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Resolution 2330 (2020)
Addressing sexual violence against children: stepping up action and co-operation in Europe
1. The Parliamentary Assembly is deeply
concerned by the spread of sexual violence against children, and the
fact that increasingly younger children are victimised. Millions
of girls and boys are concerned globally. While it is estimated
that in Europe at least one child in five has suffered from sexual
violence, such violence remains largely unreported due to shame,
unbalanced power relations between victims and perpetrators, fear of
disclosing intimate information and the fact that disclosure could
result in further victimisation rather than an improvement of the
situation.
2. Today, as Europe is fighting the Covid-19 pandemic and many
countries are in lockdown, the risk of child sexual abuse is even
higher. Many children are confined with their actual or potential
abusers, out of sight of others who could normally detect, prevent
or report the potential abuse. Children who live in poverty are increasingly
exposed to sexual exploitation. With more time spent by children
on gaming, social media and education platforms, online risks have
also grown. Child protection systems are not well equipped to fulfil
their mission during a global health crisis.
3. Sexual violence against children has serious adverse consequences
on their well-being, including later in life. It is an offence against
human dignity and a serious violation of human rights, including
children’s rights.
4. The Assembly notes that sexual violence against children takes
place in different settings, ranging from the home, school and sports
clubs, to orphanages and refugee camps, as well as online. Such
violence can take different forms, from inappropriate touching to
gang rape, and child sexual abuse by adults in positions of authority.
It is therefore a broad phenomenon that requires both comprehensive
and targeted approaches and policies, which should be developed
and put into practice at different levels.
5. The Assembly takes note of the wealth of national, European
and international research, experience and good practice in addressing
sexual violence against children. It calls on the Council of Europe
member States to make addressing sexual violence against children
a political priority, make full use of the available resources, and
step up their action and increase co-operation.
6. To this end, the Assembly urges member States:
6.1. with respect to policy, to:
6.1.1. develop and improve existing laws to protect children
against sexual violence, with the focus on the best interests of
the child, and in line with the United Nations Convention on the Rights
of the Child, the United Nations Optional Protocol to the Convention
on the Rights of the Child on the sale of children, child prostitution
and child pornography, the Council of Europe Convention on the Protection
of Children against Sexual Exploitation and Sexual Abuse (the Lanzarote
Convention, CETS No. 201), the recommendations of the Lanzarote
Committee, and the 2018 Committee of Ministers Guidelines to respect,
protect and fulfil the rights of the child in the digital environment;
6.1.2. set minimum standards and lay down preventive measures
to be adopted by educational, cultural, sports, religious and other
institutions or organisations where organised activities with children
take place, and to implement their legal liability if these requirements
are not met, including an obligation to report sexual violence,
access to free legal advice for children of any age, protection
for whistle-blowers, appropriate recruitment procedures for people
in contact with children, and adequate transparency and accountability;
6.1.3. ensure that the age of sexual consent is not lower than
18, except in the case of consensual relationships between minors
or when there is only a small age difference (up to two years),
in which case it should not be lower than 15;
6.1.4. abolish the statute of limitations for sexual violence
against children, or to at least ensure that the prescription periods
for sexual violence against children in civil and criminal law are proportionate
to the gravity of the alleged abuse and, in any case, no shorter
than thirty years after the victim has reached the age of 18;
6.1.5. consider all possible options to ensure adequate financial
compensation for individuals who are victims of sexual violence
as children, commensurate with the harm suffered, including by the
setting up of national funds for victims who are not compensated
by the perpetrator, or the liable institution or legal entity;
6.1.6. ensure that international and national frameworks and
legislation are effectively translated into action at local level
and that systematic monitoring of implementation takes place; make
full use of parliamentary oversight in relevant monitoring procedures;
6.1.7. support the creation of “ombudspersons for children” and
the strengthening of their role in protecting children from sexual
violence;
6.1.8. align policy and practice with the results of research
into sexual abuse against children;
6.1.9. develop policy guidelines on the protection of children
against sexual abuse and sexual exploitation during national emergency
situations;
6.2. with respect to protection and support, to:
6.2.1. ensure
that adequate and appropriate support to the victims of sexual violence
against children is available and accessible, free of charge, including
specialised support for both children and adults who were victimised
as children;
6.2.2. promote interdisciplinary co-operation and co-ordination,
including by means of setting up child-friendly structures and services
for abuse disclosure and child protection, based on the Icelandic
model of Barnahús, with a
view to reducing trauma and re-victimisation of child victims;
6.2.3. promote training for professionals and volunteers in contact
with children, including coaches, health or education professionals
and confidential counsellors; such training should include the skills
required to identify signs of abuse and to take appropriate action;
6.2.4. ensure that steps to deal with sexual violence against
children are included in the mandates of all establishments that
run organised activities with the participation of children; these
should include high-level organisations, such as National Olympic
Committees and international and national sports federations, and
also local organisations such as clubs, schools or associations;
such mandates should be translated into codes of conduct, rules
and regulations; such measures should be required at each level
as a condition for receiving public funding;
6.2.5. ensure that adequate financial and other resources are
available, in order to sustain such action, including in times of
pandemics or other emergency situations;
6.3. with respect to prosecution, to ensure that the requirements
of the Lanzarote Convention and of the Council of Europe Guidelines
on child-friendly justice are fully respected, and:
6.3.1. when
children are perpetrators of sexual violence, that alternative measures
and restorative justice procedures are applied; criminal prosecution
should be used as a last resort;
6.3.2. when children are victims or witnesses, that they are
properly supported throughout investigations and court proceedings;
6.3.3. that in all cases, the best interests of the child are
paramount, as recommended in the United Nations Convention on the
Rights of the Child;
6.4. with respect to prevention, to:
6.4.1. raise public
awareness of sexual violence against children by means of campaigns, materials
and programmes, including the use of media and social networks;
make full use of the European Day for the Protection of Children
against Sexual Exploitation and Sexual Abuse – 18 November – as
an opportunity for raising awareness of sexual violence against
children;
6.4.2. support comprehensive and appropriate sexuality and relationship
education in schools from an early age and as part of lifelong learning
programmes, including respectful relationship building and practical
guidance on how individuals may protect themselves against and report sexual
violence;
6.4.3. provide guidance for the general public on how to respond
to suspected child sexual abuse;
6.4.4. promote a culture of openness in all institutions, in
order to ensure that victims of violence receive the support that
they need;
6.4.5. develop and strengthen the social responsibility and accountability
of businesses and media, including social media, in preventing the
over-sexualisation of children and the “pornification” of youth
culture, and in addressing child sexual abuse;
6.4.6. build alliances with trade unions and civil society organisations
and seek their advice in developing strategies, legislation, guidelines
and good practice;
6.5. with respect to participation and co-operation, to:
6.5.1. involve survivors of child sexual abuse in the promotion
of children’s rights and in developing legislation, good practice
and monitoring systems, while paying due attention to safeguarding
their integrity and well-being;
6.5.2. support regional, national, European and international
co-operation in the area of protecting children from sexual violence.
7. The Assembly exhorts all States, parliaments, and local and
regional authorities, as well as the European Union and the United
Nations, to derive the maximum benefit from the Council of Europe’s
expertise and experience in addressing sexual violence against children,
with a view to working together to eliminate such violence by 2030,
in line with the UN Sustainable Development Goals Target 16.2: “End
abuse, exploitation, trafficking and all forms of violence against
and torture of children”.