International Law & World Order: Weston's & Carlson's Basic Documents III.D.5b Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (25 May 2000)

Author(s):  
Sabine Katharina Witting ◽  
Markus Angula

With the gazetting of the Regulations of the Child Care and Protection Act 3 of 2015, on 30 January 2019, a crucial regulatory piece of children’s rights in Namibia has finally been operationalised. However, the Act insufficiently addresses new emerging online offences against children such as the possession and distribution of child sexual abuse material, and hence leaves a considerable gap in the protection of children’s rights. As the Namibian Constitution follows a monist approach to international law, this article argues that the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography can be directly applied to complement the national legal framework to prosecute cases of possessing and disseminating child sexual abuse material, while upholding fair-trial principles.


2021 ◽  
Vol 29 (3) ◽  
pp. 731-764
Author(s):  
Sabine K. Witting

Abstract Combatting child sexual abuse on the internet requires a high level of harmonisation of both substantive and procedural laws, as online child sexual abuse is transnational by default: while the transnational nature of child sexual abuse material used to be the exception before the advent of the internet, it is now the rule. In order to prosecute and investigate online child sexual abuse across country borders, states rely heavily on extraterritorial jurisdiction clauses as well as informal and formal law enforcement collaboration channels. This paper analyses existing channels in the opsc, Budapest Convention and Lanzarote Convention, particularly against the background of the recently published crc Committee 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 (crc/c/156), and provides for concrete guidance on how to ensure that the best interests of the child in the prosecution and investigation of transnational crimes such as online child sexual abuse is the primary consideration.


2010 ◽  
Vol 18 (4) ◽  
pp. 567-583 ◽  
Author(s):  
Yanghee Lee

AbstractThe adoption of the Convention on the Rights of the Child by the UN General Assembly in 1989 marked a shift in paradigm from viewing children as the possession of parents and objects of welfare to individuals with rights. At the outset of the second millennium, two optional protocols to the Convention (Optional Protocol on Children in Armed Conflict and Optional Protocol on Sale of Children, Child Prostitution, Child Pornography) were adopted in 2000. The need for a communications procedure was suggested from the very beginning of the drafting process. This article will discuss developments leading to the establishment of an open-ended working group for the elaboration of a communications procedure, 3rd Optional Protocol to the CRC. Concerns, questions, and the discussion surrounding the scope and content of the Optional Protocol will be elaborated.


2000 ◽  
Vol 94 (4) ◽  
pp. 789-796 ◽  
Author(s):  
Michael J. Dennis

On May 25,2000, the United Nations General Assembly adopted by consensus two Protocols to the Convention on the Rights of the Child: the Protocol on the Involvement of Children in Armed Conflict (Children in Armed Conflict Protocol) and the Protocol on the Sale of Children, Child Pornography and Child Prostitution (Sale of Children Protocol).1 These instruments represent major advances in the international effort to strengthen and enforce norms for the protection of the most vulnerable children, who desperately need the world's attention. The Children in Armed Conflict Protocol deals realistically and reasonably with the difficult issues of minimum ages for compulsory recruitment, voluntary recruitment, and participation in hostilities. The Protocol raises the age for military conscription to eighteen from fifteen years, as stipulated under existing international law; obliges states parties to raise the minimum age for voluntary recruitment to an age above the current fifteen-year international standard; and requires states parties to take all feasible measures to ensure that personnel in their national armed forces who are not yet eighteen do not take a direct part in hostilities.


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