Committee on the Rights of the Child

Concluding observations on the report submitted by the
United Kingdom of Great Britain and Northern Ireland
under article 12 paragraph 1 of the !ptional "rotocol to the
Convention on the Rights of the Child on the sale of children
child prostitution and child pornography
#
1. The Committee considered the initial report of United Kingdom of Great Britain and
Northern Ireland (CRC/C/O!C/GBR/1" at its 1##$
nd
and 1##%
rd
meetings (see
CRC/C/!R1##$ and CRC/C/!R1##%" held on %& 'a( $&1)* and adopted at the 1+&1
th
meeting* held on 1% ,-ne $&1)* the follo.ing concl-ding o/ser0ations.
I$ Introduction
$. The Committee .elcomes the s-/mission of the !tate part(1s initial report and its
.ritten replies to the list of iss-es (CRC/C/O!C/GBR/2/1/3dd.1". 4hile the Committee
appreciates the constr-cti0e dialog-e held .ith the !tate part(1s delegation* it regrets that
the delegation neither incl-ded representati0es from !cotland and Northern Ireland nor
pro0ided information on the Baili.ic5 of ,erse( .here the Optional rotocol has /een
recentl( e6tended.
%. The Committee reminds the !tate part( that these concl-ding o/ser0ations sho-ld /e
read in con7-nction .ith its concl-ding o/ser0ations on the !tate part(1s third and fo-rth
periodic report -nder the Con0ention on the Rights of the Child and initial report -nder the
Optional rotocol on the in0ol0ement of children in armed conflict adopted in Octo/er
$&&#* contained in CRC/C/GBR/CO/) and CRC/C/O3C/GBR/CO/1* respecti0el(.
). 4hile noting that the !tate part( has recentl( e6tended the Optional rotocol to the
territor( of the Baili.ic5 of ,erse( in 3pril $&1)* the Committee is concerned that the
Optional rotocol has not (et /een e6tended to all other British O0erseas Territories and
Cro.n 8ependencies. The Committee recommends that the !tate part( ta5e all meas-res to
e6tend the Optional rotocol to these territories and incl-de information in its ne6t periodic
report -nder the Con0ention* concerning the implementation of the Optional rotocol in
these territories.
9 9
3dopted /( the Committee at its si6t( si6th session ($: 'a( ;,-ne $&1)".
G<.
United Nations
CRC/C/O!C/GBR/CO/1
Convention on the
Rights of the Child
8istr.= General
1% ,-ne $&1)
Original= <nglish
%&'%NC(
UN(&I)(& '(R*I!N
CRC+C+!"*C+GBR+C!+1
II$ General observations
"ositive aspects
>. The Committee .elcomes the 0ario-s meas-res ta5en /( the !tate part( in areas
rele0ant to the implementation of the Optional rotocol* incl-ding=
(a" The adoption of the Rights of Children and ?o-ng ersons (4ales" 'eas-re
in ,an-ar( $&11 and Children1s Rights !cheme in 3pril $&1)* placing legal d-ties on all the
'inisters of the 4elsh Go0ernment to gi0e d-e regard to the rights and o/ligations in the
Con0ention on the Rights of the Child and its Optional rotocols .hen e6ercising an( of
their f-nctions@
(/" The adoption of the Criminal ,-stice 3ct (Northern Ireland" $&1%* .hich
specificall( addresses a n-m/er of iss-es in relation to h-man traffic5ing@ and
(c" The adoption of the A-man Transplantation (4ales" 3ct $&1% in ,-l( $&1%*
.here amendments afforded children the choice of appointing a representati0e to e6press
consent to organ donation.
:. The Committee f-rther notes .ith appreciation the !tate part(1s ratification of=
(a" Con0ention on the Rights of ersons .ith 8isa/ilities (CR8" in ,-ne $&&+@
and
(/" Optional rotocol to the Con0ention on the Rights of the ersons .ith
8isa/ilities in Be/r-ar( $&&+.
C. The Committee f-rther .elcomes the progress achie0ed in the creation of
instit-tions and the adoption of national plans and programmes that facilitate the
implementation of the Optional rotocol* incl-ding=
(a" The esta/lishment of a National Gro-p to tac5le !e6-al Diolence 3gainst
Children and D-lnera/le eople /( the Aome Office* .hich en0isions la-nching a ne.
national action plan in 3-t-mn $&1)@ and
(/" The g-idance on in0estigating child se6 offences p-/lished /( the National
olicing Eead for <ngland and 4ales.
