1. Introduction
1. Millions of children in the world are forced into
commercial sexual practices every year, according to UNICEF estimates.
The phenomenon of “child sex tourism”, which refers to the exploitation
of children by individuals who travel from one place to another
and who have sexual relations with children under the age of 18,

constitutes a
grave violation of children’s fundamental rights and dignity. Child
sex tourism fosters other forms of commercial sexual exploitation
such as trafficking of children for sexual purposes, child prostitution and
child pornography (better termed “child abuse images”).
2. Despite a growing awareness of the problem, child sex tourism
has dramatically increased in recent years because of a booming
travel and tourism industry, facilitated by cheaper and visa-free
travel as well as new technologies used to promote it. Today, as
a global and fast-moving phenomenon, child sex tourism spares no
one; no country or tourism destination is immune to this “epidemic”
which, “once law-enforcement capacity and legislation is strengthened
in one part of the world, or in one particular country, shifts towards other
areas where protection is weaker”.

Europe is concerned both as a sending
and receiving region of “travelling sex offenders”; this term is
generally preferred by child protection agencies as it better reflects
the criminal character of the phenomenon.
3. With this report, I intend to draw the Parliamentary Assembly’s
attention to the measures that can and should be taken by Council
of Europe member States to stop crimes committed by travelling sex
offenders. Governments should not look the other way when their
nationals commit crimes and violate the fundamental rights of children,
who are amongst the most vulnerable in our societies, but should
hold them responsible even for crimes committed abroad.
2. Child
sex tourism: an increasing phenomenon in a globalised world 
4. Child sex tourism is the sexual exploitation of children
by people who travel from one location to another and engage there
in sexual acts with children under the age of 18. This includes
exploitation of children by both international and domestic travellers,
as well as by people who go abroad to work with children, such as volunteers,
teachers and social workers. The former group often use tourism-related
services that facilitate contact with children and which enable
them to be anonymous to the surrounding population and environment, whereas
the latter would use their position in a local community to get
access to children.
5. Child sex tourism is a global phenomenon which occurs worldwide.
As a regional bloc, eastern Europe has seen a high increase in commercial
sexual exploitation of minors since the dissolution of the Soviet
Union, particularly in the form of trafficking of children for sexual
purposes. However, with the rapid increase in tourism, countries
of the region have also been exposed to child sex tourism. According
to the Child Exploitation and Online Protection Centre, the United
Kingdom Home Office agency with responsibility for investigating
offences against children overseas, 20% of activity by travelling
British sex offenders took place in European countries in 2008-2009.

Other regions where child sex tourism currently
occurs are South-East Asia, Latin America and Africa. Travelling
sex offenders originate mostly from western Europe, Russia, North
America, Australia, New Zealand, Japan and Taiwan.
6. Child sex tourism involves the exchange of cash, clothes,
food or some other form of consideration to a child or to a third
party (pimp, brothel owner, family member, landlord) for sexual
contact. It occurs in multiple venues, from brothels in red-light
districts to beaches or five-star hotels and in urban, rural or
coastal settings. It can occur over a long period of time, for example
where there is a long “grooming” process, during which a sex offender
befriends a vulnerable child and obtains his or her trust before
exploiting the child sexually.
7. There is no single profile of travelling sex offenders: they
may be married or single, male or female (though the majority are
male), wealthy or budget tourists and from a high socio-economic
or a disadvantaged background. Very often, they try to rationalise
their actions by claiming sex with a child is culturally acceptable in
the place they are visiting or that money or goods exchanged benefit
the child and its community or they are simply tempted to commit
abusive behaviour due to anonymity, the easy availability of children
or the absence of social constraints that would normally deter them.
8. The majority of travelling sex offenders are “circumstantial”
offenders, who normally prefer adult sexual relations but abuse
children by opportunity whilst being in a foreign country. “Preferential”
child sex tourists, on the other hand, display an active sexual
preference for children and will generally search for pubescent
or adolescent children. As for paedophiles, they manifest an exclusive
sexual inclination for pre-pubescent children. These classifications
are important in so far as they can help identify appropriate prevention
strategies to combat the phenomenon.
9. Children concerned are both boys and girls aged up to 18 years.
Though girls seem to be the majority, the number of boys who are
victims of child sex tourism is probably largely underestimated
due to the fact that homosexuality is still a taboo (and prohibited)
in a number of countries. A recent UNICEF study found evidence of
a lucrative and growing market for child sex tourism in the Caribbean
region, based on several specific examples, such as the existence
of an organised paedophile network in which specifically boys were
targeted.

