prop · GP03186 · 2002-05-28 00:00:00 — 1.Varje konventionsstat skall vidta alla rättsliga, administrativa och andra åtgärder som krävs för att säkerställa att bestämmelserna i detta protokoll genomförs och tillämpas effektivt inom dess jurisdiktion. 2.Konventionsstaterna åtar sig att genom lämpliga åtgärder göra protokollets principer och bestämmelser allmänt kända bland såväl vuxna som barn. 3.Konventionsstaterna skall vidta alla genomförbara åtgärder för att säkerställa att personer inom deras rättskipningsområde som rekryteras eller används i fientligheter i strid med detta protokoll hemförlovas eller på annat sätt frigörs från tjänst. Konventionsstaterna skall om nödvändigt ge dessa personer allt tillbörligt bistånd för deras fysiska och psykiska rehabilitering och återanpassning i samhället. 1.Konventionsstaterna skall samarbeta om genomförandet av detta protokoll, inbegripet förhindrande av varje verksamhet som strider mot protokollet och om rehabilitering och återanpassning i samhället av personer som är offer för handlingar i strid med detta protokoll, bland annat genom tekniskt samarbete och ekonomiskt bistånd. Sådant bistånd och samarbete kommer att ske i samråd mellan berörda konventionsstater och relevanta internationella organisationer. De konventionsstater som har möjlighet därtill skall lämna sådant bistånd genom befintliga multilaterala, bilaterala eller andra program, eller, bland annat, genom en frivillig fond som upprättas i enlighet med generalförsamlingens regler. Bilaga 3: Fakultativt protokoll till konventionen om barnets rättighet om handel med barn, barnprostitution och barnpornografi-engelsk text Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography States Parties shall prohibit the sale of children, child prostitution and child pornography as provided for by the present Protocol. For the purposes of the present Protocol: (a)of children means any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration; (b)Child prostitution means the use of a child in sexual activities for remuneration or any other form of consideration; (c)Child pornography means any representation, by whatever means, of a child engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes. 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: (a) In the context of sale of children as defined in article 2: (i) Offering, delivering or accepting, by whatever means, a child for the purpose of. Sexual exploitation of the child; b. Transfer of organs of the child for profit; c. Engagement of the child in forced labour; (ii) Improperly inducing consent, as an intermediary, for the adoption of a child in violation of applicable international legal instruments on adoption; (b) Offering, obtaining, procuring or providing a child for child prostitution, as defined in article 2; (c) Producing, distributing, disseminating, importing, exporting, offering, selling or possessing for the above purposes child pornography as defined in article 2. 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. 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. States Parties shall take all appropriate legal and administrative measures to ensure that all persons involved in the adoption of a child act in conformity with applicable international legal instruments. 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: (a) When the alleged offender is a national of that State or a person who has his habitual in its territory; (b) When the victim is a national of that State. 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. 4.The present Protocol does not exclude any criminal jurisdiction exercised in accordance with internal law. 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. 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. 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. 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. States Parties shall, subject to the provisions of their national law: (a)Take measures to provide for the seizure and confiscation, as ppropriate, of: (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; (b)Execute requests from another State Party for seizure or confiscation of goods or proceeds referred to in subparagraph (a) (i) and (ii); (c)Take measures aimed at closing, on a temporary or definitive basis, premises used to commit such offences. States Parties shall adopt appropriate measures to protect the rights and interests of child victims of the practices prohibited under the present Protocol at all stages of the criminal process, in particular by: (a)Recognizing the vulnerability of child victims and adapting procedures to recognize their special needs, including their special needs as witnesses; (b)Informing child victims of their rights, their role and the scope, timing and progress of the proceedings and of the disposition of their cases; (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 consistent with the procedural rules of national law; (d)Providing appropriate support services to child victims throughout the legal process; (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; (f)Providing, in appropriate cases, for the safety of child victims, as well as that of their families and witnesses on their behalf, from intimidation and retaliation; (g)Avoiding unnecessary delay in the disposition of cases and the execution of orders or decrees granting compensation to child victims. States Parties shall ensure that uncertainty as to the actual age of the victim shall not prevent the initiation of criminal investigations, including investigations aimed at establishing the age of the victim. States Parties shall ensure that, in the treatment by the criminal 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. 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. 6.Nothing in the present article shall be construed to be prejudicial to or inconsistent with the rights of the accused to a fair and impartial trial. 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. 