1. Introduction
1. “Every day, across all countries
and levels of society, millions of girls and boys face the alarmingly common
childhood experience of sexual abuse and exploitation,” said Amina
J. Mohammed, the UN Deputy Secretary-General in 2018, – “Preventing
violence and exploitation of children is everyone’s business, everywhere,
at all times. We must address this challenge and break the silence”.
2. In recent years, much has been done to tackle sexual violence
against children. Awareness of the prevalence of such violence has
been raised. Past occurrences (“historic child sexual abuse”) have
been disclosed in several countries and received significant media
attention. International legal standards have been developed. National
strategies have been put into place. Innovative approaches, such
as Barnahús – child-friendly
interdisciplinary focal points for abuse disclosure and child protection
– have been promoted.
3. Nevertheless, challenges remain. The use of information and
communication technologies (ICTs) facilitates sexual violence at
an unprecedented level, and the increase of child sexual abuse material
on-line is exponential. In 2019 alone, the Internet Watch Foundation
dealt with over a quarter of a million reports of on-line images
and videos of child sexual abuse, which is twice as many as in 2016.
At the same time, sexual violence
against children remains largely unreported, and is often referred
to as the “taboo of taboos”. Balance between the best interest of
the child and the need to prosecute the perpetrators is not easy
to achieve. Lack of co-ordination among relevant agencies often
impedes effective responses.
4. Today, with the outbreak of the COVID-19 pandemic, the risks
of sexual violence against children are even higher than usual.
In some cases, children are confined with their abusers. Be it in
the family, in institutions or in refugee camps – these children
are isolated and may have no access to any assistance or support.
In other cases, children are more exposed to sexual exploitation
due to loss of financial stability. Finally, as millions of children
and adults are confined with easy access to the Internet, a substantial
increase in demand and supply of child sexual exploitation material
has already been reported.
5. In 2020, we are celebrating the 10th anniversary
of the entry into force of the Council of Europe Convention on the
Protection of Children against Sexual Exploitation and Sexual Abuse
(Lanzarote Convention, CETS No. 201).In
only 10 years, this Convention has been signed by all 47 member
States of the Council of Europe. Just one ratification remains outstanding
(Ireland). The Convention is also open to countries which are not
member States of the Council of Europe, and Tunisia became the 1st such
country to join the Convention in 2019. Since 2010, the Lanzarote
Convention monitoring system has been in place. The 2nd monitoring
round is to be completed in 2020. It is, therefore, a good time
to take stock of what has been achieved, and to encourage stronger
action.
6. I hope that the present report will be useful for this purpose.
In particular, I would like to reflect on the recent developments
in addressing sexual violence against children at national, European
and international levels and propose actions to step up initiatives
and co-operation in this area.
7. In the preparation of this report I worked in close co-operation
with the Council of Europe Committee of the Parties to the Convention
on the Protection of Children against Sexual Exploitation and Sexual
Abuse (Lanzarote Committee), as well as the “Start to Talk” Campaign
and the Children’s Rights Division. It was my great pleasure to
represent the committee at the Expert Conference on Sexual Violence
against Women and Children in Sports held in Helsinki, Finland,
in 2019. A fact-finding visit to Germany on 6-7 May 2019 allowed me
to gain insight into the policies developed at the national level.
A hearing on 26 June 2019 with the participation of Ms Gioia Scappucci,
Executive Secretary of the Lanzarote Committee, and Ms Tineke Sonck, Co-founder
of the Belgian Voices in Sport Foundation, provided an opportunity
to explore key challenges in this area.
8. I also had the opportunity to speak on several occasions to
Ms Najat Maalla M'jid, former UN Special Rapporteur on the sale
of children, child prostitution and child pornography, who was appointed
Special Representative of the Secretary-General on Violence Against
Children on 30 May 2019, as well as with her predecessor, Ms Marta
Santos Pais. In July 2019, I was part of a discussion panel organised
in New York as a side-event to the UN High-level Political Forum
on Sustainable Development (HLPF), which brought together representatives
from the Assembly, the Inter-Parliamentary Union (IPU), the International
Federation of Association Football (FIFA), the UN Secretary General
and UNICEF, and highlighted the urgent need to protect children
who face sexual abuse from those in their “circle of trust”. The
event included the moving testimony of an Olympic gymnast, who had
faced such abuse.
2. What do we mean when we talk about
sexual violence against children?
9. Sexual violence against children
takes place in different contexts and settings, ranging from home, school
and sports clubs to orphanages and refugee camps, as well as on-line.
Such violence can take different forms, from inappropriate touching
to gang rape and long-lasting propagation of sexual abuse on the
part of authority figures. All age groups are concerned. It is therefore
a broad phenomenon, which requires both comprehensive and targeted
approaches and policies, which should be developed and put into
practice at different levels. For the purposes of this report, I
will use the definitions mentioned below.
10. In line with international standards and in accordance with
the Lanzarote Convention, “child” means any person under the age
of 18 years.
11. When dealing with sexual violence against children, the concept
of “the age of sexual of consent” should also be borne in mind.
The age of sexual consent means “the age below which, in accordance
with national law, it is prohibited to engage in sexual activities
with a child.”
Consequently, an adult who engages
in sexual activity with a child under the age of consent cannot
claim that the sexual activity was consensual, and such sexual activity
is to be considered child sexual abuse or statutory rape. In Europe,
the age of consent varies between 14 and 18 years of age, also depending
on the age of the older person (e.g. in cases of consensual relationships
between minors or when there is only a small age difference), and
on whether the older person is in a position of trust or authority,
or is recognised to be abusing the younger one.
12. According to the Lanzarote Convention, “sexual exploitation
and sexual abuse of children” relate to a broad range of behaviours
(as referred to in Articles 18 to 23) including – but not limited
to – the following: engaging in sexual activities with a child (except
for consensual sexual activities between minors); recruiting, coercing
or having recourse to child sexual exploitation; facilitating or
possessing child sexual abuse material; intentionally causing, for
sexual purposes, a child to witness sexual abuse or sexual activities;
and solicitation of children for sexual purposes.