#. The Committee f-rther notes .ith appreciation that the !tate part( has iss-ed a
standing in0itation to the UN !pecial roced-res in 'arch $&&1.
III$ &ata
&ata collection
+. The Committee is serio-sl( concerned that the !tate part( has not esta/lished a
comprehensi0e data collection s(stem to ena/le the identification* recording* referral and
follo.F-p at the national and local le0el of all offences -nder the Optional rotocol and to
anal(se and assess progress in the implementation of the Optional rotocol. 4hile noting
the e6istence of the National Referral 'echanism (NR'"* the Committee is concerned that
the data are not disaggregated /( region* are limited to the cases of child traffic5ing and
that other offences co0ered -nder the Optional rotocol are not identified* recorded or
follo.edF-p.
1&. )he Committee recommends that the *tate party develop and implement a
comprehensive and systematic mechanism of data collection analysis monitoring and
impact assessment of all the areas covered by the !ptional "rotocol throughout its
,urisdiction including in *cotland and Northern Ireland$ )he data should be
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disaggregated inter alia by se- age national and ethnic origin geographical location
and socio.economic status /ith particular attention to children in the most vulnerable
situations$ &ata should also be collected on the number of child victims provided /ith
recovery assistance and the number of prosecutions and convictions disaggregated by
the nature of the offence$ )he Committee also recommends that the *tate party
coordinate data collection throughout its ,urisdiction and establish a system of
common indicators /hen collecting data for different regions$
I'$ General measures of implementation
General principles of the Convention on the Rights of the Child
0arts$ 2 1 2 and 123
4egislation
11. 4hile noting the n-mero-s la.s adopted in relation to the Optional rotocol*
partic-larl( in <ngland and 4ales* the Committee is concerned that s-ch efforts ha0e
foc-sed almost e6cl-si0el( on traffic5ing and that there is no comprehensi0e legislation
that addresses all the offences co0ered -nder the Optional rotocol* s-ch as the sale of
children. The Committee is f-rther concerned that the e6isting legislation has /een
de0eloped separatel( and in a fragmented approach in the !tate part(1s de0ol0ed
administrations* res-lting in inconsistencies in the application of the o/ligations -nder the
Optional rotocol thro-gho-t its 7-risdiction. The Committee is f-rther concerned that
certain offences listed -nder the !e6-al Offences 3ct $&&% for <ngland and 4ales and the
!e6-al Offences (Northern Ireland" Order $&&# co0er children onl( -nder the age of 1% or
1: (ears .hile children /et.een 1: to 1# (ears are left o-tside the am/it of these la.s.
1$. )he Committee strongly recommends that the *tate party ensure that all types
of offences under the !ptional "rotocol including the sale of children child
traffic5ing child prostitution and child pornography are covered under a
comprehensive piece of legislation and that it ensures a consistent application of all
the obligations under the !ptional "rotocol throughout its ,urisdiction including in
Northern Ireland and *cotland$ )he Committee specifically recommends that6
0a3 )he definition of sale of children /hich is similar but not identical to
that of traffic5ing in persons is amended in all national legislation of (ngland 7ales
*cotland and Northern Ireland in order to ade8uately implement the provision on
sale contained in the !ptional "rotocol9 and
0b3 )he e-isting legislation particularly *e-ual !ffences %ct 2::1 the
*e-ual !ffences 0Northern Ireland3 !rder 2::; and the proposed <odern *lavery
Bill for (ngland and 7ales is amended and harmoni=ed to ensure that all children
under the age of 1; years of age are protected against all types of offences covered
under the !ptional "rotocol$
National plan of action
1%. 4hile .elcoming the e6istence of 0ario-s plans of action in relation to the Optional
rotocol* in partic-lar the 3ction lan on the 4or5 of the National Gro-p on !e6-al
Diolence 3gainst Children and D-lnera/le eople and A-man Traffic5ing !trateg(* and the
proposed 'odern !la0er( 3ction lan* the Committee is ne0ertheless concerned /( the
lac5 of a comprehensi0e plan and a -nified national strateg( to address all iss-es co0ered
-nder the Optional rotocol.