1.States Parties shall take all necessary steps to strengthen international cooperation by multilateral, regional and bilateral arrangements for the prevention, detection, investigation, prosecution and punishment of those responsible for acts involving the sale of children, child prostitution, child pornography and child sex tourism. States Parties shall also promote international cooperation and coordination between their authorities, national and international non-governmental organizations and international organizations. 2.States Parties shall promote international cooperation to assist child victims in their physical and psychological recovery, social reintegration and repatriation. 3.States Parties shall promote the strengthening of international cooperation in order to address the root causes, such as poverty and underdevelopment, contributing to the vulnerability of children to the sale of children, child prostitution, child pornography and child sex tourism. States Parties in a position to do so shall provide financial, technical or other assistance through existing multilateral, regional, bilateral or other programmes. Nothing in the present Protocol shall affect any provisions that are more conducive to the realization of the rights of the child and that may be contained in: (a)The law of a State Party; (b)International law in force for that State. 1.Each State Party shall, within two years following the entry into force of the present Protocol for that State Party, submit a report to of the Child providing comprehensive information on the measures it has taken to implement the provisions of the Protocol. 2.Following the submission of the comprehensive report, each State Party shall include in the reports they submit to of the Child, in accordance with article 44 of the Convention, any further information with respect to the implementation of the present Protocol. Other States Parties to the Protocol shall submit a report every five years. 3.The Committee on the Rights of the Child may request from States Parties further information relevant to the implementation of the present Protocol. 1.The present Protocol is open for signature by any State that is a party to the Convention or has signed it. The present Protocol is subject to ratification and is open to accession by any State that is a party to the Convention or has signed it. Instruments of ratification or accession shall be deposited with the Secretary- General of the United Nations. 1.The present Protocol shall enter into force three months after the deposit of the tenth instrument of ratification or accession. 2.For each State ratifying the present Protocol or acceding to it after its entry into force, the Protocol shall enter into force one month after the date of the deposit of its own instrument of ratification or accession. 1.Any State Party may denounce the present Protocol at any time by written notification to the Secretary- General of the United Nations, who shall thereafter inform the other States Parties to the Convention and all States that have signed the Convention. The denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General. 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. such a denunciation prejudice in any way the continued consideration of any matter that is already under consideration by of the Child prior to the date on which the denunciation becomes effective. 1.Any State Party may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall there upon communicate the proposed amendment to States Parties with a request that they indicate whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. amendment adopted by a majority of States Parties present and voting at the conference shall be submitted to the General of the United Nations for approval. 2.An amendment adopted in accordance with paragraph 1 of the present article shall enter into force when it has been approved by the General and accepted by a two-thirds majority of States Parties. 3.When an amendment enters into force, it shall be binding on those States Parties that have accepted it, other States Parties still being bound by the provisions of the present Protocol and any earlier amendments they have accepted. 1.The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations. The Secretary-General of the United Nations shall transmit certified copies of the present Protocol to all States Parties to the Convention and all States that have signed the Convention. Kommentar angående språkversion: En översättning till svenska är under utarbetande för att inkluderas i proposition angående godkännande av protokollet. Bilaga 4: Publikationer Barn med funktionshinder, (Art nr UD 01.032) Barn på institution, (Art nr UD 01.030) Barnrättsperspektiv i utvecklingssamarbetet, (Art nr UD 01.047) Barn som drabbas av hiv och aids, (Art nr UD 01.031) Kommersiell sexuell exploatering av barn, (Art nr UD 01.062) (samtliga publikationer finns även på engelska) Child Impact Assessments, (Art nr S 2001.014) Children as participants, (Art nr S 2001.028) Ending Corporal Punishment, (Art nr S 2001.015) Samtliga publikationer finns tillgängliga på hemsida Bilaga 5: Företeckning över rapporter med statistiskauppgifter State of the World´s Children 2000, utgiven av We the children-Meeting the Ptomises of the World Summit for children, rapport av FN:s generalsekreterare, utgiven of the World Population, utgiven av UNFPA Statistics on Working Children and Hazardous Child Labour in Brief by Kebebew Ashagrie, utgiven av , , rev. Sexual Exploitation of Children and Youth, utgiven av ESCAP-FN:s ekonomiska och sociala kommission för och State of the World Refugees 2001, utgiven av UNHCR A Future without Child Labour - Global Report under the Follow-up to the and Rights at Work 2002, 90th Session 2002 Report I (B) 2002 Conclusions by the Presidency: EU seminar on Children affected by armed conflict and forces displacement-a child reights perspective in development co-operation and migration policies, , , 1-2 2001 Utdrag ur protokoll vid regeringssammanträde Närvarande: statsministern , ordförande, och statsråden, , , , , , , , , , , , , , , , Regeringen beslutar skrivelsen 2001/2002:186 Ett barnrättsperspektiv i internationellt utvecklingssamarbete