On the ratification of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

Law of the Republic of Kazakhstan dated July 4, 2001 No. 219

     To ratify the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, done in New York on 6 September 2000.

     President N.Nazarbayev of the Republic of Kazakhstan    

  Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

     The States Parties to this Protocol, considering that, in order to promote the achievement of the objectives of The Convention on the Rights of the Child and the implementation of its provisions, in particular articles 1, 11, 21, 32, 33, 34, 35 Finally, it would be advisable to broaden the scope of the measures that States parties should take to ensure that children are protected from the practice of child trafficking, child prostitution and child pornography Considering also that the Convention on the Rights of the Child recognizes the right of the child to be protected from economic exploitation and from performing any work, which may pose a danger to his health or serve as an obstacle to his education, or harm his health and physical, mental and spiritual, moral and social development, Being extremely concerned about the significant and growing scale of international smuggling of children for the purposes of child trafficking, child prostitution and child pornography, being deeply concerned about the widespread and widespread the ongoing practice of sex tourism, which is particularly dangerous for children, as it directly encourages child trafficking, child prostitution and child pornography, Recognizing that a number of particularly vulnerable groups of children, including young girls, are more at risk of sexual exploitation and that the proportion of young girls is disproportionately high among sexually exploited children, concerned about the increasing availability of child pornography on the Internet and through other emerging technologies, and recalling the International Conference on combating child pornography on the Internet (Vienna, 1999), and in particular addressing it, Calling for the worldwide criminalization of the production, distribution, export, transmission, import, and intentional possession of child pornography and its advertising, and emphasizing the importance of closer cooperation and partnership between Governments and the Internet industry, considering that the elimination of child trafficking, child prostitution, and child pornography will be facilitated by adopting a comprehensive approach that takes into account all contributing factors These phenomena include factors such as underdevelopment, poverty, economic disparities, and an unequal socio-economic structure., the presence of dysfunctional families, low levels of education, urban-rural migration, gender discrimination, irresponsible adult sexual behavior, harmful traditional practices, armed conflict and child smuggling, considering that efforts should be made to raise awareness in order to reduce consumer demand for child trafficking, child prostitution and child pornography convinced also of the importance of strengthening global partnerships among all stakeholders, as well as strengthening law enforcement measures at the national level, taking into account the provisions of international legal acts in the field of child protection, including the Hague Convention on the Protection of Children and Cooperation in the Field of Intercountry Adoption, the Hague Convention on the Civil Aspects of International Child Abduction, the Hague Convention on Jurisdiction, Applicable Law, Recognition, International Labour Organization Convention No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, Encouraged by the widespread support for the Convention on the Rights of the Child, which demonstrates a broad commitment to the promotion and protection of the rights of the child, recognizing the importance of implementing the provisions of the Programme of Action for the Prevention of child trafficking, child prostitution and child pornography and the Declaration and Plan of Action, The World Congress against Commercial Sexual Exploitation of Children, adopted on August 27-31, 1996, as well as other decisions and recommendations on this issue by relevant international bodies, taking due account of the importance of traditions and cultural values of each nation for the protection and harmonious development of the child, agreed as follows:  

  Article 1

     States Parties shall prohibit the sale of children, child prostitution and child pornography, as provided for in this Protocol.  

  Article 2

     For the purposes of this Protocol: (a) Trafficking in children means any act or transaction by which a child is transferred by any person or group of persons to another person or group of persons for remuneration or any other form of compensation; (b) Child prostitution means the use of a child in sexual activities for remuneration or any other form of compensation;        c) Child pornography means any image by any means of a child performing real or simulated sexually explicit acts, or any image of a child's genitals primarily for sexual purposes.  

  Article 3

     1. Each State Party shall ensure that, at a minimum, the following acts and activities are fully covered by its criminal or penal law, regardless of whether these crimes were committed at the national or transnational level, or individually or in an organized manner: (a) In the context of trafficking in children, as defined in article 2: i) offering, transferring or receiving by any means a child for the purpose of: a. sexual exploitation of a child; b. transfer of organs of a child for remuneration; c. the use of a child in forced labor; (ii) unlawfully inducing, as mediation, consent to the adoption of a child in violation of applicable international legal instruments relating to adoption; (b) offering, receiving, transferring or providing a child for the purposes of child prostitution as defined in article 2; (c) production, distribution, distribution, import, the export, offering, sale or possession for the above-mentioned purposes of child pornography, as defined in Article 2.2. Subject to the provisions of the national legislation of the State party, similar provisions apply to attempts to commit any of these acts, as well as aiding or abetting any of these acts.        3. Each State Party shall provide for appropriate penalties for these offences, based on their severity.        4. Subject to the provisions of its national legislation, each State Party shall, where appropriate, take measures to establish the liability of legal entities for the offences provided for in paragraph 1 of this article. Taking into account the legal principles of the participating State, this liability of legal entities may be criminal, civil or administrative.        5. States Parties shall take all appropriate legal and administrative measures to ensure that all persons involved in the adoption of a child act in accordance with the provisions of applicable international legal instruments.  

