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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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offence
[
Global Index
]
ARTICLE-3
[
go to this ARTICLE
]
... 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: ...
... 3. Each
State Party
shall make such
offences
punishable by appropriate
penalties
that take into
account
their
grave nature
. ...
... 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
[
go to this ARTICLE
]
... 1. Each
State Party
shall take such
measures
as may be necessary to
establish
its
jurisdiction
over the
offences
referred to in
article
3, paragraph 1, when the
offences
are commited in its
territory
or on
board
a
ship
or
aircraft
registered
in that
State
. ...
... 1. Each
State Party
shall take such
measures
as may be necessary to
establish
its
jurisdiction
over the
offences
referred to in
article
3, paragraph 1, when the
offences
are commited in its
territory
or on
board
a
ship
or
aircraft
registered
in that
State
. ...
... 2. Each
State Party
may take such
measures
as may be necessary to
establish
its
jurisdiction
over the
offences
referred to in
article
3, paragraph 1, in the following
cases
: ...
... 3. Each
State Party
shall also take such
measures
as may be necessary to
establish
its
jurisdiction
over the aforementioned
offences
when the alleged
offender
is present in its
territory
and it does not
extradite
him or her to another
State Party
on the ground that the
offence
has been committed by one of its
nationals
. ...
... 3. Each
State Party
shall also take such
measures
as may be necessary to
establish
its
jurisdiction
over the aforementioned
offences
when the alleged
offender
is present in its
territory
and it does not
extradite
him or her to another
State Party
on the ground that the
offence
has been committed by one of its
nationals
. ...
ARTICLE-5
[
go to this ARTICLE
]
... 1. The
offences
referred to in
article
3, paragraph 1, shall be deemed to be
included
as
extraditable offences
in any
extradition
treaty
existing
between
States Parties
and shall be
included
as
extraditable offences
in every
extradition
treaty
subsequently concluded between them, in
accordance
with the
conditions
set forth in such
treaties
. ...
... 1. The
offences
referred to in
article
3, paragraph 1, shall be deemed to be
included
as
extraditable offences
in any
extradition
treaty
existing
between
States Parties
and shall be
included
as
extraditable offences
in every
extradition
treaty
subsequently concluded between them, in
accordance
with the
conditions
set forth in such
treaties
. ...
... 1. The
offences
referred to in
article
3, paragraph 1, shall be deemed to be
included
as
extraditable offences
in any
extradition
treaty
existing
between
States Parties
and shall be
included
as
extraditable offences
in every
extradition
treaty
subsequently concluded between them, in
accordance
with the
conditions
set forth in such
treaties
. ...
... 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
. ...
... 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
. ...
... 4. Such
offences
shall be treated, for the
purpose
of
extradition
between
States Parties
, as if they had been committed not only in the
place
in which they occurred but also in the
territories
of the
States
required to
establish
their
jurisdiction
in
accordance
with
article
4. ...
... 5. If an
extradition request
is made with
respect
to an
offence
described
in
article
3, paragraph 1, and the requested
State Party
does not or will not
extradite
on the basis of the
nationality
of the
offender
, that
State
shall take suitable
measures
to submit the
case
to its
competent authorities
for the
purpose
of
prosecution
. ...
ARTICLE-6
[
go to this ARTICLE
]
... 1.
States Parties
shall afford one another the
greatest
measure
of
assistance
in
connection
with
investigations
or
criminal
or
extradition
proceedings
brought in
respect
of the
offences
set forth in
article
3, paragraph 1,
including
assistance
in obtaining
evidence
at their
disposal
necessary for the
proceedings
. ...
ARTICLE-7
[
go to this ARTICLE
]
... (i)
Goods
, such as
materials
,
assets
and other
instrumentalities
used to commit or
facilitate
offences
under the present
protocol
; ...
... (ii) Proceeds derived from such
offences
; ...
... (c) Take
measures
aimed at closing, on a
temporary
or definitive basis,
premises
used to commit such
offences
. ...
ARTICLE-8
[
go to this ARTICLE
]
... 3.
States Parties
shall ensure that, in the
treatment
by the
criminal
justice
system
of
children
who are
victims
of the
offences
described
in the present
Protocol
, the best
interest
of the
child
shall be a primary
consideration
. ...
... 4.
States Parties
shall take
measures
to ensure appropriate
training
, in particular
legal
and
psychological
training
, for the
persons
who
work
with
victims
of the
offences
prohibited
under the present
Protocol
. ...
... 5.
States Parties
shall, in appropriate
cases
,
adopt
measures
in
order
to
protect
the
safety
and
integrity
of those
persons
and/or
organizations
involved in the
prevention
and/or
protection
and
rehabilitation
of
victims
of such
offences
. ...
ARTICLE-9
[
go to this ARTICLE
]
... 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. ...
... 2.
States Parties
shall
promote
awareness
in the
public
at large,
including
children
, through
information
by all appropriate means,
education
and
training
, about the
preventive
measures
and
harmful
effects
of the
offences
referred to in the present
Protocol
. In fulfilling their
obligations
under this
article
,
States Parties
shall
encourage
the
participation
of the
community
and, in particular,
children
and
child victims
, in such
information
and
education
and
training programmes
,
including
at the
international level
. ...
... 3.
States Parties
shall take all feasible
measures
with the aim of ensuring all appropriate
assistance
to
victims
of such
offences
,
including
their
full
social reintegration
and their
full
physical
and
psychological
recovery
. ...
... 4.
States Parties
shall ensure that all
child victims
of the
offences
described
in the present
Protocol
have
access
to adequate
procedures
to
seek
, without
discrimination
,
compensation
for
damages
from those legally
responsible
. ...
... 5.
States Parties
shall take appropriate
measures
aimed at effectively
prohibiting
the
production
and
dissemination
of
material
advertising
the
offences
described
in the present
Protocol
. ...
ARTICLE-15
[
go to this ARTICLE
]
... 2. Such a
denunciation
shall not have the
effect
of releasing the
State Party
from its
obligations
under the present
Protocol
in
regard
to any
offence
that occurs
prior
to the
date
on which the
denunciation
becomes effective. Nor shall such a
denunciation
prejudice
in any way the continued
consideration
of any matter that is already under
consideration
by the
Committee
on the
Rights
of the
Child
prior
to the
date
on which the
denunciation
becomes effective. ...
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