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1). )he Committee recommends that the *tate party develop and adopt a unified
comprehensive and overarching national plan of action and a strategy for the
implementation of the !ptional "rotocol throughout its ,urisdiction and that such
national plan of action is provided /ith ade8uate human technical and financial
resources for its implementation$ )o this end the *tate party should pay particular
attention to the implementation of all provisions of the !ptional "rotocol ta5ing into
account the &eclaration and %genda for %ction and the Global Commitment adopted
at the >irst *econd and )hird 7orld Congresses against *e-ual (-ploitation of
Children held in *toc5holm in 1??2 in @o5ohama in 2::1 and in Rio de Aaneiro in
2::;$
Coordination and evaluation
1>. The Committee is concerned a/o-t the lac5 of coordination /et.een 0ario-s
go0ernments* instit-tions and other /odies across the !tate part( in dealing .ith cases of
sale of children* child prostit-tion* and child pornograph(. In this regard* the Committee is
concerned that the !tate part( lac5s a national mechanism for the o0erall coordination of
the implementation and e0al-ation of acti0ities -nder the Optional rotocol. The
Committee f-rther notes .ith concern the comple6 lines of acco-nta/ilit( and coordination
for the implementation of the Optional rotocol in <ngland and 4ales* .ith the Aome
Office retaining control o0er the antiFtraffic5ing strateg(* and the 8epartment for <d-cation
and local go0ernments holding responsi/ilit( for the care and s-pport of child 0ictims*
incl-ding traffic5ed children* .hich res-lts in differences in foc-s and approach in handling
cases of sale of children* child prostit-tion* and child pornograph(.
1:. )he Committee recommends that the *tate party designate a unit /ith high.
level authority and capacity of providing leadership and effective general oversight
for the monitoring and evaluation of activities under the !ptional "rotocol across
sectoral ministries and from the central to local levels of the government and provide
it /ith ade8uate human technical and financial resources for its effective functioning$
)he Committee also recommends that the *tate party ensure better coordination
among the various governments across the four ,urisdictions /hile developing and
implementing legislations and policies for the implementation of the !ptional "rotocol
to ensure consistency in their approach$
Independent <onitoring
1C. The Committee notes the proposal in the draft 'odern !la0er( Bill to esta/lish an
3ntiF!la0er( Commissioner. Ne0ertheless* the Committee is concerned that the
Commissioner ma( not /e pro0ided .ith s-fficient reso-rces* a ro/-st mandate and
stat-tor( independence to effecti0el( f-lfil its role.
1#. )he Committee recommends that the *tate party ensure that the proposed
%nti.*lavery Commissioner is provided /ith sufficient resources and a robust
mandate and is fully independent to effectively fulfil its role and ensure protection of
childrenBs rights under the !ptional "rotocol$ )he Committee further recommends
that the *tate party include a provision in the draft <odern *lavery Bill /hich /ould
allo/ the %nti.*lavery Commissioner to report directly to the relevant parliaments$
&issemination and a/areness.raising
1+. The Committee notes that the go0ernments across the !tate part( ha0e partnered
.ith 0ario-s gro-ps to prod-ce and disseminate p-/lic information a/o-t child se6-al
e6ploitation and traffic5ing. It also notes that the !tate part( has la-nched p-/lic a.areness
campaigns* s-ch as GThis is 3/-se1* .hich aims to pre0ent children from /ecoming 0ictims
and perpetrators of a/-se. Ne0ertheless* the Committee is concerned that s-ch efforts do
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not foc-s on all offences and iss-es co0ered /( the Optional rotocol* s-ch as sale of
children in the conte6t of transfer of organs* engagement of children in forced la/o-r or for
the p-rposes of adoption. It is also concerned that the !tate part( lac5s a s(stematic and
comprehensi0e approach to the dissemination of the Optional rotocol* .hich has
contri/-ted to a lo. le0el of -nderstanding and a.areness of the Optional rotocol among
the go0ernment agencies* police* 7-diciar(* p-/lic* children themsel0es* and professional
gro-ps .or5ing .ith children.