  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, paragraph 1, in cases where such offences are committed on 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, paragraph 1, in the following cases: (a) when the alleged offender is a national of that State or a person whose habitual residence is in its territory; (b) when the victim is a national of this 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 grounds that the offence was committed by one of its nationals.        4. This Protocol does not exclude any criminal jurisdiction exercised in accordance with domestic law.  

  Article 5

1. The offences referred to in paragraph 1 of article 3 shall be deemed to be included as extraditable offences in any extradition treaty existing between the participating States, and shall also be included as extraditable offences in any extradition treaty concluded between them subsequently, in accordance with the conditions established by in these contracts.        2. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it does not have an extradition treaty, it may consider this Protocol as the legal basis for extradition in relation to such offences. Extradition is carried out in accordance with the conditions stipulated by the legislation of the State to which the extradition request is addressed.        3. States Parties that do not make extradition conditional on the existence of a treaty shall treat such offences as extraditable offences in their relations with each other in accordance with the conditions provided for by the legislation of the State to which the extradition request is addressed.        4. For the purposes of extradition between States Parties, such offences shall be treated as if they had been committed not only in the place where they were committed, but also on the territory of States that are required to establish their jurisdiction in accordance with article 4.5. If an extradition request is received in connection with one of the offences referred to in article 3, paragraph 1, and if the requested State Party does not or will not extradite the offender on the basis of his nationality, that State shall take appropriate measures to refer the case to its competent authorities for the purpose of initiating criminal proceedings.  

  Article 6

     1. The Participating States shall provide each other with maximum assistance in connection with investigations or criminal proceedings or extradition proceedings initiated in respect of the offences referred to in paragraph 1 of article 3, including assistance in obtaining evidence at their disposal necessary for the implementation of the said proceedings.        2. The Participating States shall implement their obligations under paragraph 1 of this article in accordance with any treaties or other arrangements on mutual legal assistance that may exist between them. In the absence of such treaties or arrangements, the participating States shall assist each other in accordance with their domestic law.  

  Article 7

     States Parties, in accordance with the provisions of their national legislation: (a) Take measures, as appropriate, to ensure the seizure and confiscation of: (i) property, such as materials, facilities and other equipment used to commit or facilitate the commission of offences provided for in this Protocol; (ii) proceeds derived from the commission of such offences(b) Comply with requests from another State Party for the seizure or confiscation of property or income referred to in subparagraph (a) (i);        (c) Take measures aimed at closing, on a temporary or permanent basis, premises used for the commission of such crimes.  

  Article 8

     1. States Parties shall take appropriate measures to protect the rights and interests of child victims of practices prohibited by this Protocol at all stages of criminal proceedings, in particular by: (a) recognizing the vulnerability of child victims and adapting procedures to recognize their special needs, including their special needs as witnesses; (b)) informing child victims about their rights, their role and the content, timing and course of legal proceedings and the decision on their cases;        (c) Ensuring that the views, needs and concerns of child victims are represented and addressed in court proceedings in accordance with the procedural rules of national law in cases where their personal interests are affected; (d) Providing child victims with appropriate support services at all stages of the proceedings;        (e) To protect, where appropriate, the privacy and identity of child victims and to take measures, in accordance with national legislation, to avoid the undesirable dissemination of information that could lead to the identification of child victims; (f) To ensure, where appropriate, the protection of child victims, as well as their families and those acting on their behalf witnesses, intimidation and the use of retaliatory measures; (g) Preventing excessive delays in the adjudication of cases and the execution of orders and orders, and providing compensation to child victims.        2. States Parties shall ensure that doubts about the true age of the victim do not prevent the initiation of criminal investigations, including investigations to determine the age of the victim.        3. States Parties shall ensure that the best interests of the child are given priority in the criminal justice system when dealing with children who are victims of offences under this Protocol.        4. States Parties shall take measures to ensure adequate training, in particular legal and psychological training, for persons working with child victims of criminal acts prohibited under this Protocol.        5. States Parties shall, where appropriate, take measures to ensure the safety and security of those individuals and/or organizations involved in the prevention and/or protection and rehabilitation of victims of such crimes.        6. Nothing in this article shall be interpreted as prejudicing or contradicting the rights of the accused to a fair and impartial trial.  

