sexual abuse,
Reaffirming
that the general principles of the Convention on the Rights of the
Child, including the best interests of the child, non-discrimination, participation, survival
and development, provide the framework for all actions concerning children,
Noting
that the sale, trafficking and online child sexual exploitation and
abuse is a growing and international concern that needs cross-border collaboration and
coordination, and acknowledging that the fight against it has to be a high-priority global
initiative,
Acknowledging
the necessity of a multifaceted approach to effectively
prevent and combat online child sexual exploitation and abuse on all levels in order to
protect children from such exploitation in the first place,
E
#IPU143
Bearing in mind
the lack of a sufficient legal framework, specifically legal
provisions criminalizing all forms of online child sexual exploitation and abuse, budget,
technical expertise and workforce in many States to effectively combat online child sexual
exploitation and abuse,
Recognizing
the importance of creating awareness about the preventive
measures and harmful effects of online child sexual exploitation and abuse in the eyes of
the public, particularly parents, teachers, children and community leaders, legislatures,
law enforcement agencies and all other relevant policymakers,
 REU, Alm.del - 2021-22 - Bilag 114: IPU-resolution om bekæmpelse af online seksuelt misbrug af børn
-2-
Considering
that children’s voices are in general little or badly considered, and that
law enforcement agents and judges are still poorly or not at all informed about cases of online
sexual exploitation and abuse children can be victims of,
Acknowledging
the importance of relevant (sexual) education programmes,
communication campaigns and media literacy as a basis for prevention in any cultural milieu, as
well as education on the role that increased digital capabilities play in increasing the vulnerability of
victims and facilitating perpetrators of online child sexual exploitation and abuse,
Recognizing
the importance of information and communications technologies in
children's lives as a new tool for learning, socialization, expression, inclusion and fulfilment of the
rights of the child and fundamental freedoms, such as the right to education and the right to freedom
of expression,
Deeply concerned
by risks of new and evolving forms of violence against children,
child sexual abuse and exploitation, which are related to the use of information and
communications technologies, and by cyber-bullying,
Noting
the precarious situation of the child in cases of online child sexual exploitation
and abuse and the importance of a victim-centred approach when combatting online child sexual
exploitation and abuse, as well as child-centred rehabilitation processes,
Considering
that it often takes minors who are victims of sexual abuse, either by direct
or online exploitation, many years before they talk, if at all, about what they had gone through, and
even longer before taking any legal steps,
Mindful
that, although girls seem to be the main victims of online child sexual
exploitation and abuse, many boys are affected as well, and both must be approached differently in
terms of prevention programmes and financing,
Conscious
that child exploitation is also a commercial act and may thus be driven by
economic motivations,
Noting
that the fight against online child sexual exploitation and abuse is complicated
by the increased access to the internet, fast-moving new technologies such as cryptocurrencies
and Blockchain, with their untraceable nature in the commercial sale of child exploitation materials,
the number of online platforms and apps, as well as anonymous features of platforms, which have
made it harder to target perpetrators,
Stressing
the importance of cross-sector, multi-disciplinary and international
collaboration in the strategy to combat online child sexual exploitation and abuse, and recognizing
the existing work of organizations such as INTERPOL and the International Telecommunication
Union,
Underlining
the corporate social responsibility that private sector information and
communications technology companies must take for combatting, preventing and monitoring online
child sexual exploitation and abuse,
1.
Urges
those parliaments that have not yet done so to consider ratifying the Optional
Protocol on the Sale of Children, Child Prostitution and Child Pornography, and the
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children;
Urges
parliaments to adopt specific, comprehensive and harmonized legal frameworks
to introduce national online child sexual exploitation and abuse laws, considering
the WeProtect Global Alliance’s Model National Response as the guiding model for
legislation while maintaining protection of freedom of expression, to increase
resources allocated to this work and to exchange among themselves good practices in
this regard;
2.
 REU, Alm.del - 2021-22 - Bilag 114: IPU-resolution om bekæmpelse af online seksuelt misbrug af børn
-3-
3.