$&. )he Committee recommends that the *tate party strengthen its efforts to ma5e
the provisions of the !ptional "rotocol /idely 5no/n to the public at large including
to children in a child.friendly manner their families and communities$ )he
Committee also urges the *tate party to6
0a3 *ystematically incorporate issues related to the !ptional "rotocol into
the curricula of primary and secondary schools9 and
0b3 &evelop in close cooperation /ith civil society organi=ations the media
the private sector communities and children a/areness.raising programmes
including campaigns on issues covered by the !ptional "rotocol$ )hese programmes
should be made available in all ,urisdictions of the *tate party and in forms that are
accessible to children$
)raining
$1. The Committee appreciates the 0ario-s training acti0ities on se6-al e6ploitation of
children and child traffic5ing* incl-ding thro-gh the Child <6ploitation and Online
rotection Centre* to professionals .or5ing .ith children. The Committee also notes that in
!cotland the Child rotection Committees (CCs" ens-re that the training needs of all staff
in0ol0ed in child protection are met. Ao.e0er* the Committee is concerned that efforts to
pro0ide m-ltidisciplinar( training to professionals .or5ing .ith and for children are neither
s(stematic nor adeH-ate* do not incl-de all areas co0ered /( the Optional rotocol and do
not reach the frontline professionals .or5ing .ith children* in partic-lar health care
professionals and local police officials. The Committee is also concerned that reso-rces to
meet the cost of training on iss-es co0ered /( the Optional rotocol are not adeH-ate in the
!tate part(.
$$. )he Committee urges the *tate party to strengthen its multidisciplinary
training on the !ptional "rotocol especially for members of the police health
professionals ,udges prosecutors and social /or5ers at all levels of the governments
across the *tate party$ )he Committee further urges the *tate party to earmar5 the
necessary resources to conduct such training and systematically plan and evaluate its
impact$
%llocation of resources
$%. The Committee regrets the lac5 of clearl( identifia/le /-dget allocations assigned to
acti0ities designated to implement the Optional rotocol* in partic-lar .ith regard to the
pre0ention of offences and the pro0ision of assistance to child 0ictims.
$). )he Committee recommends that the *tate party ta5e all possible measures to
ensure that sufficient resources are allocated e8uitably throughout the *tate party for
the implementation of all areas covered by the !ptional "rotocol by providing in
particular the necessary human technical and financial resources for the
development and implementation of programmes aimed at the prevention protection
physical and psychological recovery and social integration of victims as /ell as the
investigation and prosecution of the offences covered by the !ptional "rotocol$ )he
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Committee further recommends that the *tate party provide information about the
steps ta5en in this area in its ne-t periodic report under the Convention$
'$ "revention of the sale of children child prostitution and
child pornography 0art$ ? paras$ 1 and 23
<easures adopted to prevent offences prohibited under the "rotocol
$>. The Committee notes as positi0e the n-m/er of reforms made /( the !tate part(*
follo.ing the Office of the Children1s Commissioner InH-ir( into Child !e6-al
<6ploitation /( Gangs and Gro-ps* to pre0ent child se6-al e6ploitation in gangs and gro-ps
in <ngland and 4ales. The Committee also notes the .or5 of the National Crime 3genc(
(NC3" and specificall(* the Child <6ploitation and Online rotection Centre (C<O"
.ithin the NC3 to help identif( the main ris5s to children and pre0ent them from /ecoming
0ictims of se6-al e6ploitation. Ao.e0er* the Committee is strongl( concerned that in the
a/sence of the Eegislati0e Consent 'otion* the NC3 does not ha0e po.ers in the de0ol0ed
sphere in Northern Ireland and therefore the C<O* integrated .ithin the NC3* is not f-ll(
operational in Northern Ireland. The Committee is f-rther concerned a/o-t=
(a" The fact that the !tate part( has closed h-ndreds of !-re !tart childrenIs
centres* .hich pro0ide instr-mental s-pport to children and their families in 0-lnera/le
sit-ations and help to deal .ith the -nderl(ing root ca-ses of the sale of children* child
prostit-tion and child pornograph(* s-ch as po0ert(@
(/" Ins-fficient meas-res to address potential a/-sers of children@
(c" The lo. n-m/er of prosec-tions and con0ictions against indi0id-als .ho
commit crimes -nder the Optional rotocol@
(d" The lac5 of a clear m-ltiFagenc( s(stem to identif( and respond to children
.ho are at a partic-lar ris5 of /eing 0ictims of the offences* s-ch as children reported as
missing* those forci/l( traffic5ed .ithin the !tate part( or children in instit-tions*
especiall( in Northern Ireland@ and
(e" The fact that despite stat-tor( g-idance stating that G/ed and /rea5fast1 t(pe
of accommodation is not s-ita/le for -naccompanied migrant children* as(l-mFsee5ing and
traffic5ed children .ho are 0-lnera/le to e6ploitation* the( are contin-ed to /e ho-sed in
s-ch accommodation.