Today, the notion of “sexual violence”
is increasingly used as an umbrella term that includes sexual exploitation
and sexual abuse. Experts point out that “from a child rights perspective, what
matters is that the protection granted or sought through both legislation
and policies be as broad and effective as possible, leaving no room
for loopholes and securing all children’s protection and freedom
from harm”.
13. In recent years, the terminology used in this area has been
questioned. The way we frame the discussion is not neutral and is
evolving over time. For example, it has been pointed out that the
terms “child pornography” and “child prostitution” might be understood
to imply children’s consent to their own exploitation and should therefore
be avoided. Similarly, the use of the term “survivor” is sometimes
preferred to “victim,” as it implies resilience and helps to avoid
continued victimisation. While both terms are used interchangeably
in different contexts, it is recommended to use caution and never
to label a person who does not want to be so called “victim” or
“survivor.” Useful advice on terminology is available in the ECPAT
Terminology Guidelines for the Protection of Children from Sexual
Exploitation and Sexual Abuse (Luxembourg Guidelines), which have
been developed by a group of specialists from all over the world
and are internationally recognised as a reliable reference tool.
3. Why
do we need to step up action and co-operation in Europe?
14. Sexual violence against children
has been referred to as “one of the largest silent global pandemics
of our time,”
as many victims never speak out
or only do so decades after the fact. While data is difficult to
obtain and should be treated with caution, the academic estimate
that globally 120 million (or one in 10) girls under the age of
20 have experienced some form of forced sexual contact,
is
probably a gross underestimate. Even the analysis of data for 24
countries by UNICEF (primarily in high- and middle-income countries),
which showed that sexual violence in childhood ranged from 8% to
31% for girls and 3% to 17% for boys
, is probably still an underestimate.
In Europe,
it is estimated that at least 1 in
5 (both boys and girls) have experienced sexual violence.
Higher awareness among health and
education professionals as well as among the general public, is
likely to make it easier for children to speak out about – previously
hidden – abuse.
15. High profile scandals have drawn attention to this problem
in recent years. In France, an intense debate erupted in January
2020, when Ms Vanessa Springora published her book
Consent with a personal account
of being seduced at the age of 14 by Mr Gabriel Matzneff, a literary
celebrity and award winner, who was then in his 50s. Mr Matzneff
had always been open about his sexual activities with minors, and
has written many books and spoken on television on this subject.
Despite this, he had never been convicted, and benefited from wide-spread
support in literary circles.
It took this witness account to
raise public concern. Prosecutors in Paris have opened an investigation
into the case and are looking for other victims.
In my own country, the United Kingdom,
the case of the television presenter Mr Jimmy Savile, whose sexual
abuse of hundreds of children was only seriously investigated after
his death in 2011,
caused similar outrage.
16. While elites often have the means and may have the sense of
entitlement to disregard ordinary standards of conduct, sexual abuse
of children is not limited to one particular social group. All strata
of society are concerned. Moreover, both wealthy and poor countries
are affected, with some high- and middle-income countries being
at the bottom quartile of the overall rankings.
While most perpetrators are men,
between 11-23% of perpetrators are estimated to be women.
17. Most child sexual abuse happens within the “circle of trust”
– within the family, amongst friends, in childcare services. Shockingly,
research shows that 90% of perpetrators are known to the child.
About 60% of adult perpetrators
are non-relative acquaintances trusted by the family, while 30%
of abusers are relatives of the child. It is precisely for this
reason that the Lanzarote Committee decided to address the issue
of sexual abuse in the “circle of trust” in its 1st monitoring
round held in 2015-2018.
18. Too often, it is the very people who have the responsibility
to act in the best interest of the child who abuse their position
of authority. Multiple scandals have been revealed in the past,
such as wide spread child abuse in Irish Catholic-run institutions
for children;
hundreds of children in council care
in Nottinghamshire, United Kingdom, being exposed to sexual abuse
by staff in 1960-1990s
; the Casa Pia affair in Portugal involving
a State-run orphanage;
as well as the existence of the
Dutch Party for Neighbourly Love, Freedom, and Diversity, which
was founded by self-described paedophiles (2006-2010).
While much has been done to address
such abuse, it has not been eradicated. In 2019, a Vatican ex‑diplomat
was sentenced to five years in prison on child pornography charges.
In France, a preliminary investigation
is currently underway with respect to a surgeon who is suspected
of having committed sexual assaults against hundreds of children hospitalised
in the dozen establishments where the doctor had operated for more
than 30 years. The first trial is foreseen in March 2020.
Scandals related to child abuse
in sport are being revealed, as more athletes come forward to describe
their own experiences with coaches.
19. Although all social groups are concerned, children in vulnerable
situations, such as disabled children, children in migration or
children in armed conflict, run a higher risk of becoming victims
of sexual violence. In 2020, a staggering 168 million people will
need humanitarian assistance and protection. This is 1 in 45 people in
the world, which is the highest figure in decades.
This makes
it particularly difficult to address sexual violence against children,
with increased risks of child trafficking, commercial sexual exploitation
and “survival sex”. A US Justice Department report released in 2019,
said that there were 4 500 complaints in four years concerning child
sexual abuse in US immigration detention centres.
20. As many as 40% of children who are sexually abused are abused
by older, or more powerful children. Juveniles who commit sex offenses
against other children are more likely than adult sex offenders
to offend in groups and to have younger victims.
21. The rapid development of information and communication technologies
takes sexual violence against children to an entirely new level.
“Sexting”, “revenge porn”, “sex-chatting”, “sextortion” and “on-line
grooming” are just some examples of possible ways of abuse.
While it is estimated that about
175 000 children go on-line for the first time every day, not enough
is done to make them aware of possible dangers, and children often mistakenly
feel safer sharing private and sensitive information on-line, rather
than in other contexts.
Sexually explicit self-produced
images often end up in open access and can be used for cyber-bullying
and “sextortion”, with highly traumatic consequences for the children
concerned. It is to address this concern that the Lanzarote Committee
decided to focus on the issue of sexually explicit self-produced
images in its 2nd monitoring round (2017-2020).
22. The oversexualisation of our societies in general and children
in particular, combined with the normalisation of pornography, creates
fertile ground for abuse. Ms Gail Dines, Founder of
Culture Reframed, which was created
to address pornography as a public-health crisis, discusses in her
blistering Ted Talk how a child abuser had told her that much of
the grooming for his victims did not need to be done by him, as
it had already been done by the culture.