Underlines
that such a legal framework should protect all children under the age of
18 regardless of a lower age of consent for sexual activity, and stipulate that a child
cannot be considered as able to consent to engage in online child sexual exploitation
and abuse, and should include provisions to avoid re-traumatization and
re-victimization of victims throughout the investigative and judicial proceedings;
Urges
parliaments to ensure that the national legal framework includes complete
definitions and criminalization of all forms of online sexual exploitation and abuse of
children for financial gain, and of the production, possession, and distribution of child
sexual abuse materials along with repeated access to websites containing such
images; also, legislation must consider online sexual offences against children as an
extraditable offence and must establish a legal basis for mutual legal assistance
between States in respect of the investigation of online offences;
Also urges
parliaments to ensure that cross-border cooperation and coordination
between law enforcement authorities is established to prevent
known perpetrators from committing abuse in other countries, taking into account
existing efforts involving INTERPOL, the International Telecommunication Union and
other international organizations;
Calls upon
members of parliament to emphasize the need for rapid and effective
international cooperation and law enforcement responses, such as removing hurdles
preventing law enforcement agencies from sharing vital information, and to address
the growing illegal usage of cryptocurrencies to trade in child sexual exploitation
material;
Emphasizes
the importance of a strategic private sector commitment to cooperation
with law enforcement agencies including in the reporting, prevention, detection,
investigation, and prosecution of online child sexual exploitation and abuse offenders,
and of strengthening and equipping law enforcement agencies and the justice system
to ensure a child-friendly system, including specialized training in the detection and
investigation of crimes against children, as well as specialized treatment, care and
interview of child victims;
Urges
parliaments to ensure that technology companies commit to increase the
transparency and accountability measures in the prevention, moderation, reporting
and removal of online child sexual exploitation and abuse, including a safety by design
approach;
Also urges
parliaments to develop thorough infrastructure, including trained medical
professionals, to support victims of online child sexual exploitation, abuse and
blackmail in their physical and psychological recovery and social integration, whilst
ensuring a healthy and supportive reporting environment in their State, avoiding the
re-victimization of girls, boys and adolescents who have been victims of online sexual
exploitation and abuse, and ensuring sufficient financial and human resources for,
inter alia, educational programmes that are also accessible to children with
disabilities, hotlines for low-threshold reporting of suspected child sexual abuse
material and victim helplines;
Further urges
parliaments to promote media literacy for children, parents and
guardians to build knowledge and skills in using media and thus provide
protection to children and young people;
Urges
parliaments to ensure that measures to prevent and combat online child
sexual exploitation and abuse take into account the differentiated needs and
experiences of children according to their age and sex, including by ensuring their
participation in the development of such measures;
4.
5.
6.
7.
8.
9.
10.
11.
 REU, Alm.del - 2021-22 - Bilag 114: IPU-resolution om bekæmpelse af online seksuelt misbrug af børn
-4-
12.
Calls on
the IPU to draft a model law for States and formalize, in the best
interests of the child, clear legislation on combatting online child sexual
exploitation and abuse, where children’s rights, education, voices, needs and
security should take centre stage in any proceedings that affect their wellbeing;
Also calls on
the IPU to prepare a parliamentary guide that sets out clear working
mechanisms for parliaments and to discuss legislation on combatting online
exploitation and sexual abuse of children; moreover, the guide shall include
oversight tools to monitor public policies on the protection of children and include
specific mechanisms of action that are compatible with parliaments in different
regions of the world;
Recognizes
the active role of men and boys as strategic partners and allies in
changing norms and practices that motivate all forms of gender-based violence,
including online child sexual exploitation and abuse;
Requests
parliaments to undertake to promote, by all means necessary, the need
for professionals surrounding children to identify the violence committed against
them, and to mobilize these professionals to this effect, namely by providing
training to detect such violence and by making available resources for and advice
on the transmission and reporting of such alarming information;
Emphasizes
that children should never be blamed for abuse and that victim
blaming should be prevented by all possible means;
Underlines
the importance of the role of poverty, inequitable socio-economic
structures, lack of education, gender discrimination, harmful traditional practices
in online child sexual exploitation and abuse, and emphasizes the importance
of the economic empowerment of women, and therefore calls for intensifying the
international community’s efforts to combat poverty as an important entry point to
combatting such crimes;
Calls on
parliaments to legislate that companies in the digital industry develop
programmes and mechanisms to automatically identify and report any harmful
content related to online child sexual exploitation and abuse and are obliged to
detect and delete this content immediately;
Also calls on
parliaments to facilitate automated detection methods while ensuring
respect for personal integrity, bearing in mind Article 16 of the Convention on the
Rights of the Child on the right to privacy, and also Article 17 of the International
Covenant on the Civil and Political Rights, which provides for the right to privacy
and family;
Calls on
parliaments, law enforcement agencies, internet service providers and
internet infrastructure officials, including the Internet Governance Forum, to unite
and work together to establish a specific and effective mechanism that combats
all malicious activities online;
Emphasizes
the need for sustained education focusing on digital culture change
amongst youth for relevant policy makers, law enforcement agencies, education
sector and staff working with children and youth, and the public, including both
children and their parents;
Invites
the IPU to schedule periodic meetings and workshops with the UN Special
Rapporteur on the sale and sexual exploitation of children and with other
stakeholders and global activists in the fight against this
phenomenon, emphasizing global initiatives for preventing and tackling the
problem; and also invites parliaments to exchange, through IPU activities,
information regarding good practices and successful experiences in combatting
online child sexual exploitation and abuse.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.