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TRATTATI E CONVENZIONI INTERNAZIONALI

Indietro
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse
Lanzarote, 25.X.2007
 

Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse


Preamble
The member States of the Council of Europe and the other signatories hereto;
Considering that the aim of the Council of Europe is to achieve a greater unity between its
members;
Considering that every child has the right to such measures of protection as are required by
his or her status as a minor, on the part of his or her family, society and the State;
Observing that the sexual exploitation of children, in particular child pornography and
prostitution, and all forms of sexual abuse of children, including acts which are committed
abroad, are destructive to children’s health and psycho-social development;
Observing that the sexual exploitation and sexual abuse of children have grown to worrying
proportions at both national and international level, in particular as regards the increased
use by both children and perpetrators of information and communication technologies
(ICTs), and that preventing and combating such sexual exploitation and sexual abuse of
children require international co-operation;
Considering that the well-being and best interests of children are fundamental values
shared by all member States and must be promoted without any discrimination;
Recalling the Action Plan adopted at the 3rd Summit of Heads of State and Governments of
the Council of Europe (Warsaw, 16-17 May 2005), calling for the elaboration of measures to
stop sexual exploitation of children;
Recalling in particular the Committee of Ministers Recommendation No. R (91) 11
concerning sexual exploitation, pornography and prostitution of, and trafficking in, children
and young adults, Recommendation Rec(2001)16 on the protection of children against
sexual exploitation, and the Convention on Cybercrime (ETS No. 185), especially Article 9
thereof, as well as the Council of Europe Convention on Action against Trafficking in
Human Beings (CETS No. 197);
Bearing in mind the Convention for the Protection of Human Rights and Fundamental
Freedoms (1950, ETS No. 5), the revised European Social Charter (1996, ETS No. 163), and
the European Convention on the Exercise of Children’s Rights (1996, ETS No. 160);
Also bearing in mind the United Nations Convention on the Rights of the Child, especially
Article 34 thereof, the 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 United Nations Convention against
Transnational Organized Crime, as well as the International Labour Organization
Convention concerning the Prohibition and Immediate Action for the Elimination of the
Worst Forms of Child Labour;
Bearing in mind the Council of the European Union Framework Decision on combating the
sexual exploitation of children and child pornography (2004/68/JHA), the Council of the
European Union Framework Decision on the standing of victims in criminal proceedings
(2001/220/JHA), and the Council of the European Union Framework Decision on combating
trafficking in human beings (2002/629/JHA);
Taking due account of other relevant international instruments and programmes in this
field, in particular the Stockholm Declaration and Agenda for Action, adopted at the 1st
World Congress against Commercial Sexual Exploitation of Children (27-31 August 1996),
the Yokohama Global Commitment adopted at the 2nd World Congress against Commercial
Sexual Exploitation of Children (17-20 December 2001), the Budapest Commitment and Plan
of Action, adopted at the preparatory Conference for the 2nd World Congress against
Commercial Sexual Exploitation of Children (20-21 November 2001), the United Nations
General Assembly Resolution S-27/2 “A world fit for children” and the three-year
programme “Building a Europe for and with children”, adopted following the 3rd Summit
and launched by the Monaco Conference (4-5 April 2006);
Determined to contribute effectively to the common goal of protecting children against
sexual exploitation and sexual abuse, whoever the perpetrator may be, and of providing
assistance to victims;
Taking into account the need to prepare a comprehensive international instrument focusing
on the preventive, protective and criminal law aspects of the fight against all forms of sexual
exploitation and sexual abuse of children and setting up a specific monitoring mechanism,


Have agreed as follows:


Chapter I
Purposes, non-discrimination principle and definitions


Article 1
Purposes


1 The purposes of this Convention are to:
a prevent and combat sexual exploitation and sexual abuse of children;
b protect the rights of child victims of sexual exploitation and sexual abuse;
c promote national and international co-operation against sexual exploitation and sexual
abuse of children.
2 In order to ensure effective implementation of its provisions by the Parties, this Convention
sets up a specific monitoring mechanism.


Article 2
Non-discrimination principle


The implementation of the provisions of this Convention by the Parties, in particular the
enjoyment of measures to protect the rights of victims, shall be secured without
discrimination on any ground such as sex, race, colour, language, religion, political or other
opinion, national or social origin, association with a national minority, property, birth,
sexual orientation, state of health, disability or other status.


Article 3
Definitions


For the purposes of this Convention:
a “child” shall mean any person under the age of 18 years;
b “sexual exploitation and sexual abuse of children” shall include the behaviour as
referred to in Articles 18 to 23 of this Convention;
c “victim” shall mean any child subject to sexual exploitation or sexual abuse.


Chapter II
Preventive measures


Article 4
Principles


Each Party shall take the necessary legislative or other measures to prevent all forms of
sexual exploitation and sexual abuse of children and to protect children.


Article 5
Recruitment, training and awareness raising of persons working in contact with children


1 Each Party shall take the necessary legislative or other measures to encourage awareness of
the protection and rights of children among persons who have regular contacts with
children in the education, health, social protection, judicial and law-enforcement sectors and
in areas relating to sport, culture and leisure activities.
2 Each Party shall take the necessary legislative or other measures to ensure that the persons
referred to in paragraph 1 have an adequate knowledge of sexual exploitation and sexual
abuse of children, of the means to identify them and of the possibility mentioned in
Article 12, paragraph 1.
3 Each Party shall take the necessary legislative or other measures, in conformity with its
internal law, to ensure that the conditions to accede to those professions whose exercise
implies regular contacts with children ensure that the candidates to these professions have
not been convicted of acts of sexual exploitation or sexual abuse of children.