“Pornified culture”, transmitted
daily through teen magazines, apps and music channels, leaves children
“porn prepared”, in other words – willing to comply with expectations
in terms of their physical appearance and sexual behaviour. Today,
the
average
age of first exposure to pornography is between 9 and 11 years old.
Sexually suggestive images are used
to sell all sorts of products. They can be seen on buses and on-street
advertising, and many no longer find this shocking.
World-famous singers have produced
viral hits using “soft porn” imagery, which is presented as an expression
of emancipation, success and “girl-power” and promoted by the mainstream
media. An online magazine has promoted the idea that prostitution
is a legitimate profession like any other.
Children’s perceptions of sexuality
are thus being distorted and leave them vulnerable to risky sexual
behaviour and to sexual abuse and exploitation.
23. Sexual violence is a grave violation of human dignity. It
results in serious damage to the victims’ self-esteem, affects their
future relationships and their chances of success in life. In the
United Kingdom, a parliamentary inquiry showed that the abuse had
a devastating lifelong impact on their: intimate relationships (90%
of respondents), family life (81%), career (72%) and education (65%).
24. Furthermore, sexual violence has consequences on both the
mental and physical health of victims and often results in anxiety
disorders, depression, obsessive-compulsive disorders, sleep disorders
and post-traumatic stress disorder.
In extreme cases, sexual abuse may
lead to suicide. One survey, which looked at a sample of 147 sexually
abused adolescent girls between 14 and 18 years of age, found that
66% of girls reached a clinical score for posttraumatic stress disorder
and 53% reached a clinical score for depressive symptoms. Close
to half (46%) reported suicidal thoughts in the past three months.
25. Other long-term effects, which are less known and underestimated,
were identified in relation to sexual abuse, such as eating disorders
or alcohol or drug dependence, as well as chronic pain, and gastrointestinal, musculoskeletal,
neurological, metabolic, cardiovascular, gynaecological and allergic
dermatological disorders.
26. Sexual violence against children has a high social and economic
cost. A large study that used automated health plan data on health
care use and costs, found that women with a history of childhood
sexual abuse had unadjusted annual health care costs that were 18%
higher than costs for women without reported abuse.
It is estimated that the total lifetime
economic burden of child sexual abuse in the United States was $9.3
billion, based on child sexual abuse data in 2015.
4. COVID-19:
Sexual violence against children in a time of global health crisis
27. At the time of the writing
of this report, exceptional measures have been taken by many governments
to address the COVID-19 pandemic and to save human lives. Such measures
include complete or partial lockdowns, with school closures and
movement restrictions. While a health crisis of such scale requires decisive
and prompt action, caution has been raised as to the negative impact
on the well-being of children and the need for specific child protection
measures.
28. With a third of the global population on COVID-19 lockdown,
and 1.5 billion children out of school
, many children are trapped with
their offenders. People who could normally detect potential abuse
– family members, teachers and coaches – have no direct contact
with these children. Child protection referrals to social services
and calls to helplines have plummeted,
and therefore professionals see
less of vulnerable children, raising concern that abuse remains
unreported. With health services under pressure to address the pandemic
and providing only minimum support in other cases, the chances of
detecting and addressing child sexual abuse are drastically reduced.
29. While at present it is hard to estimate how many children
are affected, UNICEF recalls that “Increased rates of abuse and
exploitation of children have occurred during previous public health
emergencies. School closures during the outbreak of Ebola virus
disease in West Africa from 2014 to 2016, for example, contributed to
spikes in child labor, neglect, sexual abuse and teenage pregnancies.
In Sierra Leone, cases of teenage pregnancy more than doubled to
14 000 from before the outbreak.”
30. In many cases, social services are left “without any national
rules or advice on how to adapt their approach to ensure even minimal
safeguards when contact is limited”.
Social workers might fear for the
well-being of children but have no effective means of assessing
the situation. Even in cases where children have access to a telephone,
they might not have sufficient privacy for an open discussion. Disclosing
abuse can be extremely hard for the child, and often requires social
workers spending time with children in order to put them at ease
through games, toys or drawing. With no such possibilities under
lockdowns, social workers are worried about potential harm to the
children concerned, as well as possible implications for their accountability
and practice, when things go wrong.
31. Many children are confined in a particularly vulnerable situation
because of a disability or a situation of dependence. This includes
street children, children in out-of-home care, refugee camps and
facilities where children are deprived of their liberty. Reduced
services and contacts with the outside world lead to further deterioration
of these children’s mental and physical well-being, and amplify
the likelihood of them becoming either victims or perpetrators of
sexual abuse.
32. An increased amount of time spent online, including gaming
and social media, leaves children exposed to sexual offenders. As
education systems across the world have had to introduce distance
learning in haste and with no proper reflection, testing and preparation,
some of the educational applications used also fail to protect children
from unwanted attention from adults or identification of their personal
information. Discussions about the COVID-19 pandemic and the opportunities
for child sexual exploitation are appearing on the dark web.
33. With millions of people out of work the demand for pornographic
content is rapidly growing. Pornhub, which is one of the world’s
biggest pornography sites, offered its top service globally for
free for one month “in an effort to encourage the importance of
staying home and practicing social distancing during the COVID-19 pandemic”.
A free trial previously offered
to Europe had driven a 61% increase in traffic in Spain, 57% in
Italy, and 38% in France. The platform allows anyone with an account
to post content, which is then checked by human moderators and automated
technologies. In the past, the platform has dealt with allegations
of failing to remove images and videos of child sexual abuse. These
developments are particularly disturbing, when one considers that
over a third of child sexual abuse imagery online is estimated to
be ‘self-produced’. Meanwhile, an online magazine and a multimedia
messaging app have been encouraging their teen audience to create and
share sexually explicit material while they are at home during the
coronavirus quarantine.
34. On the positive side, many organisations have reacted promptly
to raise concern, to provide guidance and to share useful resources.
Mr António Guterres, UN Secretary General, issued a stark warning
that what had started as a public health emergency was rapidly turning
into a human rights crisis.
In
its
new report on COVID-19 and human rights, the UN highlighted that States must protect children
from violence and ensure continuity of support services during the
crisis.