$:. )he Committee urges the *tate party to continue its efforts to provide effective
protection of children in vulnerable situations from all forms of e-ploitation and
ensure effective local collaboration strategic planning and training to implement the
programme of reforms initiated in (ngland and 7ales$ )he Committee also urges the
*tate party to establish safeguards to ensure that devolution does not lead to
discrimination in the en,oyment of rights by children in different regions and that
mechanisms such as the Child (-ploitation and !nline "rotection Centre are
e-tended to Northern Ireland to ensure the full implementation of the !ptional
"rotocol throughout the *tate partyBs ,urisdiction$ )he Committee specifically
recommends the *tate party6
0a3 Immediately stop all further closures of *ure *tart childrenEs centres and
ta5e all necessary measures to increase budget and provide ade8uate resources for
accessible and 8uality services in these centers9
0b3 "ut in place tailored measures to target potential abusers of children9
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0c3 "rovide more resources and systematic training on investigations to la/
enforcement agencies to improve prosecution and conviction rates for crimes under
the !ptional "rotocol9
0d3 &evelop prevention programmes targeting children in the most
vulnerable situations such as children in street situations children in contact /ith or
lin5ed to gang members or groups 0particularly in (ngland3 irregular migrant
children and children living in residential institutions$ "articular attention should be
given to prevent them from becoming victims of physical and se-ual abuse9 and
0e3 (nsure that unaccompanied asylum.see5ing children irregular migrant
children and child victims of traffic5ing are entitled to special protection and care and
that they are provided /ith safe and ade8uate accommodation$ )he *tate party
should also ensure that care arrangements made for such children are regularly
supervised and assessed by 8ualified persons to ensure the childBs physical and
psychosocial health protection against violence or e-ploitation$
'I$ "rohibition of the sale of children child pornography
and child prostitution and related matters 0arts$ 19 C paras$ 2
and 19 D9 2 and F3
(-isting criminal or penal la/s and regulations
$C. The Committee is concerned that -nder the !e6-al Offences 3ct $&&%
applica/le in <ngland and 4ales* and the !e6-al Offences (Northern Ireland" Order
$&&#* for certain gra0e offences of se6-al e6ploitation of children /et.een 1% and 1:
(ears of age* s-ch as meeting a child follo.ing se6-al grooming* engaging in se6-al
acti0it( .ith a child* arranging or facilitating a child se6 offence* the defendant ma(
claim that he/she /elie0ed the 0ictim to /e a/o0e 1# (ears. The Committee is f-rther
concerned that it is then for the prosec-tion to pro0e that the defendant did not
reasona/l( /elie0e this* .ith the ris5 of f-rther crossFe6aminations of child 0ictims
and their conseH-ent reF0ictimiJation.
$#. 4hile the Committee notes as positi0e the !tate part(1s c-rrent effort to introd-ce a
'odern !la0er( Bill in <ngland and 4ales to consolidate the e6isting pro0isions in relation
to traffic5ing and to de0elop a separate legislation to com/at h-man traffic5ing in !cotland*
it is serio-sl( concerned that these efforts foc-s almost e6cl-si0el( on traffic5ing and do
not co0er all offences co0ered -nder the Optional rotocol. The Committee is partic-larl(
concerned that=
(a" The draft 'odern !la0er( Bill (hereafter* the Bill" lac5s legislati0e foc-s on
children and it does not define certain t(pes of crimes* s-ch as forced la/or and transfer of
organs of the child for profit as the sale of children in accordance .ith article $ and % of the
Optional rotocol@ and
(/" The Bill does not c-rrentl( ta5e into acco-nt or address an( of the partic-lar
0-lnera/ilities and needs of child 0ictims.