  Article 9

     1. States Parties shall adopt or strengthen, apply and promote laws, administrative measures, social policies and programmes to prevent the offences set forth in this Protocol. Special attention is paid to the protection of children, who are particularly vulnerable to such practices.        2. States Parties shall promote awareness-raising among the general public, including children, by providing information, using all appropriate means, education and training regarding preventive measures and the harmful consequences of the offences set forth in this Protocol. In fulfilling their obligations under this article, States Parties shall encourage the participation of society, and in particular children and child victims, in such awareness-raising and training programmes, including at the international level.        3. States Parties shall take all possible measures to ensure that all appropriate assistance is provided to victims of such crimes, including their full social reintegration and their full physical and psychological recovery.        4. States Parties shall ensure that all child victims of the offences set forth in this Protocol have access to appropriate procedures for obtaining compensation from those legally responsible for the damage caused, without discrimination of any kind.        5. States Parties shall take appropriate measures aimed at ensuring the effective prohibition of the production and distribution of materials promoting the crimes set forth in this Protocol.  

  Article 10

     1. The Participating States shall take all necessary measures to strengthen international cooperation through the conclusion of multilateral, regional and bilateral agreements for the prevention, detection, investigation, prosecution and punishment of perpetrators of acts related to the sale of children, child prostitution, child pornography and child sex tourism. The Participating States shall also promote international cooperation and coordination between their bodies, national and international non-governmental organizations and international organizations.        2. The Participating States shall promote international cooperation aimed at assisting child victims in their physical and psychological recovery, social reintegration and repatriation.        3. Participating States shall promote international cooperation to address the underlying causes, such as poverty and underdevelopment, that exacerbate the vulnerability of children to trafficking, child prostitution, child pornography and child sex tourism.        4. The Participating States, in a position to do so, shall provide financial, technical or other assistance within the framework of existing multilateral, regional, bilateral or other programmes.  

  Article 11

     Nothing in this Protocol affects any provisions that are more conducive to the realization of the rights of the child and which may be contained: (a) in the legislation of a State party; (b) in the norms of international law applicable to that State.  

  Article 12

     1. Each State Party shall, within two years of the entry into force of this Protocol for that State Party, submit to the Committee on the Rights of the Child a report containing comprehensive information on the measures it has taken to implement the provisions of this Protocol.        2. Following the submission of a comprehensive report, each State party shall include in the reports it submits to the Committee on the Rights of the Child in accordance with article 44 of the Convention any additional information relevant to the implementation of the Protocol. The other States Parties to the Protocol shall submit a report every five years.        3. The Committee on the Rights of the Child may request additional information from States parties concerning the implementation of this Protocol.  

  Article 13

1. This Protocol shall be open for signature by any State that is a party to the Convention or has signed it.        2. This Protocol is subject to ratification and is open for accession by any State that is a party to the Convention or has signed it. Instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations.  

  Article 14

     1. This Protocol shall enter into force three months after the deposit of the tenth instrument of ratification or accession.        2. For each State that ratifies or accedes to this Protocol after its entry into force, this Protocol shall enter into force one month after the deposit of its instrument of ratification or accession.  

  Article 15

     1. Any State Party may denounce this Protocol at any time by written notification to the Secretary-General of the United Nations, who shall thereafter inform the other States Parties to the Convention and all signatory States. The denunciation shall take effect one year after the date of receipt of such notification by the Secretary-General of the United Nations.        2. Such denunciation shall not release a State Party from its obligations under this Protocol in respect of any offence committed prior to the effective date of the denunciation. Similarly, such a denunciation in no way precludes the further consideration of any matter that is already under consideration by the Committee prior to the effective date of the denunciation.  

  Article 16  

     1. Any State Party may propose an amendment and submit it to the Secretary-General of the United Nations. The Secretary-General shall then transmit the proposed amendment to the States Parties with a request to indicate whether they favour the convening of a conference of the States Parties for the purpose of considering and voting on the proposals. If, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at that Conference shall be submitted to the General Assembly for approval.        2. An amendment adopted in accordance with paragraph 1 of this article shall enter into force upon approval by the General Assembly of the United Nations and acceptance by a two-thirds majority vote of the States Parties.        3. When an amendment enters into force, it shall become binding on those States Parties that have accepted it, while the provisions of this Protocol and any previous amendments that they have accepted shall remain binding on other States Parties.  

  Article 17  

     1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.        2. The Secretary-General of the United Nations shall transmit certified copies of this Protocol to all States Parties to the Convention and to all signatory States.  

President    

Republic of Kazakhstan     

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