The
UN Inter-Agency Working Group on Violence against Children has developed
an Agenda for Action
,
which provides examples on how member States can place the protection
of children’s rights as a top priority during the crisis and calls
for using the protection of children as a common cause that can
stoke a greater sense of unity among people.
The World
Health Organisation and 20 other organisations have called on governments
to ensure that COVID-19 response plans integrate age appropriate
and gender sensitive measures to protect all children from violence
and that child protection services and workers are designated as
essential and resourced accordingly.
35. The Lanzarote Committee has called on its States Parties to
ensure that all children are confined in safe environments and has
stressed the importance of helplines and hotlines.
GREVIO (the Group of Experts on Action
against Violence against Women and Domestic Violence) has welcomed
solutions introduced by the member States to address domestic violence,
such as information campaigns and online psycho-social support,
as well as the inclusion of domestic violence support services amongst
the “essential services”, and has encouraged all Parties to the
Istanbul Convention to follow in these footsteps.
36. A technical note was developed by the Alliance for Child Protection
in Humanitarian Action, to support child protection practitioners
during the pandemic.
Resources for parents, policy makers
and child protection professionals have been made available by networks,
such as the International society for the prevention of child abuse
and neglect
and Global Partnership to End Violence
Against Children.
5. A
solid basis to build upon
37. In recent years, substantial
efforts to address sexual violence against children have been made
at national, European and global levels. While it is not possible
to provide a comprehensive account of these efforts in the present
report, I would like to mention a few selected examples.
5.1. Addressing
sexual violence against children at a national level: Germany
38. Sexual violence against children
hit the headlines in Germany in 2010, when widespread and serious sexual
abuse at Catholic boarding schools, and at a “reform” private boarding
school not affiliated with a religious order,
came
to light. The cases of Germany and Ireland were already given particular
attention in the 2010 Parliamentary Assembly report of our former
colleague, Ms Marlene Rupprecht (Germany, SOC), on “Child abuse
in institutions: ensuring full protection of the victims”.
39. The German government responded by setting up a “round table”
on sexual abuse of children in relationships of dependency and power
in private and public institutions and in the family
and appointed an Independent Commissioner
in 2010. However, many victims and survivors felt that the response
was inadequate and kept up the pressure. An Independent Enquiry
into Child Sex Abuse in Germany (CSA) was set up in 2016.
A
new German National Council to prevent the sexual abuse of minors
met for the first time on 2 December 2019.
5.1.1. The
criminal justice system
40. As in many of our countries,
the criminal justice system in Germany is not (yet) well equipped
to deal with child sexual abuse cases in a way which would encourage
reporting. Many victims and survivors (who contacted the Independent
Enquiry) who had not reported feared that they would encounter a
lack of sensitivity, and that they would not be believed,
while they themselves
would be put in a role associated with high psychological strain.
This
is also one of the reasons why experts (including counselling centres,
or NGOs specialising in victim support, like
Wildwasser
e.V.), often recommend not reporting the crimes.
The length of
proceedings, the level of penalties perceived as low, and the statute
of limitations are cited as further impeding factors. The Independent
Enquiry has issued a set of recommendations to address these problem areas,
in particular through appropriate training of prosecutors and judges,
expedited proceedings, and equipping the judiciary with the necessary
human and material resources in a sustainable manner.
41. However, it should be recognised as a big step forward that
the statute of limitations was reformed in 2015, and now only begins
after the victims and survivors reach the age of 30. Furthermore,
in the most severe instances of child sex crimes the statute of
limitations can be up to 20 years. However, the new statute of limitations
does not apply for victims and survivors for whom the criminal charges
were statute-barred on 27 January 2015, when the law came into force,
and so has nevertheless left many unsatisfied. The criminal justice
reform of 2015 also improved the situation with regard to the prosecution
of offences linked to child pornography and sexual abuse of charges/wards
(sexueller MissbrauchSchutzbefohlener). The criminalisation of
cyber grooming was being worked upon during my visit and has recently
been written into law according to information received from my
colleague Ms Sybille Benning on 19 May 2020. The first children’s
house based on the Icelandic Barnahús model
opened in Leipzig in September 2018.
5.1.2. Victim
support
42. The three main demands of the
NGO “Eckiger Tisch e.V.” (set up by survivors of child sexual abuse
in Catholic schools run by the Jesuit order), which are quite typical
of NGOs set up by victims and survivors in Germany, are “reappraisal”
(Aufarbeitung), support and
compensation. According to this NGO, none of these three demands
has been met so far.
43. Regarding reappraisal, the NGO considers the efforts of the
Catholic Church in Germany as insufficient. While a September 2018
study of child sex abuse in the German Catholic Church commissioned
by the Conference of German Bishops identified 3 677 “proven” victims
and 1 670 abusive Catholic priests, other studies claim up to 100 000
victims.
However, the Catholic Church in
Germany has been actively putting in place prevention measures and
has named persons responsible for dealing with sexual violence against children
over the last seven years.
44. There seems to be quite a good level of victim support – however,
a lot of this very important and valuable work is shouldered by
NGOs and associations of victims and survivors, many of which are
overworked and not sustainably funded. Waiting times for psychological
support can be long, and caseloads in child protective services
very high.
45. The issue of compensation is also problematic, as is the case
in most of our countries. While the Round Table set up a fund (Ergänzendes Hilfesystem), too few
victims and survivors know of its existence, and uptake is low.
The Catholic Church in Germany offers a maximum of 5 000 Euros in
compensation for (a lifetime of) suffering; the average pay-out
is, however, only 3 000 Euros, and the system of application and
award has been criticised as opaque. Uptake is very low.
5.1.3. Preventive
measures
46. Preventive measures are the
focus of much of the work of the Independent Commissioner for Child
Sex Abuse Issues, Mr Johannes-Wilhelm Rörig. He has been running
the Campaign “No Room for Abuse” for many years, and he has recently
enlisted Germany’s 30 000 schools in the Campaign.