Article 6
Education for children


Each Party shall take the necessary legislative or other measures to ensure that children,
during primary and secondary education, receive information on the risks of sexual
exploitation and sexual abuse, as well as on the means to protect themselves, adapted to
their evolving capacity. This information, provided in collaboration with parents, where
appropriate, shall be given within a more general context of information on sexuality and
shall pay special attention to situations of risk, especially those involving the use of new
information and communication technologies.


Article 7
Preventive intervention programmes or measures


Each Party shall ensure that persons who fear that they might commit any of the offences
established in accordance with this Convention may have access, where appropriate, to
effective intervention programmes or measures designed to evaluate and prevent the risk of
offences being committed.


Article 8
Measures for the general public


1 Each Party shall promote or conduct awareness raising campaigns addressed to the general
public providing information on the phenomenon of sexual exploitation and sexual abuse of
children and on the preventive measures which can be taken.
2 Each Party shall take the necessary legislative or other measures to prevent or prohibit the
dissemination of materials advertising the offences established in accordance with this
Convention.


Article 9
Participation of children, the private sector, the media and civil society


1 Each Party shall encourage the participation of children, according to their evolving
capacity, in the development and the implementation of state policies, programmes or
others initiatives concerning the fight against sexual exploitation and sexual abuse of
children.
2 Each Party shall encourage the private sector, in particular the information and
communication technology sector, the tourism and travel industry and the banking and
finance sectors, as well as civil society, to participate in the elaboration and implementation
of policies to prevent sexual exploitation and sexual abuse of children and to implement
internal norms through self-regulation or co-regulation.
3 Each Party shall encourage the media to provide appropriate information concerning all
aspects of sexual exploitation and sexual abuse of children, with due respect for the
independence of the media and freedom of the press.
4 Each Party shall encourage the financing, including, where appropriate, by the creation of
funds, of the projects and programmes carried out by civil society aiming at preventing and
protecting children from sexual exploitation and sexual abuse.


Chapter III
Specialised authorities and co-ordinating bodies


Article 10
National measures of co-ordination and collaboration


1 Each Party shall take the necessary measures to ensure the co-ordination on a national or
local level between the different agencies in charge of the protection from, the prevention of
and the fight against sexual exploitation and sexual abuse of children, notably the education
sector, the health sector, the social services and the law-enforcement and judicial authorities.
2 Each Party shall take the necessary legislative or other measures to set up or designate:
a independent competent national or local institutions for the promotion and protection
of the rights of the child, ensuring that they are provided with specific resources and
responsibilities;
b mechanisms for data collection or focal points, at the national or local levels and in
collaboration with civil society, for the purpose of observing and evaluating the
phenomenon of sexual exploitation and sexual abuse of children, with due respect for
the requirements of personal data protection.
3 Each Party shall encourage co-operation between the competent state authorities, civil
society and the private sector, in order to better prevent and combat sexual exploitation and
sexual abuse of children.


Chapter IV
Protective measures and assistance to victims


Article 11
Principles


1 Each Party shall establish effective social programmes and set up multidisciplinary
structures to provide the necessary support for victims, their close relatives and for any
person who is responsible for their care.
2 Each Party shall take the necessary legislative or other measures to ensure that when the age
of the victim is uncertain and there are reasons to believe that the victim is a child, the
protection and assistance measures provided for children shall be accorded to him or her
pending verification of his or her age.


Article 12
Reporting suspicion of sexual exploitation or sexual abuse


1 Each Party shall take the necessary legislative or other measures to ensure that the
confidentiality rules imposed by internal law on certain professionals called upon to work in
contact with children do not constitute an obstacle to the possibility, for those professionals,
of their reporting to the services responsible for child protection any situation where they
have reasonable grounds for believing that a child is the victim of sexual exploitation or
sexual abuse.
2 Each Party shall take the necessary legislative or other measures to encourage any person
who knows about or suspects, in good faith, sexual exploitation or sexual abuse of children
to report these facts to the competent services.


Article 13
Helplines


Each Party shall take the necessary legislative or other measures to encourage and support
the setting up of information services, such as telephone or Internet helplines, to provide
advice to callers, even confidentially or with due regard for their anonymity.


Article 14
Assistance to victims


1 Each Party shall take the necessary legislative or other measures to assist victims, in the
short and long term, in their physical and psycho-social recovery. Measures taken pursuant
to this paragraph shall take due account of the child’s views, needs and concerns.
2 Each Party shall take measures, under the conditions provided for by its internal law, to cooperate
with non-governmental organisations, other relevant organisations or other
elements of civil society engaged in assistance to victims.
3 When the parents or persons who have care of the child are involved in his or her sexual
exploitation or sexual abuse, the intervention procedures taken in application of Article 11,
paragraph 1, shall include:
– the possibility of removing the alleged perpetrator;
– the possibility of removing the victim from his or her family environment. The
conditions and duration of such removal shall be determined in accordance with the
best interests of the child.
4 Each Party shall take the necessary legislative or other measures to ensure that the persons
who are close to the victim may benefit, where appropriate, from therapeutic assistance,
notably emergency psychological care.


