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Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
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law
[
Global Index
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PREAMBLE
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]
... Believing also that efforts to raise
public awareness
are needed to reduce
consumer
demand for the
sale of children
,
child prostitution
and
child pornography
, and believing further in the importance of strengthening
global
partnership
among all
actors
and of
improving
law enforcement
at the
national level
, ...
... Noting the
provisions
of
international legal instruments
relevant
to the
protection of children
,
including
the
Hague Convention
on
Protection of Children
and
Cooperation
in
Respect
of Intercountry
Adoption
, the
Hague Convention
on the
Civil
Aspects
of
International
Child
Abduction, the
Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children
, and
International Labour Organization Convention
No. 182 on the
Prohibition
and
Immediate Action for the Elimination of the Worst Forms of Child Labour
, ...
ARTICLE-3
[
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]
... 1. Each
State Party
shall ensure that, as a
minimum
, the following
acts
and
activities
are
fully
covered under its
criminal
or
penal law
, whether such
offences
are committed domestically or transnationally or on an
individual
or organized basis: ...
... 2.
Subject
to the
provisions
of the
national law
of a
State Party
, the same shall apply to an
attempt
to commit any of the said
acts
and to complicity or
participation
in any of the said
acts
. ...
... 4.
Subject
to the
provisions
of its
national law
, each
State Party
shall take
measures
, where appropriate, to
establish
the
liability of legal persons
for
offences
established
in paragraph 1 of the present
article
.
Subject
to the
legal principles
of the
State Party
, such
liability of legal persons
may be
criminal
,
civil
or
administrative
. ...
ARTICLE-4
[
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]
... 4. The present
Protocol
does not exclude any
criminal jurisdiction
exercised in
accordance
with
internal law
. ...
ARTICLE-5
[
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]
... 2. If a
State Party
that makes
extradition
conditional on the existence of a
treaty
receives a
request for extradition
from another
State Party
with which it has no
extradition
treaty
, it may consider the present
Protocol
to be a
legal basis for extradition
in
respect
of such
offences
.
Extradition
shall be
subject
to the
conditions
provided by the
law
of the requested
State
. ...
... 3.
States Parties
that do not make
extradition
conditional on the existence of a
treaty
shall recognize such
offences
as
extraditable offences
between themselves
subject
to the
conditions
provided by the
law
of the requested
State
. ...
ARTICLE-6
[
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]
... 2.
States Parties
shall carry out their
obligations
under paragraph 1 of the present
article
in
conformity
with any
treaties
or other
arrangements
on
mutual legal assistance
that may
exist
between them. In the
absence
of such
treaties
or
arrangements
,
States Parties
shall afford one another
assistance
in
accordance
with their
domestic law
. ...
ARTICLE-7
[
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]
...
States Parties
shall,
subject
to the
provisions
of their
national law
: ...
ARTICLE-8
[
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]
... (c) Allowing the
views
, needs and
concerns
of
child victims
to be presented and considered in
proceedings
where their
personal
interests
are
affected
, in a
manner
consistent with the procedural
rules
of
national law
; ...
... (e)
Protecting
, as appropriate, the
privacy
and
identity
of
child victims
and taking
measures
in
accordance
with
national law
to
avoid
the inappropriate
dissemination
of
information
that could
lead
to the
identification
of
child victims
; ...
ARTICLE-9
[
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]
... 1.
States Parties
shall
adopt
or strengthen,
implement
and
disseminate
laws
,
administrative measures
,
social
policies
and
programmes
to
prevent
the
offences
referred to in the present
Protocol
. Particular
attention
shall be given to
protect
children
who are especially
vulnerable
to such practices. ...
ARTICLE-11
[
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]
... (a) The
law
of a
State Party
; ...
... (b)
International law
in
force
for that
State
. ...
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