$+. )he Committee reminds the *tate party that under the !ptional "rotocol
the term GchildG applies to all persons under the age of 1; years and therefore
it urges the *tate party to revise its legislation to ensure that all children up to
1; years of age are protected from all types of offences covered by the !ptional
"rotocol$ >urthermore the Committee urges the *tate party to6
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0a3 (nsure that in the rebuttable presumption of the *e-ual !ffences %ct
2::1 it includes a provision that for child victims the burden of proof /ould be
reversed9 and
0b3 )horoughly revie/ the draft <odern *lavery Bill to ensure that it
includes all the types of crimes defined under article 2 and 1 of the !ptional
"rotocol such as forced labour transfer of organs and adoption of the child for
profit as the sale of children and addresses particular vulnerabilities and needs
of child victims$
Child )raffic5ing
%&. The Committee is strongl( concerned that tho-sands of children contin-e to /e
traffic5ed e0er( (ear in the !tate part(* partic-larl( for se6-al e6ploitation and la/o-r* and
it e6presses its deepest concern a/o-t reports that h-ndreds of children ha0e /een a/d-cted
from their families in 3frica and traffic5ed to the !tate part( for /r-tal religio-s rit-als*
s-ch as the soFcalled 0oodoo and 7-7- rit-als. The Committee is partic-larl( concerned that=
(a" The n-m/er of prosec-tions and con0ictions of perpetrators of traffic5ing and
other offences -nder the Optional rotocol is e6tremel( lo. across the !tate part(* leading
to imp-nit( for perpetrators* and that the prosec-tors often choose to charge perpetrators of
h-man traffic5ing .ith other offences* s-ch as rape or a/d-ction to sec-re con0ictions@ and
(/" 4hile -nder the rotection of Breedoms 3ct $&1$* a nonFnational .ho
arranges the traffic5ing of a child o-tside the 7-risdiction of the !tate part( commits a crime
in <ngland and 4ales* the 3ct does not e6tend to Northern Ireland.
%1. )he Committee urges that the *tate party strengthen the capacity of la/.
enforcement authorities and ,udiciary to detect and prosecute traffic5ing of children
for labour se-ual and other forms of e-ploitation including for religious rituals$ )he
Committee further recommends that the *tate party enact a specific legislation on
child traffic5ing in accordance /ith the !ptional "rotocol and the "rotocol to
"revent *uppress and "unish )raffic5ing in "ersons especially 7omen and Children
0UN "alermo "rotocol3 and ensure that the crime of child traffic5ing is defined
consistently and prosecuted throughout the *tate party$
Child se- tourism
%$. The Committee is deepl( concerned that the !tate part(1s citiJens* incl-ding some
con0icted se6 offenders .ho ha0e set -p children1s orphanages and charities in other
co-ntries* tra0el and se6-all( a/-se children a/road. B-rthermore* the Committee is
concerned a/o-t the findings of the recent re0ie. of the !e6-al Offences 3ct $&&% (the
8a0ies Report"* commissioned /( the 3ssociation of Chief olice Officers* that the !tate
part(1s la. and e6traF7-risdictional policing arrangements fail /oth to pre0ent British se6
offenders from tra0elling and to prosec-te them .hen the( commit offences a/road* p-tting
children at ris5 of e6ploitation and a/-se /( British to-rists.
%%. )he Committee urges the *tate party to6
0a3 Urgently implement the recommendations of H)he &avies ReportB and
revie/ its legislation including the *e-ual !ffences %ct 2::1 to prevent se-ual
e-ploitation of children abroad by British se- offenders9
0b3 (stablish a single speciali=ed police unit directed at e-tra.territorial
se-ual offending against children to investigate such offences and provide ade8uate
training and resources to investigate and prosecute such offences9
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0c3 )a5e all necessary measures legal and institutional to strengthen
identification investigation and prosecution of the *tate partyBs nationals involved in
se-ual e-ploitation of children abroad and ta5e all necessary measures to restrict
movements of convicted or alleged child se- abusers from leaving the *tate party
including by imposing stricter travel bans9 and
0d3 Conduct advocacy /ith the tourism industry on the harmful effects of
child se- tourism /idely disseminate the 7orld )ourism !rgani=ation 0UN7)!3
Global Code of (thics for )ourism among travel agents and tourism agencies and
encourage these enterprises to become signatories to the Code of Conduct for the
"rotection of Children from *e-ual (-ploitation in )ravel and )ourism and to report
publicly on their efforts to prevent child se- tourism$
(-traterritorial ,urisdiction
%). The Committee is concerned that the !tate part(1s legislation in <ngland and 4ales
does not esta/lish e6traterritorial 7-risdiction for all the offences referred to in article )*
paragraph $* of the Optional rotocol. The Committee is f-rther concerned that the
application of e6traterritorial 7-risdiction in the !tate part( is s-/7ect to the reH-irement of
do-/le criminalit(.