Chapter V
Intervention programmes or measures


Article 15
General principles


1 Each Party shall ensure or promote, in accordance with its internal law, effective
intervention programmes or measures for the persons referred to in Article 16, paragraphs 1
and 2, with a view to preventing and minimising the risks of repeated offences of a sexual
nature against children. Such programmes or measures shall be accessible at any time
during the proceedings, inside and outside prison, according to the conditions laid down in
internal law.
2 Each Party shall ensure or promote, in accordance with its internal law, the development of
partnerships or other forms of co-operation between the competent authorities, in particular
health-care services and the social services, and the judicial authorities and other bodies
responsible for following the persons referred to in Article 16, paragraphs 1 and 2.
3 Each Party shall provide, in accordance with its internal law, for an assessment of the
dangerousness and possible risks of repetition of the offences established in accordance with
this Convention, by the persons referred to in Article 16, paragraphs 1 and 2, with the aim of
identifying appropriate programmes or measures.
4 Each Party shall provide, in accordance with its internal law, for an assessment of the
effectiveness of the programmes and measures implemented.


Article 16
Recipients of intervention programmes and measures


1 Each Party shall ensure, in accordance with its internal law, that persons subject to criminal
proceedings for any of the offences established in accordance with this Convention may
have access to the programmes or measures mentioned in Article 15, paragraph 1, under
conditions which are neither detrimental nor contrary to the rights of the defence and to the
requirements of a fair and impartial trial, and particularly with due respect for the rules
governing the principle of the presumption of innocence.
2 Each Party shall ensure, in accordance with its internal law, that persons convicted of any of
the offences established in accordance with this Convention may have access to the
programmes or measures mentioned in Article 15, paragraph 1.
3 Each Party shall ensure, in accordance with its internal law, that intervention programmes
or measures are developed or adapted to meet the developmental needs of children who
sexually offend, including those who are below the age of criminal responsibility, with the
aim of addressing their sexual behavioural problems.


Article 17
Information and consent


1 Each Party shall ensure, in accordance with its internal law, that the persons referred to in
Article 16 to whom intervention programmes or measures have been proposed are fully
informed of the reasons for the proposal and consent to the programme or measure in full
knowledge of the facts.
2 Each Party shall ensure, in accordance with its internal law, that persons to whom
intervention programmes or measures have been proposed may refuse them and, in the case
of convicted persons, that they are made aware of the possible consequences a refusal might
have.


Chapter VI
Substantive criminal law


Article 18
Sexual abuse


1 Each Party shall take the necessary legislative or other measures to ensure that the following
intentional conduct is criminalised:
a engaging in sexual activities with a child who, according to the relevant provisions of
national law, has not reached the legal age for sexual activities;
b engaging in sexual activities with a child where:
– use is made of coercion, force or threats; or
– abuse is made of a recognised position of trust, authority or influence over the
child, including within the family; or
– abuse is made of a particularly vulnerable situation of the child, notably because of
a mental or physical disability or a situation of dependence.
2 For the purpose of paragraph 1 above, each Party shall decide the age below which it is
prohibited to engage in sexual activities with a child.
3 The provisions of paragraph 1.a are not intended to govern consensual sexual activities
between minors.


Article 19
Offences concerning child prostitution


1 Each Party shall take the necessary legislative or other measures to ensure that the following
intentional conduct is criminalised:
a recruiting a child into prostitution or causing a child to participate in prostitution;
b coercing a child into prostitution or profiting from or otherwise exploiting a child for
such purposes;
c having recourse to child prostitution.
2 For the purpose of the present article, the term “child prostitution” shall mean the fact of
using a child for sexual activities where money or any other form of remuneration or
consideration is given or promised as payment, regardless if this payment, promise or
consideration is made to the child or to a third person.


Article 20
Offences concerning child pornography


1 Each Party shall take the necessary legislative or other measures to ensure that the following
intentional conduct, when committed without right, is criminalised:
a producing child pornography;
b offering or making available child pornography;
c distributing or transmitting child pornography;
d procuring child pornography for oneself or for another person;
e possessing child pornography;
f knowingly obtaining access, through information and communication technologies, to
child pornography.
2 For the purpose of the present article, the term “child pornography” shall mean any
material that visually depicts a child engaged in real or simulated sexually explicit conduct
or any depiction of a child’s sexual organs for primarily sexual purposes.
3 Each Party may reserve the right not to apply, in whole or in part, paragraph 1.a and e to the
production and possession of pornographic material:
– consisting exclusively of simulated representations or realistic images of a non-existent
child;
– involving children who have reached the age set in application of Article 18,
paragraph 2, where these images are produced and possessed by them with their
consent and solely for their own private use.
4 Each Party may reserve the right not to apply, in whole or in part, paragraph 1.f.


