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The Declaration
and Action for Agenda of the World Congress Against Commercial
Sexual Exploitation of Children (1996) provided this definition
of the practice in general:
"The commercial sexual exploitation of children is
a fundamental violation of children's rights. It comprises
sexual abuse by the adult and remuneration in cash or kind
to the child or a third person or persons. The child is
treated as a sexual object and as a commercial object. The
commercial sexual exploitation of children constitutes a
form of coercion and violence against children, and amounts
to forced labour and a contemporary form of slavery."
Commercial sexual exploitation of children consists of practices
that are demeaning, degrading and many times life-threatening
to children.
There are three primary and interrelated forms of commercial
sexual exploitation of children: prostitution, pornography,
and trafficking for sexual purposes. Other forms of
sexual exploitation of children include child sex tourism
and early marriages.
Government representatives from 159 countries, together with
non governmental organisations, Unicef and other UN agencies
have committed themselves to a global partnership against
the commercial sexual exploitation of children. The Agenda
for Action calls for improved coordination and cooperation,
prevention measures, increased protection, rehabilitation
efforts and youth participation.
The Declaration and Agenda for Action are not legally binding
documents. There are several international conventions, however,
that contain articles offering protection to children from
commercial sexual exploitation. States which ratify these
conventions are legally bound to comply with their provisions.
The most widely ratified convention, and perhaps the best
known, is the United
Nations Convention on the Rights of the Child (CRC).
Article 34 of this convention calls for State Parties to
take all appropriate measures to prevent the inducement or
coercion of a child to engage in unlawful sexual activity,
as well as to prevent the exploitative use of children in
prostitution, pornography or other unlawful sexual activities.
Article 35 of the CRC calls for State Parties to take all
appropriate measures to prevent the abduction, sale of or
traffic in children for any purpose or in any form.
An Optional
Protocol to the Convention on the Rights of the Child
that specifically addresses the commercial sexual exploitation
of children was adopted in 2000, as a supplementary document
to the CRC. It entered into force on January 18, 2002.
The International Labour Organization (ILO) includes commercial
sexual exploitation of children as one of the worst forms
of child labour under the
ILO Worst Forms of Child Labour Convention 182. The Convention
applies to all persons under the age of 18 and requires ratifying
States to "design and implement programmes of action"
to eliminate the worst forms of child labour as a priority
and "establish or designate appropriate mechanisms"
for monitoring implementation of the Convention, in consultation
with employers' and workers' organisations.
Another strategy is to reconceptualise child sexual exploitation
as 'degrading treatment' and therefore a violation of Article
7 of the International Covenant on Civil and Political Rights,
or Article 3 of the European Convention on Human Rights, or
Article 5 of the American Convention on Human Rights.
Other conventions that relate to the sexual exploitation
of children include the Convention for the Suppression of
the Traffic in Persons and of the Exploitation or the Prostitution
of Others; the Convention on the Elimination of All Forms
of Discrimination against Women; and the International Convention
against Organised Crime and its supplementary Protocols.
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