%>. )he Committee recommends that the *tate party ta5e steps to ensure that
domestic legislation throughout the *tate party including in its devolved
administrations enables it to establish and e-ercise e-traterritorial ,urisdiction
/ithout the criterion of double criminality over all the offences under the !ptional
"rotocol$
(-tradition
%:. The Committee notes as positi0e that in cases .here there is no other treat( /asis for
e6tradition* !ection 1+% of the <6tradition 3ct $&&% pro0ides the frame.or5 for the UK to
ha0e e6tradition relations .ith parties to international con0entions* of .hich the !tate part(
is also a signator(. It is ho.e0er concerned that the do-/le criminalit( principle m-st /e
satisfied /efore e6tradition can /e considered. The Committee f-rther notes .ith concern
that in !cotland* !ection >> of the !e6-al Offences (!cotland" 3ct $&&+ and section ): of
the Criminal ,-stice and Eicensing (!cotland" 3ct $&1& lac5 legal pro0isions for e6tradition
of indi0id-als in circ-mstances .here the 0ictim is a British national* /-t the offence is
committed o-tside !cotland.
%C. )he Committee recommends that the *tate party /ithdra/ the double
criminality re8uirement for e-tradition for all the crimes under the !ptional "rotocol$
)he Committee further recommends that the *tate party invo5e the !ptional protocol
as a legal basis for e-tradition including in *cotland even if no bilateral agreement
e-ists$
'II$ "rotection of the rights of child victims 0arts$ ; and ?
paras$ 1 and C3
<easures adopted to protect the rights and interests of child victims of offences
prohibited under the !ptional "rotocol
%#. The Committee notes as positi0e the information pro0ided /( the !tate part( that it
is re0ie.ing the process of identification and s-pport for child 0ictims* partic-larl( the
National Referral 'echanism* and it has recentl( esta/lished personal ad0ocates for child
0ictims of traffic5ing on a trial /asis. The Committee also notes that the !tate part( has
?
CRC+C+!"*C+GBR+C!+1
ta5en a 0ictim.centred approach to the draft 'odern !la0er( Bill and introd-ced a stat-tor(
defence to allo. for the nonFprosec-tion of 0ictims in the Bill. Ao.e0er* the Committee is
concerned a/o-t=
(a" The treatment of child 0ictims of offences co0ered /( the Optional rotocol
in the !tate part(1s criminal 7-stice s(stem and that child 0ictims* partic-larl( child 0ictims
of traffic5ing* ha0ing /een arrested and charged .ith a range of offences* incl-ding ca-sing
or inciting/controlling prostit-tion for gain* 5eeping a /rothel* theft* or c-lti0ation of
canna/is plants@
(/" The lac5 of a nationF.ide and m-ltiFagenc( approach to identif( children at
ris5 or child 0ictims of offences -nder the Optional rotocol* especiall( children at ports
.ho -s-all( come into contact .ith immigration officers .ho are not adeH-atel( trained on
the identification of child 0ictims@
(c" The fact that child 0ictims are not entitled to access* free of charge* to a
H-alified legal representati0e and that the !tate part( does not appoint an independent
g-ardian for all child 0ictims of offences -nder the Optional rotocol* incl-ding 0ictims of
traffic5ing@
(d" The fact that the entr( clearance process (incl-ding for famil( re-nification
cases" does not incl-de an assessment of the /est interests of the child and that there is an
a/sence of stat-tor( g-idance on age assessments* .ith practitioners ha0ing to rel( on case
la. and e6pert opinions leading to 0ariations in the H-alit( and inconsistencies in the
methods -sed to assess age@ and
(e" The 0ario-s practical and legal o/stacles child 0ictims* incl-ding traffic5ed
children face in recei0ing compensation in their respecti0e 7-risdictions.