Article 21
Offences concerning the participation of a child in pornographic


performances


1 Each Party shall take the necessary legislative or other measures to ensure that the following
intentional conduct is criminalised:
a recruiting a child into participating in pornographic performances or causing a child to
participate in such performances;
b coercing a child into participating in pornographic performances or profiting from or
otherwise exploiting a child for such purposes;
c knowingly attending pornographic performances involving the participation of
children.
2 Each Party may reserve the right to limit the application of paragraph 1.c to cases where
children have been recruited or coerced in conformity with paragraph 1.a or b.


Article 22 – Corruption of children
Each Party shall take the necessary legislative or other measures to criminalise the
intentional causing, for sexual purposes, of a child who has not reached the age set in
application of Article 18, paragraph 2, to witness sexual abuse or sexual activities, even
without having to participate.


Article 23 – Solicitation of children for sexual purposes
Each Party shall take the necessary legislative or other measures to criminalise the
intentional proposal, through information and communication technologies, of an adult to
meet a child who has not reached the age set in application of Article 18, paragraph 2, for
the purpose of committing any of the offences established in accordance with Article 18,
paragraph 1.a, or Article 20, paragraph 1.a, against him or her, where this proposal has been
followed by material acts leading to such a meeting.


Article 24
Aiding or abetting and attempt


1 Each Party shall take the necessary legislative or other measures to establish as criminal
offences, when committed intentionally, aiding or abetting the commission of any of the
offences established in accordance with this Convention.
2 Each Party shall take the necessary legislative or other measures to establish as criminal
offences, when committed intentionally, attempts to commit the offences established in
accordance with this Convention.
3 Each Party may reserve the right not to apply, in whole or in part, paragraph 2 to offences
established in accordance with Article 20, paragraph 1.b, d, e and f, Article 21,
paragraph 1.c, Article 22 and Article 23.


Article 25
Jurisdiction


1 Each Party shall take the necessary legislative or other measures to establish jurisdiction
over any offence established in accordance with this Convention, when the offence is
committed:
a in its territory; or
b on board a ship flying the flag of that Party; or
c on board an aircraft registered under the laws of that Party; or
d by one of its nationals; or
e by a person who has his or her habitual residence in its territory.
2 Each Party shall endeavour to take the necessary legislative or other measures to establish
jurisdiction over any offence established in accordance with this Convention where the
offence is committed against one of its nationals or a person who has his or her habitual
residence in its territory.
3 Each Party may, at the time of signature or when depositing its instrument of ratification,
acceptance, approval or accession, by a declaration addressed to the Secretary General of the
Council of Europe, declare that it reserves the right not to apply or to apply only in specific
cases or conditions the jurisdiction rules laid down in paragraph 1.e of this article.
4 For the prosecution of the offences established in accordance with Articles 18, 19, 20,
paragraph 1.a, and 21, paragraph 1.a and b, of this Convention, each Party shall take the
necessary legislative or other measures to ensure that its jurisdiction as regards
paragraph 1.d is not subordinated to the condition that the acts are criminalised at the place
where they were performed.
5 Each Party may, at the time of signature or when depositing its instrument of ratification,
acceptance, approval or accession, by a declaration addressed to the Secretary General of the
Council of Europe, declare that it reserves the right to limit the application of paragraph 4 of
this article, with regard to offences established in accordance with Article 18, paragraph 1.b,
second and third indents, to cases where its national has his or her habitual residence in its
territory.
6 For the prosecution of the offences established in accordance with Articles 18, 19, 20,
paragraph 1.a, and 21 of this Convention, each Party shall take the necessary legislative or
other measures to ensure that its jurisdiction as regards paragraphs 1.d and e is not
subordinated to the condition that the prosecution can only be initiated following a report
from the victim or a denunciation from the State of the place where the offence was
committed.
7 Each Party shall take the necessary legislative or other measures to establish jurisdiction
over the offences established in accordance with this Convention, in cases where an alleged
offender is present on its territory and it does not extradite him or her to another Party,
solely on the basis of his or her nationality.
8 When more than one Party claims jurisdiction over an alleged offence established in
accordance with this Convention, the Parties involved shall, where appropriate, consult
with a view to determining the most appropriate jurisdiction for prosecution.
9 Without prejudice to the general rules of international law, this Convention does not
exclude any criminal jurisdiction exercised by a Party in accordance with its internal law.


Article 26
Corporate liability


1 Each Party shall take the necessary legislative or other measures to ensure that a legal
person can be held liable for an offence established in accordance with this Convention,
committed for its benefit by any natural person, acting either individually or as part of an
organ of the legal person, who has a leading position within the legal person, based on:
a power of representation of the legal person;
b an authority to take decisions on behalf of the legal person;
c an authority to exercise control within the legal person.
2 Apart from the cases already provided for in paragraph 1, each Party shall take the
necessary legislative or other measures to ensure that a legal person can be held liable where
the lack of supervision or control by a natural person referred to in paragraph 1 has made
possible the commission of an offence established in accordance with this Convention for
the benefit of that legal person by a natural person acting under its authority.
3 Subject to the legal principles of the Party, the liability of a legal person may be criminal,
civil or administrative.
4 Such liability shall be without prejudice to the criminal liability of the natural persons who
have committed the offence.


