Doc. 8154 2^nd edition

10 July 1998

Crimes committed against minors

Written declaration no. 278

2^nd edition, originally tabled on 24 June 1998

This written declaration reflects only the views of the signatories

      The undersigned, members of the Parliamentary Assembly of the Council of Europe,

      Considering that 1998 marks the 50^th anniversary of the Universal Declaration of Human Rights,

      In view of the recent holding of the Rome International Conference, convened by the United Nations General Assembly with a view to finalising a Convention setting up a Permanent International Criminal Court,

      Believing that, in addition to the UN Convention on the Rights of the Child which places an obligation on signatory states to take appropriate legislative measures to protect minors, there is a need for rules of international criminal law having a universal value, providing for serious penalties for crimes against minors,

      Recalling that the Terre des Hommes Foundation through the Lausanne Appeal called for crimes against childhood to be regarded as a “crime against humanity”,

      Considering that crimes against minors such as trafficking, incitement to prostitution, sexual exploitation and unlawful work are increasing in number and that they are committed, at international level, by criminal organisations which also use the tools made available by new technologies,

      Call for the statute of the Permanent International Criminal Court which is to be set up to stipulate that :

i.       crimes against minors be prosecuted and tried as crimes against humanity, irrespective of whether or not countries have yet enacted appropriate legislation,

ii.       the notion of crime under international law be extended to crimes against minors so that such crimes may be prosecuted wherever they have been committed,

iii.       the systematic and massive rape of minors be treated in all respects as systematic and massive rape in times of war as called for by the 26^th International Conference of the Red Cross in December 1995 with the approval of the 135 countries represented,

iv.       in the definition of “crime against humanity” in addition to political, philosophical, racial and religious grounds, reference also be made to economic and commercial reasons which are very often the underlying causes of crimes against minors.

Signed¹:

Pozza Tasca, Italy, LDR

Diana, Italy, EPP/CD

Martelli, Italy, EDG

Rodeghiero, Italy, NR

Hegyi, Hungary, SOC

Ragnarsdóttir, Iceland, EDG

Pulgar, Spain, EPP/CD

Maximus, Belgium, SOC

Total :       8

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic and Reformers Group

LDR: Liberal, Democratic and Reformers Group

      UEL: Group of the Unified European Left

      NR: not registered in a group