As the example of the
Wilhelm-von-Humboldt-Gemeinschaftsschule in
Berlin shows, it is important that a code of conduct is in place for
adults dealing with children, and that there is a designated person
(in the case of this school, a teacher), who is responsible for
preventive measures. It is also important that adults “listen” and
act when a child has been abused; sadly, in general a child must
tell their story up to 10 times before being heard. Only 4% of schools
have comprehensive measures in place so far.
47. NGOs (such as “Innocence in danger”) are very active in the
field of preventive measures in the digital world. One of the current
concerns is to ensure that data protection measures do not thwart
child protection measures. Peer-to-peer digital sexual violence
amongst minors is on the rise. A new challenge is combating sexual
abuse and exploitation of children in tourism in the era of the
platform economy (allowing for greater anonymity of abusers, and
unprecedented access to children via “voluntourism”). However, ICT
developments are also making it easier for victims and survivors
to link up, network and support each other.
48. The Independent Commissioner for Child Sex Abuse Issues is
also trying to push for more and better preventive and intervention
measures in Germany’s 90 000 sport clubs. The idea of only allocating
public money to sports clubs with proper measures in place has been
floated.
49. To conclude, a broad range of measures has been put in place
in Germany in recent years to address sexual violence against children,
including legal frameworks, collaboration between agencies, prevention
and recovery measures. The general awareness of the existence and
extent of child sexual abuse in Germany has increased (although
it is estimated that 80% of cases go unreported)
, and there is now consensus that more must
be done to prevent sexual violence against children in the first
place. However, problem areas persist. Those interviewed considered
that addressing such violence is yet to be made a political priority,
and that sustainable funding is needed to effect durable change.
5.2. Addressing
sexual violence against children at the European level
50. At the European level, concerted
efforts have been made to address sexual violence against children
for the past few decades, with respect to the standard setting,
monitoring and awareness raising.
5.2.1. Legal
instruments
51. The Lanzarote Convention aims
to prevent and combat any form of sexual exploitation and sexual
abuse of children, protect the rights of child victims of sexual
exploitation and sexual abuse, and to promote national and international
co-operation in this area. All but one Council of Europe member
States (Ireland) are bound by this Convention.
52. The Istanbul Convention enshrines the obligation of the State
to take measures to prevent violence against women, protect its
victims and prosecute the perpetrators. Under this Convention the
term “women” includes girls under the age of 18. It is important
to underline the relevance of the Istanbul Convention as in most
cases victims of domestic violence have children and that violence
is directed also against children. When children are not directly
targeted, they suffer as witnesses of violence against their mothers
and therefore need protection. The limit, however, is that the Istanbul
Convention applies only to girls and not to boys, who may suffer
the same type of violence.
53. The Council of Europe Convention on Action against Trafficking
in Human Beings (CETS No.197) deals with violence against children,
including sexual violence, in the context of human trafficking.
Article 5 of this Convention outlines that “Each Party shall take
specific measures to reduce children’s vulnerability to trafficking,
notably by creating a protective environment for them”.
54. The Council of Europe Convention on Cybercrime (Budapest Convention,
ETS No.185) deals with issues of exploitation and abuse of children
through information and communication technologies.
55. In the context of the European Union, the Council and European
Parliament have adopted a Directive on combating the sexual abuse
and sexual exploitation of children and child pornography,
and monitor its implementation.
This Directive takes up the same
obligations as those contained in the Lanzarote Convention.
5.2.2. Monitoring
56. The Council of Europe Lanzarote
Committee monitors the Lanzarote Convention on a thematic basis, highlighting
good practices in Parties as well as shortcomings. It dedicated
its 1st monitoring round to the “Protection
of children against sexual abuse in the circle of trust”. This led
to the adoption of two implementation reports, respectively in 2015
and in 2018.
57. The Committee’s first report (“The framework”) addressed four
issues as follows: i) criminalisation of sexual abuse of children
in the circle of trust; ii) collection of data on child sexual abuse
in the circle of trust; iii) best interests of the child and child-friendly
criminal proceedings related to cases of child sexual abuse in the circle
of trust; and iv) corporate liability with respect to such cases.
The report stressed in particular the importance of appointment
by the judicial authorities of a special representative for the
victim to avoid a conflict of interest between the holders of parental
responsibility and the victim; the need for a child-friendly and protective
procedure for child victims in criminal proceedings; the appropriateness
of child-friendly settings (such as Children’s Houses) for the purposes
of conducting forensic interviews and court statements; and the need
to guarantee the child’s rights and best interests in all circumstances.
58. The second report (“The Strategies”) addressed the following
six issues: i) contribution of children, civil society, the private
sector and the media in the development and implementation of strategies
to fight sexual abuse of children in the circle of trust; ii) raising
awareness on sexual abuse of children in the circle of trust; iii) education
and specialised training on child sexual abuse; iv) reporting suspicion
of sexual abuse of children; v) keeping persons convicted of acts
of sexual exploitation or abuse far from children; and vi) intervention programmes
or measures for sexual offenders.
59. In 2017, the Lanzarote Committee published a Special Report,
which was the outcome of an urgent monitoring round to focus on
how the Parties to the Convention were protecting children affected
by the refugee crisis from sexual exploitation and sexual abuse.
At present, the Committee is reviewing
how its recommendations have been put into practice by the Parties.
60. The 2nd monitoring round of the
Lanzarote Convention, which is currently under way, is devoted to
“The protection of children against sexual exploitation and sexual
abuse facilitated by information and communication technologies
(ICTs)”.
One important challenge is “sexting”.
Children take images of themselves and such images can be considered
as child sexual abuse material or child pornography. In 2019, the
Lanzarote Committee adopted an “Opinion on child sexually suggestive
or explicit images and/or videos generated, shared and received
by children”,
which specified in which cases criminal
prosecution was not required and outlined necessary child support
measures. It also indicated when criminal prosecution should be used
as a last resort.
61. A second aspect of the role of the Lanzarote Committee is
to facilitate the collection, analysis and exchange of information,
experience and good practices presented by Parties, civil society
and other stakeholders to improve the capacity to prevent and combat
sexual exploitation and sexual abuse of children.
For example, on one occasion it
had been pointed out that the Dutch judicial system did not allow
using evidence against child sex offenders collected through police
officers who were posing as children. The reasoning for this was
that there were no children involved in such contacts, but only
adults posing as children. Based on the example of other judicial
systems, which considered that the crime of sexual abuse included trying
to contact children, the Netherlands has since amended its domestic
law accordingly to resolve this issue.