Article 27
Sanctions and measures


1 Each Party shall take the necessary legislative or other measures to ensure that the offences
established in accordance with this Convention are punishable by effective, proportionate
and dissuasive sanctions, taking into account their seriousness. These sanctions shall include
penalties involving deprivation of liberty which can give rise to extradition.
2 Each Party shall take the necessary legislative or other measures to ensure that legal persons
held liable in accordance with Article 26 shall be subject to effective, proportionate and
dissuasive sanctions which shall include monetary criminal or non-criminal fines and may
include other measures, in particular:
a exclusion from entitlement to public benefits or aid;
b temporary or permanent disqualification from the practice of commercial activities;
c placing under judicial supervision;
d judicial winding-up order.
3 Each Party shall take the necessary legislative or other measures to:
a provide for the seizure and confiscation of:
– goods, documents and other instrumentalities used to commit the offences
established in accordance with this Convention or to facilitate their commission;
– proceeds derived from such offences or property the value of which corresponds
to such proceeds;
b enable the temporary or permanent closure of any establishment used to carry out any
of the offences established in accordance with this Convention, without prejudice to
the rights of bona fide third parties, or to deny the perpetrator, temporarily or
permanently, the exercise of the professional or voluntary activity involving contact
with children in the course of which the offence was committed.
4 Each Party may adopt other measures in relation to perpetrators, such as withdrawal of
parental rights or monitoring or supervision of convicted persons.
5 Each Party may establish that the proceeds of crime or property confiscated in accordance
with this article can be allocated to a special fund in order to finance prevention and
assistance programmes for victims of any of the offences established in accordance with this
Convention.


Article 28
Aggravating circumstances


Each Party shall take the necessary legislative or other measures to ensure that the following
circumstances, in so far as they do not already form part of the constituent elements of the
offence, may, in conformity with the relevant provisions of internal law, be taken into
consideration as aggravating circumstances in the determination of the sanctions in relation
to the offences established in accordance with this Convention:
a the offence seriously damaged the physical or mental health of the victim;
b the offence was preceded or accompanied by acts of torture or serious violence;
c the offence was committed against a particularly vulnerable victim;
d the offence was committed by a member of the family, a person cohabiting with the
child or a person having abused his or her authority;
e the offence was committed by several people acting together;
f the offence was committed within the framework of a criminal organisation;
g the perpetrator has previously been convicted of offences of the same nature.


Article 29
Previous convictions


Each Party shall take the necessary legislative or other measures to provide for the
possibility to take into account final sentences passed by another Party in relation to the
offences established in accordance with this Convention when determining the sanctions.


Chapter VII
Investigation, prosecution and procedural law


Article 30
Principles


1 Each Party shall take the necessary legislative or other measures to ensure that
investigations and criminal proceedings are carried out in the best interests and respecting
the rights of the child.
2 Each Party shall adopt a protective approach towards victims, ensuring that the
investigations and criminal proceedings do not aggravate the trauma experienced by the
child and that the criminal justice response is followed by assistance, where appropriate.
3 Each Party shall ensure that the investigations and criminal proceedings are treated as
priority and carried out without any unjustified delay.
4 Each Party shall ensure that the measures applicable under the current chapter are not
prejudicial to the rights of the defence and the requirements of a fair and impartial trial, in
conformity with Article 6 of the Convention for the Protection of Human Rights and
Fundamental Freedoms.
5 Each Party shall take the necessary legislative or other measures, in conformity with the
fundamental principles of its internal law:
– to ensure an effective investigation and prosecution of offences established in
accordance with this Convention, allowing, where appropriate, for the possibility of
covert operations;
– to enable units or investigative services to identify the victims of the offences
established in accordance with Article 20, in particular by analysing child pornography
material, such as photographs and audiovisual recordings transmitted or made
available through the use of information and communication technologies.


Article 31
General measures of protection


1 Each Party shall take the necessary legislative or other measures to protect the rights and
interests of victims, including their special needs as witnesses, at all stages of investigations
and criminal proceedings, in particular by:
a informing them of their rights and the services at their disposal and, unless they do not
wish to receive such information, the follow-up given to their complaint, the charges,
the general progress of the investigation or proceedings, and their role therein as well
as the outcome of their cases;
b ensuring, at least in cases where the victims and their families might be in danger, that
they may be informed, if necessary, when the person prosecuted or convicted is
released temporarily or definitively;
c enabling them, in a manner consistent with the procedural rules of internal law, to be
heard, to supply evidence and to choose the means of having their views, needs and
concerns presented, directly or through an intermediary, and considered;
d providing them with appropriate support services so that their rights and interests are
duly presented and taken into account;
e protecting their privacy, their identity and their image and by taking measures in
accordance with internal law to prevent the public dissemination of any information
that could lead to their identification;
f providing for their safety, as well as that of their families and witnesses on their behalf,
from intimidation, retaliation and repeat victimisation;
g ensuring that contact between victims and perpetrators within court and law
enforcement agency premises is avoided, unless the competent authorities establish
otherwise in the best interests of the child or when the investigations or proceedings
require such contact.
2 Each Party shall ensure that victims have access, as from their first contact with the
competent authorities, to information on relevant judicial and administrative proceedings.
3 Each Party shall ensure that victims have access, provided free of charge where warranted,
to legal aid when it is possible for them to have the status of parties to criminal proceedings.
4 Each Party shall provide for the possibility for the judicial authorities to appoint a special
representative for the victim when, by internal law, he or she may have the status of a party
to the criminal proceedings and where the holders of parental responsibility are precluded
from representing the child in such proceedings as a result of a conflict of interest between
them and the victim.
5 Each Party shall provide, by means of legislative or other measures, in accordance with the
conditions provided for by its internal law, the possibility for groups, foundations,
associations or governmental or non-governmental organisations, to assist and/or support
the victims with their consent during criminal proceedings concerning the offences
established in accordance with this Convention.
6 Each Party shall ensure that the information given to victims in conformity with the
provisions of this article is provided in a manner adapted to their age and maturity and in a
language that they can understand.