%+. In the light of article ? paragraph 1 of the !ptional "rotocol the Committee
recommends that the *tate party provide child victims of offences prohibited under
the !ptional "rotocol /ith ade8uate free legal aid and psychological medical and
social support$ )he Committee specifically recommends that the *tate party6
0a3 (stablish mechanisms and procedures to protect the rights of child
victims of offences covered by the !ptional "rotocol including establishing a clear
obligation of non.prosecution in the criminal ,ustice system and ensure that they are
treated as victims rather than criminals by la/ enforcement and ,udicial authorities9
0b3 (stablish a nation./ide system to ensure a clear and comprehensive
assessment of the identity of child victims including for child victims of traffic5ing
and at ma,or ports as planned in a friendly and safe atmosphere by 8ualified
professionals /ho are trained in gender and age.sensitive intervie/ing techni8ues9
0c3 "rioriti=e the appointment of a competent and statutory guardian as
e-peditiously as possible to safeguard to best interests of the child during the criminal
,ustice process and ensure that a child victim is referred to asylum.see5ing or other
procedures only after the appointment of a guardian and that they are entitled to
access free of charge to a 8ualified legal representative9
0d3 (nsure that the entry clearance process 0including for family
reunification cases3 for child victims of traffic5ing include an assessment of the best
interests of the child in order to protect the rights and interest of child victims and
that it adopt a statutory guidance on age assessments to ensure consistencies in the
methods to assess age and that such assessment is conducted in a scientific safe child
and gender.sensitive and fair manner9 and
1:
CRC+C+!"*C+GBR+C!+1
0e3 (nsure that all ,urisdictions including Northern Ireland and *cotland
facilitate and guarantee access to compensation to child victims for violations of their
rights including through provision of systematic information on their rights to receive
compensation$
I$ Recovery and reintegration of victims
)&. The Committee notes as positi0e that in !cotland* -nder section $$ of the Children
(!cotland" 3ct* local a-thorities ha0e a d-t( to safeg-ard and promote the .elfare of
children in their area. The Committee also notes as positi0e that the !tate part( has piloted
m-ltiFs(stemic therap( for child 0ictims of a/-se in <ngland and 4ales and that -nder the
Code of ractice for Dictims of Crime $&&:* 0ictims of crime are legall( entitled to
minim-m standards of s-pport. Ao.e0er* the Committee is concerned that the Dictims
Code g-arantees fe. entitlements .ith regard to health* social and ps(chological s-pport to
child 0ictims and that the e6isting ps(chological s-pport ser0ices for child 0ictims are
inadeH-ate and 0aried across the !tate part(. The Committee is f-rther concerned that the
Code of ractice and the Children and ?o-ng ersons 3ct $&&# that contain additional
meas-res to strengthen ser0ice pro0isions for children in 0-lnera/le sit-ations does not
e6tend to Northern Ireland.
)1. )he Committee urges the *tate party to adopt comprehensive measures
throughout its ,urisdiction for the recovery and reintegration of child victims of all
offences under the !ptional "rotocol including their full social reintegration and
physical psychological and psychosocial recovery$ )he Committee in particular
recommends that the *tate party6
0a3 %llocate ade8uate human financial and technical resources to increase
access to child.centered services for child victims of offenses under the !ptional
"rotocol and continue to develop speciali=ed medical psychosocial and psychological
care services including by providing access to child mental health professionals and
psychological support services throughout the ,urisdiction of the *tate party
/henever necessary9
0b3 %dopt clear measures to guide the rescue repatriation rehabilitation
and reintegration of child victims of traffic5ing prostitution and pornography
including clear procedures for special assistance and repatriation for foreign child
victims based on the Jbest interestsK determination and follo/.up9 and
0c3 *ee5 technical assistance from the !ffice of the United Nations Ligh
Commissioner for Refugees 0UNLCR3 in the implementation of these
recommendations$
'III$ International assistance and cooperation 0art$ 1:3
<ultilateral bilateral and regional agreements
)$. In the light of article 1: paragraph 1 of the !ptional "rotocol the Committee
encourages the *tate party to continue to strengthen international cooperation
through multilateral regional and bilateral arrangements especially /ith
neighbouring countries including by strengthening procedures for and mechanisms to
coordinate the implementation of such arrangements /ith a vie/ to improving
prevention detection investigation prosecution and punishment of those responsible
for any of the offences covered under the !ptional "rotocol$
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CRC+C+!"*C+GBR+C!+1
II$ Ratification of the !ptional "rotocol on a
Communications "rocedure
)%. )he Committee recommends that the *tate party in order to further
strengthen the fulfilment of childrenBs rights to ratify the !ptional "rotocol to the
Convention on the Rights of the Child on a Communications "rocedure 0!"IC3$
I$ >ollo/.up and dissemination
>ollo/.up
)). )he Committee recommends that the *tate party ta5e all appropriate measures
to ensure full implementation of the present recommendations inter alia by
transmitting them to the relevant Government ministries the "arliament and to
national and local authorities for appropriate consideration and further action$
&issemination of concluding observations
)>. )he Committee recommends that the report and /ritten replies submitted by
the *tate party and related recommendations 0concluding observations3 adopted be
made /idely available including through the Internet 0but not e-clusively3 to the
public at large civil society organi=ations youth groups professional groups and
children in order to generate debate and a/areness of the !ptional "rotocol its
implementation and monitoring$
I$ Ne-t report
):. In accordance /ith article 12 paragraph 2 the Committee re8uests the *tate
party to include further information on the implementation of the "rotocol in its ne-t
periodic report under the Convention on the Rights of the Child in accordance /ith
article CC of the Convention$

12

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