62. I would also like to mention here that the Lanzarote Committee
organises national capacity-building seminars on the margins of
its meetings, which provide valuable insight for the Committee members
into the developments in a specific country. I attended such a seminar
in Cyprus in 2019 and learned, with great interest, of the comprehensive
national strategy, covering primary, secondary and tertiary prevention,
and based on a “whole-society” approach. The establishment of a
Children’s House was one of the outcomes of successful inter-disciplinary
co-operation. Each service had to give up part of its mandate, but
everyone gained in the end, as a result of a more effective and
child-friendly services. High level support (including support of the
President of Cyprus) and strong political will were key for success
of this work. Private sector and civil society organisations played
an important role. For example, Foni (Voice)
is an association that aims to provide “safe space” where help can
be sought and to “give voice” to the victims of sexual violence.
These developments were of special interest to me, as the Assembly
ran a pilot project in Cyprus in 2013-2016 in the framework of the
Council of Europe’s ONEinFIVE campaign, with the active involvement
of our former President Ms Stella Kyriakides and with financial
support from the A.G. Leventis Foundation, and I was delighted to
see that this work was made sustainable and has been successfully
built upon.
63. For the past ten years the Council of Europe has increased
its support for co-operation projects to assist the member States
in bringing their policy and practice in compliance with the Council
of Europe standards and in order to address shortcomings identified
through its monitoring activities. One example is the “End Online Child
Sexual Exploitation and Abuse @ Europe project” (EndOCSEA@Europe),
managed by the Children’s Rights Division and implemented in co-operation
with the Cybercrime Office (C-PROC) in Bucharest. The project focuses
on strengthening responses to such on-line violence in Albania,
Armenia, Azerbaijan, Bosnia and Herzegovina, Georgia, Republic of
Moldova, Montenegro, Serbia, Turkey and Ukraine. Armenia, Azerbaijan,
and Ukraine have been endorsed as pilot countries.
Another example is the support provided
to Slovenia for setting up its own Children’s House /
Barnahús, based on the Icelandic
model, in co-operation with the European Union. Under country Action
Plans, projects to support States in strengthening their responses to
violence against children, including sexual violence are also being
increasingly launched, including in Georgia, the Republic of Moldova,
and Ukraine.
64. As for the Istanbul Convention, regular reports are published
based on a country-by-country monitoring procedure. The Committee
of the Parties, composed of representatives of the Parties to the
Convention, and GREVIO, which is a specialised independent body,
are responsible for this procedure. The implementation of the Convention
is supported through awareness raising and co-operation activities.
In May 2019, a Conference on "Women's rights at the crossroads"
devoted to international co-operation to end violence against women was
organised by the Council of Europe in co-operation with the UN Special
Rapporteur on Violence against Women, its causes and consequences,
and the French Presidency of the Committee of Ministers of the Council of
Europe. On this occasion, a statement on “Intimate partner violence
against women is an essential factor in the determination of child
custody” was produced.
A useful resource developed as part
of this programme is the manual on “Preventing and combating domestic
violence against women: A learning resource for training law-enforcement
and justice officers”.
65. GRETA (the Group of Experts on Action against Trafficking
in Human Beings) is responsible for monitoring the implementation
of the Council of Europe Convention on Action against Trafficking
in Human Beings (CETS No.197). In 2018, based on its 2nd evaluation
round, it produced a report on trafficking in children. The report
pointed out that on average children represented a quarter of the
identified victims of human trafficking.
Among its recommendations, GRETA
stressed the need to mainstream awareness of child trafficking in
schools, teacher training, and parental education, as well as in
social and child protection services.
66. Finally, there is also substantial case law from the European
Court of Human Rights on various aspects of child sexual abuse.
In some cases, the Court found that the State failed to stop the
continuation of sexual abuse (
E. and
Others v. the United Kingdom, no. 33218/96, 2002 and
E.S. and Others v. Slovakia, no.
8227/04, 2009). In other cases, the Court found the State directly
responsible for the abuse (
Aydın v. Turkey,
no. 23178/94, 1997) or found violations in the procedures in place,
such as the policy of only prosecuting rape cases where there was
evidence of physical force (
M.C. v. Bulgaria,
no. 39272/98, 2003). The Court also found that “in weighing the
interest of the child against the protection of potential abusers
(against defamation, for example), the fight against child abuse
should be given significant weight” (
Juppala
v. Finland, no.18620/03, 2008).
In one case, the Court found that
it was an inherent obligation of a Government to protect children from
ill-treatment, and that this obligation had not been met when potential
complainants had been directed away from State authorities and towards
school managers. This system of reporting abuse allowed over 400 incidents
of abuse to occur in the applicant’s school and had to be considered
ineffective (
O’Keeffe v. Ireland, no.
35810/09, 2014).
67. A priority area “A life free from violence for all children”
is part of the Council of Europe Strategy for the Rights of the
Child (2016-2021), which provides a common framework for action
for the member States in this area. A Mid-term Evaluation Conference
on the Strategy held in 2019, brought together stakeholders to engage in
a challenging and open discussion on achievements, obstacles and
trends in children’s rights, including in the area of protection
of children against sexual violence.
5.2.3. Awareness
raising
68. A broad range of awareness-raising
material has been produced by the Council of Europe, including powerful
videos, many of which went viral on the internet (ex. “Start to
Talk”, “The Lake”, “Tell Someone You Trust”,
“So,
this is sexual abuse?” and “Kiko and the Hand”).
69. A European Day on the Protection of Children against Sexual
Exploitation and Sexual Abuse is observed on 18 November each year.
The day is dedicated to raising
awareness of such violence, sharing good practices, and promoting
the ratification and implementation of the Lanzarote Convention.
This European Day was instituted by the organisation’s Committee
of Ministers in 2015 upon the Assembly’s recommendation.
70. The latest Council of Europe campaign on this topic is devoted
to speaking out against sexual abuse of children in sports under
the slogan “Start to Talk”,
which is run by Enlarged Partial
Agreement on Sport (EPAS). I had the privilege to attend several
events held in the framework of this campaign. I was deeply moved by
the brave personal accounts shared by survivors of abuse, including
Ms Karen Leach (Ireland), Ms Tineke Sonck (Belgium) and Ms Gloria
Viseras (Spain), all of whom became children’s rights activists
and are working hard to ensure that similar abuse no longer occurs.