Article 32
Initiation of proceedings


Each Party shall take the necessary legislative or other measures to ensure that
investigations or prosecution of offences established in accordance with this Convention
shall not be dependent upon the report or accusation made by a victim, and that the
proceedings may continue even if the victim has withdrawn his or her statements.


Article 33
Statute of limitation


Each Party shall take the necessary legislative or other measures to ensure that the statute of
limitation for initiating proceedings with regard to the offences established in accordance
with Articles 18, 19, paragraph 1.a and b, and 21, paragraph 1.a and b, shall continue for a
period of time sufficient to allow the efficient starting of proceedings after the victim has
reached the age of majority and which is commensurate with the gravity of the crime in
question.


Article 34
Investigations


1 Each Party shall adopt such measures as may be necessary to ensure that persons, units or
services in charge of investigations are specialised in the field of combating sexual
exploitation and sexual abuse of children or that persons are trained for this purpose. Such
units or services shall have adequate financial resources.
2 Each Party shall take the necessary legislative or other measures to ensure that uncertainty
as to the actual age of the victim shall not prevent the initiation of criminal investigations.


Article 35
Interviews with the child


1 Each Party shall take the necessary legislative or other measures to ensure that:
a interviews with the child take place without unjustified delay after the facts have been
reported to the competent authorities;
b interviews with the child take place, where necessary, in premises designed or adapted
for this purpose;
c interviews with the child are carried out by professionals trained for this purpose;
d the same persons, if possible and where appropriate, conduct all interviews with the
child;
e the number of interviews is as limited as possible and in so far as strictly necessary for
the purpose of criminal proceedings;
f the child may be accompanied by his or her legal representative or, where appropriate,
an adult of his or her choice, unless a reasoned decision has been made to the contrary
in respect of that person.
2 Each Party shall take the necessary legislative or other measures to ensure that all interviews
with the victim or, where appropriate, those with a child witness, may be videotaped and
that these videotaped interviews may be accepted as evidence during the court proceedings,
according to the rules provided by its internal law.
3 When the age of the victim is uncertain and there are reasons to believe that the victim is a
child, the measures established in paragraphs 1 and 2 shall be applied pending verification
of his or her age.


Article 36
Criminal court proceedings


1 Each Party shall take the necessary legislative or other measures, with due respect for the
rules governing the autonomy of legal professions, to ensure that training on children’s
rights and sexual exploitation and sexual abuse of children is available for the benefit of all
persons involved in the proceedings, in particular judges, prosecutors and lawyers.
2 Each Party shall take the necessary legislative or other measures to ensure, according to the
rules provided by its internal law, that:
a the judge may order the hearing to take place without the presence of the public;
b the victim may be heard in the courtroom without being present, notably through the
use of appropriate communication technologies.


Chapter VIII
Recording and storing of data


Article 37
Recording and storing of national data on convicted sexual offenders


1 For the purposes of prevention and prosecution of the offences established in accordance
with this Convention, each Party shall take the necessary legislative or other measures to
collect and store, in accordance with the relevant provisions on the protection of personal
data and other appropriate rules and guarantees as prescribed by domestic law, data
relating to the identity and to the genetic profile (DNA) of persons convicted of the offences
established in accordance with this Convention.
2 Each Party shall, at the time of signature or when depositing its instrument of ratification,
acceptance, approval or accession, communicate to the Secretary General of the Council of
Europe the name and address of a single national authority in charge for the purposes of
paragraph 1.
3 Each Party shall take the necessary legislative or other measures to ensure that the
information referred to in paragraph 1 can be transmitted to the competent authority of
another Party, in conformity with the conditions established in its internal law and the
relevant international instruments.


Chapter IX
International cooperation


Article 38
General principles and measures for international co-operation


1 The Parties shall co-operate with each other, in accordance with the provisions of this
Convention, and through the application of relevant applicable international and regional
instruments, arrangements agreed on the basis of uniform or reciprocal legislation and
internal laws, to the widest extent possible, for the purpose of:
a preventing and combating sexual exploitation and sexual abuse of children;
b protecting and providing assistance to victims;
c investigations or proceedings concerning the offences established in accordance with
this Convention.
2 Each Party shall take the necessary legislative or other measures to ensure that victims of an
offence established in accordance with this Convention in the territory of a Party other than
the one where they reside may make a complaint before the competent authorities of their
State of residence.
3 If a Party that makes mutual legal assistance in criminal matters or extradition conditional
on the existence of a treaty receives a request for legal assistance or extradition from a Party
with which it has not concluded such a treaty, it may consider this Convention the legal
basis for mutual legal assistance in criminal matters or extradition in respect of the offences
established in accordance with this Convention.
4 Each Party shall endeavour to integrate, where appropriate, prevention and the fight against
sexual exploitation and sexual abuse of children in assistance programmes for development
provided for the benefit of third states.


Chapter X
Monitoring mechanism


Article 39
Committee of the Parties


1 The Committee of the Parties shall be composed of representatives of the Parties to the
Convention.
2 The Committee of the Parties shall be convened by the Secretary General of the Council of
Europe. Its first meeting shall be held within a period of one year following the entry into
force of this Convention for the tenth signatory having ratified it. It shall subsequently meet
whenever at least one third of the Parties or the Secretary General so requests.
3 The Committee of the Parties shall adopt its own rules of procedure.


Article 40
Other representatives


1 The Parliamentary Assembly of the Council of Europe, the Commissioner for Human
Rights, the European Committee on Crime Problems (CDPC), as well as other relevant
Council of Europe intergovernmental committees, shall each appoint a representative to the
Committee of the Parties.
2 The Committee of Ministers may invite other Council of Europe bodies to appoint a
representative to the Committee of the Parties after consulting the latter.
3 Representatives of civil society, and in particular non-governmental organisations, may be
admitted as observers to the Committee of the Parties following the procedure established
by the relevant rules of the Council of Europe.
4 Representatives appointed under paragraphs 1 to 3 above shall participate in meetings of
the Committee of the Parties without the right to vote.


Article 41
Functions of the Committee of the Parties


1 The Committee of the Parties shall monitor the implementation of this Convention. The
rules of procedure of the Committee of the Parties shall determine the procedure for
evaluating the implementation of this Convention.
2 The Committee of the Parties shall facilitate the collection, analysis and exchange of
information, experience and good practice between States to improve their capacity to
prevent and combat sexual exploitation and sexual abuse of children.
3 The Committee of the Parties shall also, where appropriate:
a facilitate the effective use and implementation of this Convention, including the
identification of any problems and the effects of any declaration or reservation made
under this Convention;
b express an opinion on any question concerning the application of this Convention and
facilitate the exchange of information on significant legal, policy or technological
developments.
4 The Committee of the Parties shall be assisted by the Secretariat of the Council of Europe in
carrying out its functions pursuant to this article.
5 The European Committee on Crime Problems (CDPC) shall be kept periodically informed
regarding the activities mentioned in paragraphs 1, 2 and 3 of this article.


Chapter XI
Relationship with other international instruments


Article 42
Relationship with the United Nations Convention on the Rights of theChild and its Optional Protocol on the sale of children, child prostitution and child pornography
This Convention shall not affect the rights and obligations arising from the provisions of the
United Nations Convention on the Rights of the Child and its Optional Protocol on the sale
of children, child prostitution and child pornography, and is intended to enhance the
protection afforded by them and develop and complement the standards contained therein.


Article 43
Relationship with other international instruments


1 This Convention shall not affect the rights and obligations arising from the provisions of
other international instruments to which Parties to the present Convention are Parties or
shall become Parties and which contain provisions on matters governed by this Convention
and which ensure greater protection and assistance for child victims of sexual exploitation
or sexual abuse.
2 The Parties to the Convention may conclude bilateral or multilateral agreements with one
another on the matters dealt with in this Convention, for purposes of supplementing or
strengthening its provisions or facilitating the application of the principles embodied in it.
3 Parties which are members of the European Union shall, in their mutual relations, apply
Community and European Union rules in so far as there are Community or European Union
rules governing the particular subject concerned and applicable to the specific case, without
prejudice to the object and purpose of the present Convention and without prejudice to its
full application with other Parties.


Article 44
Amendments


1 Any proposal for an amendment to this Convention presented by a Party shall be
communicated to the Secretary General of the Council of Europe and forwarded by him or
her to the member States of the Council of Europe, any signatory, any State Party, the
European Community, any State invited to sign this Convention in accordance with the
provisions of Article 45, paragraph 1, and any State invited to accede to this Convention in
accordance with the provisions of Article 46, paragraph 1.
2 Any amendment proposed by a Party shall be communicated to the European Committee
on Crime Problems (CDPC), which shall submit to the Committee of Ministers its opinion
on that proposed amendment.
3 The Committee of Ministers shall consider the proposed amendment and the opinion
submitted by the CDPC and, following consultation with the non-member States Parties to
this Convention, may adopt the amendment.
4 The text of any amendment adopted by the Committee of Ministers in accordance with
paragraph 3 of this article shall be forwarded to the Parties for acceptance.
5 Any amendment adopted in accordance with paragraph 3 of this article shall enter into force
on the first day of the month following the expiration of a period of one month after the date
on which all Parties have informed the Secretary General that they have accepted it.


Chapter XIII
Final clauses


Article 45
Signature and entry into force


1 This Convention shall be open for signature by the member States of the Council of Europe,
the non-member States which have participated in its elaboration as well as the European
Community.
2 This Convention is subject to ratification, acceptance or approval. Instruments of ratification,
acceptance or approval shall be deposited with the Secretary General of the Council of
Europe.
3 This Convention shall enter into force on the first day of the month following the expiration
of a period of three months after the date on which 5 signatories, including at least
3 member States of the Council of Europe, have expressed their consent to be bound by the
Convention in accordance with the provisions of the preceding paragraph.
4 In respect of any State referred to in paragraph 1 or the European Community, which
subsequently expresses its consent to be bound by it, the Convention shall enter into force
on the first day of the month following the expiration of a period of three months after the
date of the deposit of its instrument of ratification, acceptance or approval.