71. This campaign has been useful for getting an insight into
the way the world of sport can allow sexual abuse and stifle open
debate. Such abuse is not limited to high-level sport but can occur
in local clubs and associations. Similarly, it is not limited to
sport, but happens in all contexts where adults have access to children,
such as cultural, educational and religious establishments. A wealth
of good practices was shared at campaign events, such as the Conference
on “Sexual Violence against Women and Children in Sports” held in
Helsinki on 29-30 April 2019.
72. I would also like to mention here that many international
and national sports bodies are taking seriously the issue of sexual
abuse in sports such as football, athletics, gymnastics and swimming.
The Centre for Sports and Human Rights launched in Geneva in 2018,
has stated as one of its purposes “to fully align the world of sports
with the fundamental principles of human dignity, human rights and
labour rights”.
The former UN Special Rapporteur
on the sale and sexual exploitation of children, Ms Maud de Boer-Buquicchio,
speaking at a conference held by the Geneva Centre, launched her
study on the sale and sexual exploitation of children in the context
of sports
and
emphasised the need for the checking of backgrounds of those dealing
with children in sport, prosecution and sanctions of the perpetrators,
care, recovery and rehabilitation services and the need to create
an awareness for meaningful participation.
73. Indeed, any kind of abuse in sport demonstrates that one of
the key factors is the misuse of power. For example, when a sports
coach offers favours and promotion to a young athlete in exchange
for sexual relations, the young athlete may be terrified to tell
someone, including parents, out of fear of losing favour. In 2017,
the United Kingdom Department for Digital, Culture, Media and Sport
asked the Paralympics athlete, Baroness Tanni Grey-Thompson, to
produce a report on the need for a total duty of care in sport.
This included the need for policies at club level on pastoral care
and support for athletes, as well as training for officials.
5.2.4. Parliamentary
action
74. The Assembly has been actively
involved in addressing sexual violence against children for many
years. As previously mentioned, the ONE in FIVE Campaign (2010-2016)
– the parliamentary dimension of which was run by the Assembly with
the help of a Network of Contact Parliamentarians – was instrumental
in promoting ratifications of the Lanzarote Convention. A number
of Assembly reports dealt with various aspects of this phenomenon,
and the Assembly ran a successful
pilot project in Cyprus (2013-2016), as mentioned above.
75. The Assembly contributes to the Council of Europe “Start to
Talk” campaign, and organised a round table on this issue in Tbilisi
in 2018, which resulted in a call for “Ten key steps to better protect
children against sexual violence in sport”.
Every year, the Assembly contributes
to the European Day on the Protection of Children against Sexual
Exploitation and Sexual Abuse (see above), by organising parliamentary
awareness-raising events.
5.3. Addressing sexual violence against
children at the global level
76. The Convention on the Rights
of the Child specifically protects children from sexual abuse and
sexual exploitation (Article 34). It provides protection against
the abduction, sale or trafficking of children for any purpose,
including sexual exploitation (Article 35). States Parties commit
themselves to promote physical and psychological recovery and social
integration of a child victim of any form of neglect, exploitation
and abuse (Article 39).
77. The Optional Protocol to the Convention on the Rights of the
Child on the sale of children, child prostitution and child pornography
was adopted in 2000 and entered into force in 2002. It provides
definitions of the sale of children, child prostitution and child
pornography. It requires its 176 States Parties to criminalise these
child rights violations as offences and to provide adequate support
services to child victims.
78. UNICEF surveys, such as “Hidden in plain sight: A statistical
analysis of violence against children,”
“Preventing and responding to child
sexual abuse and exploitation: Evidence review”, “Promising programmes to
prevent and respond to child sexual abuse and exploitation” and
“Government, civil society and private sector responses to the prevention
of sexual exploitation of children in travel and tourism” provide
valuable global data analysis and policy guidance.
79. Both the UN Special Representative of the Secretary-General
on Violence against Children, and the UN Special Rapporteur on the
sale and sexual exploitation of children, play an active role in
addressing sexual violence against children. Their reports provide
a valuable source of data on this topic. Recent examples include
the reports on “Keeping the promise: ending violence against children
by 2030”
and “Sale and sexual exploitation
of children in the context of sports”.
80. During an exchange between the Lanzarote Committee and Ms Velina
Todorova, Vice-Chairperson of the UN Committee on the Rights of
the Child in October 2019,
I
had an opportunity to learn about the complementarities between
the two bodies. The Explanatory Report
to the Guidelines regarding the implementation
of the above-mentioned Optional Protocol
includes numerous references to
the Lanzarote Committee findings and documents. The UN Committee
has less time for substantial discussions and appreciates the Lanzarote
Committee’s contribution towards the elaboration of the terminology.
The Secretariat of the Lanzarote Committee has contributed to the
drafting of the Guidelines on the Optional Protocol.
81. The WePROTECT Global Alliance to End Violence Against Children
is “an international movement dedicated to national and global action
to end the sexual exploitation of children online”. It brings together representatives
from governments, international and civil society organisations,
and the technology industry.
Since its inception in 2016, the
Global Partnership and its associated Fund (“End Violence”) have invested
close to $32 million in 37 projects across 27 countries to combat
violence against children and adolescents, primarily in digital
environments.
82. The UN Sustainable Development Goals, and in particular Target
16.2 – “End abuse, exploitation, trafficking and all forms of violence
against and torture of children” – provide an overarching global
framework and impetus for national and international efforts in
this area, and I have had the opportunity to prepare a report on
the Council of Europe’s contribution to reaching this target.
6. Joining
up the dots: conclusions and recommendations
83. Today, there exists a substantial
amount of research, policy guidelines and tools for addressing sexual violence
against children. With the broad range of examples of good practice
available, there is sufficient expertise and experience that could
be put into practice without delay.