Article 46
Accession to the Convention


1 After the entry into force of this Convention, the Committee of Ministers of the Council of
Europe may, after consultation of the Parties to this Convention and obtaining their
unanimous consent, invite any non-member State of the Council of Europe, which has not
participated in the elaboration of the Convention, to accede to this Convention by a decision
taken by the majority provided for in Article 20.d of the Statute of the Council of Europe,
and by unanimous vote of the representatives of the Contracting States entitled to sit on the
Committee of Ministers.
2 In respect of any acceding State, the Convention shall enter into force on the first day of the
month following the expiration of a period of three months after the date of deposit of the
instrument of accession with the Secretary General of the Council of Europe.


Article 47
Territorial application


1 Any State or the European Community may, at the time of signature or when depositing its
instrument of ratification, acceptance, approval or accession, specify the territory or
territories to which this Convention shall apply.
2 Any Party may, at any later date, by a declaration addressed to the Secretary General of the
Council of Europe, extend the application of this Convention to any other territory specified
in the declaration and for whose international relations it is responsible or on whose behalf
it is authorised to give undertakings. In respect of such territory, the Convention shall enter
into force on the first day of the month following the expiration of a period of three months
after the date of receipt of such declaration by the Secretary General.
3 Any declaration made under the two preceding paragraphs may, in respect of any territory
specified in such declaration, be withdrawn by a notification addressed to the Secretary
General of the Council of Europe. The withdrawal shall become effective on the first day of
the month following the expiration of a period of three months after the date of receipt of
such notification by the Secretary General.


Article 48
Reservations


No reservation may be made in respect of any provision of this Convention, with the
exception of the reservations expressly established. Any reservation may be withdrawn at
any time.


Article 49
Denunciation


1 Any Party may, at any time, denounce this Convention by means of a notification addressed
to the Secretary General of the Council of Europe.
2 Such denunciation shall become effective on the first day of the month following the
expiration of a period of three months after the date of receipt of the notification by the
Secretary General.


Article 50
Notification


The Secretary General of the Council of Europe shall notify the member States of the
Council of Europe, any State signatory, any State Party, the European Community, any State
invited to sign this Convention in accordance with the provisions of Article 45 and any State
invited to accede to this Convention in accordance with the provisions of Article 46 of:
a any signature;
b the deposit of any instrument of ratification, acceptance, approval or accession;
c any date of entry into force of this Convention in accordance with Articles 45 and 46;
d any amendment adopted in accordance with Article 44 and the date on which such an
amendment enters into force;
e any reservation made under Article 48;
f any denunciation made in pursuance of the provisions of Article 49;
g any other act, notification or communication relating to this Convention.


In witness whereof the undersigned, being duly authorised thereto, have signed this
Convention.


Done at Lanzarote, this 25th day of October 2007, in English and in French, both texts being
equally authentic, in a single copy which shall be deposited in the archives of the Council of
Europe. The Secretary General of the Council of Europe shall transmit certified copies to
each member State of the Council of Europe, to the non-member States which have
participated in the elaboration of this Convention, to the European Community and to any
State invited to accede to this Convention.


Il Senato ha approvato all'unanimità, con 262 sì, la ratifica della Convenzione per la protezione dei minori contro lo sfruttamento e l'abuso sessuale, siglata a Lanzarote nel 2007. Dopo la sesta lettura è finalmente legge. Entra nel nostro codice penale (art.414-bis) la parola pedofilia.
La Convenzione di Lanzarote è stata adottata dal Comitato dei Ministri del Consiglio d'Europa il 12 luglio 2007. Ancora in corso invece il processo di ratifica.
Si tratta di un documento con il quale i Paesi aderenti si impegnano a rafforzare la protezione dei minori contro lo sfruttamento e l'abuso sessuale, adottando criteri e misure comuni sia per la prevenzione del fenomeno, sia per il perseguimento dei colpevoli e la tutela delle vittime. Gli stati aderenti si sono impegnati ad armonizzare i propri ordinamenti giuridici, modificando, quando necessario, il diritto penale nazionale.
L'obiettivo è contrastare quei reati che, come la pedopornografia, sempre più spesso vengono compiuti con l'ausilio delle moderne tecnologie e sono consumati al di fuori dai confini nazionali del Paese di origine del colpevole.
Tra le novità più importanti introdotte dalla Convenzione di Lanzarote, ci sarà l'introduzione di due nuovi reati: l'istigazione a pratiche di pedofilia e di pedopornografia e l'adescamento di minorenni. Previste pene più severe per tutta una serie di reati: dai delitti di maltrattamenti in famiglia a danno di minori ai reati di associazione a delinquere finalizzata alla commissione dei reati a sfondo sessuale a danno di minori. È inoltre previsto un inasprimento delle pene anche per i reati di prostituzione minorile e di pornografia minorile. Infine, non si potrà più dichiarare di non essere a conoscenza della minore età della persona offesa nel caso di commissione di uno dei delitti contro i minori.
19 settembre 2012



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