84. What is needed is to ensure that prevention and intervention
measures are properly funded and staffed, and to promote good inter-agency
communication, co-ordination and co-operation (including data collection and
sharing, victim support and counselling). The Icelandic model, which
includes the setting up of interdisciplinary child-friendly structures
for abuse disclosure and child protection, is a very good example
of how this could be done.
85. The way in which sexual abuse is dealt with significantly
affects the level of trauma and the speed of recovery of the child.
It is therefore crucial to ensure that child victims of sexual abuse
are believed and supported, and their reports acted upon. The time
delay in children speaking up, and in reporting, should be reduced
as much as possible. This implies that relevant human and financial
resources need to be made available, on a sustainable basis.
86. While developing relevant legislation and instruments is important,
it will be up to the relevant professionals to put them into practice.
They need to have the pertinent knowledge, skills, attitudes and
values, and be sensitive to the complexity of the child’s situation.
Appropriate training for those dealing with child victims, including
in the judiciary and the prosecutor’s office, needs to be included
in relevant curricula.
87. Children in vulnerable situations (e.g. street children, children
in out-of-home care or in detention, children with disabilities
or unaccompanied migrant/refugee children) are particularly exposed
to sexual violence. Special attention should be given to their protection
and support.
88. Sexual abuse of children happens in all social groups, including
in middle-class or wealthier families. Myths should be combated,
and stigmatisation should be avoided.
89. Effective prosecution of perpetrators and payment of reparations
are an important part of rehabilitation for children victims of
sexual abuse. Such proceedings are often seen as recognition of
the damage suffered by the victims and allow them to turn the page
and move on with their life. The financial compensation to be paid
should be proportionate to the gravity of the offence. The system
of application and award should be transparent, and information
on the relevant procedures should be made systematically available
to the survivors of sexual violence. States themselves should step
in to ensure adequate financial compensation for individuals who
are victims of sexual violence as children, commensurate with the
harm suffered, including by setting up national funds for victims
who are not thus compensated by the perpetrator or the liable institution
/ legal entity.
90. A broad-based coalition, not allowing the powerful to use
their power to abuse, should be built in society (including at local
level, but also in politics) to combat sexual violence against children.
Whistle-blowers need to be protected, in order to ensure that sexual
violence against children is duly tackled, regardless of the status and
personal connections of the perpetrators.
91. Most importantly, systematic and large-scale prevention measures
are required. Education and awareness raising are essential, be
it for improving the understanding of risks of sharing sexually
explicit images; developing the ability to build respectful relationships;
or creating an understanding of how to identify and respond to the
signs of abuse. Both formal and non-formal education have a role
to play, from an early age and in a lifelong learning perspective.
Media and ICTs should be actively used for building shared responsibility for
child protection against sexual abuse.
92. However, we know there is a dark side to media and ICTs, as
well. The Council of Europe has just published an interesting comparative
review on mechanisms for collective action to prevent and combat
online child sexual exploitation and abuse.
The author of the review, independent
expert Mr John Carr, concludes that “a feasibility study should
be commissioned to determine the operational parameters and likely
costs of establishing a global observatory or think tank, with a
brief to become the world’s foremost resource for policy makers
and civil society organisations, with an interest in children’s
rights and children’s well-being in the digital environment.” I
agree with him that there is a need to develop a centre of expertise
in the technology space to complement the 2018 Committee of Ministers
Guidelines to respect, protect and fulfil the rights of the child
in the digital environment,
and would suggest the Assembly devote
a specific report to this subject in the near future.
93. Oversexualisation of children and “pornification” of our societies
need to be addressed. What works commercially (“sex sells”) must
not define what we are as a society. While acknowledging that attitudes
to sex and sexuality are evolving, we should also confront the fact
that sexual violence against children cannot be addressed effectively
in the context of aggressive oversexualisation of children from
an early age. Without trying to “put the toothpaste back in the
tube”, we need to invest massively in re-thinking and developing
a culture that brings out the best of us, not the worst. There needs
to be recognition that what is acceptable between consenting adults
is not acceptable for children. Business and media actors should
be encouraged to be socially responsible and should be held accountable
for their role in this area.
94. In times of crisis, such as the current COVID-19 pandemic,
children are particularly vulnerable to sexual violence. In the
short term, we need to raise awareness, mobilise resources and act
decisively and creatively to ensure that children do not become
“collateral damage” of the measures taken by our governments to
tackle the emergency. In the long term, we need to learn lessons
from this experience and to plan for the next crisis, be it a health
pandemic, an environmental disaster, social unrest or armed conflict.
We must ensure that there is a reliable “safety net”, which will
secure support and protection for children even in the most difficult
times.
95. Because the international dimension of child sexual abuse
is so important, I was pleased to discover that excellent working
relations have been established in the area of the rights of the
child within the Council of Europe with a broad range of partners,
including the UN Committee on the Rights of the Child. Such relations are
of utmost importance to ensure that international and European endeavours
in this area are complementary and that support is provided to member
States in the most effective way. To improve these relations further, the
Assembly should invite the UN Committee on the Rights of the Child
to support the creation of an observer seat for a Council of Europe
representative.
96. Communities and nations can develop and share good practice
in preventing and addressing child sexual abuse. This abuse is a
human rights violation and must be recognised as such. Human rights organisations
can and must collaborate globally to recognise and combat such abuse.
97. The Lanzarote Convention is a unique legal instrument, which
is the most complete and most ambitious in its objectives and working
methods. The Assembly should welcome the recent ratification of
the Lanzarote Convention by Armenia and Azerbaijan. It should also
call on Ireland to ratify without further delay; call on non-member
States of the Council of Europe to join the Convention; and call
on all Parties to the Lanzarote Convention to implement fully the
recommendations adopted by the Lanzarote Committee. As this ground-breaking
Convention is open for accession by non-Council of Europe member
States, the organisation should consider developing a strategic
approach to encourage accession by States committed to eradicating
sexual violence against children outside the pan-European continent.
98. To conclude, today no one can ignore the existence and the
scale of sexual violence against children. We know a great deal
about where it takes place and what its consequences are. We also
know that strategies, policies and measures to prevent such violence
and to protect children have been developed and put into practice
successfully in many countries. It is our responsibility as parliamentarians
to step up action and co-operation in Europe to protect children
from sexual violence, and to help them flourish as confident, respectful, responsible
and caring members of our societies.