10. The victims are often from socio-economically disadvantaged
backgrounds: children with low or no education, children who are
homeless, orphaned, working in the streets or trafficked, children
from ethnic minorities, children affected by drug or alcohol abuse,
etc. Some turn to prostitution due to a strong influence of materialism
and consumerism, sometimes linked to peer pressure.

11. Regardless of their background, all child victims of sex tourism
suffer severe emotional, psychological and physical trauma as a
result of their exploitation.

The physical violence
involved in the sexual exploitation of a child results in injury,
pain and fear, while the psychological distress of sexual exploitation
results in feelings of guilt, low self-esteem, depression, and can,
in some instances, lead to suicide. Children are also more vulnerable
to sexually transmitted infections, including HIV/AIDS.
12. Victims are often stigmatised by their community and have
difficulty obtaining education. As a result, they don’t develop
as members of the community in the same way as other children do
and it is more difficult for them to support themselves financially
or to live independently as adults later in life. They are often
trapped in a vicious circle where economic difficulties resulting
from marginalisation leave them with no choice but to continue prostituting
themselves.
3. European and international
legal framework relating to child sex tourism
13. At international level, there is a large framework
of standards for the protection of children against sexual exploitation.
As a specific form of commercial sexual exploitation of children,
child sex tourism is also indirectly addressed in this context.
14. The United Nations Convention on the Rights of the Child of
1989 (hereafter “the CRC”), which is the main international instrument
in the field of protection of children’s rights, promotes a comprehensive
system of child protection from violence and sexual and other exploitation
in its many forms. In particular, its Article 34 requires States
Parties to protect children against “all forms of sexual exploitation
and sexual abuse”, including prostitution and pornography. Moreover,
recognising that sexual exploitation of children can involve cross-border
aspects, the CRC requires States to not only take national but also
bilateral and multilateral measures to combat the phenomenon.
15. The optional Protocol to the CRC, on the Sale of Children,
Child Prostitution and Child Pornography, which entered into force
on 18 January 2002, is the only universal treaty specifically addressing
the issue of sexual exploitation of children. The protocol, in its
preamble, refers to the widespread and continuing practice of sex
tourism to which children are especially vulnerable, criminalises
certain acts in relation to the sale of children, child prostitution
and child pornography and encourages the strengthening of international
co-operation and assistance and the adoption of extraterritorial
legislation to combat these crimes.
16. Convention No. 182 concerning the Prohibition and Immediate
Action for the Elimination of the Worst Forms of Child Labour, adopted
by the International Labour Organization (ILO), in its Article 3.b, especially prohibits “the use,
procuring or offering of a child for prostitution, for the production
of pornography or for pornographic performances”.
17. At European level, Article 17 of the revised European Social
Charter (ETS No. 163) contains the right of children and young persons
to appropriate social, legal and economic protection. Sub-paragraph
1.b of Article 17 states that
governments shall take all appropriate and necessary measures designed
to protect children and young persons against negligence, violence
or exploitation. The European Committee of Social Rights has interpreted
the provisions of the Charter as the right of children to protection
against all forms of sexual exploitation, in particular from involvement
in the “sex industry”.
18. The Council of Europe Convention on the Protection of Children
against Sexual Exploitation and Sexual Abuse (Lanzarote Convention,
CETS No. 201) provides the most complete and advanced instrument
aimed at protecting children against sexual abuse and exploitation
of any form. In addition to addressing sexual abuse, child prostitution
and pornography and coercing children into participating in pornographic
performances, the convention deals with grooming and sex tourism.
With the aim of combating child sex tourism, the convention establishes
that individuals can be prosecuted even when acts are committed
abroad and eliminates also the usual dual criminality rule, which
requires that acts must be criminal offences in the place where
they are performed. The Lanzarote Convention also requires States
Parties to “encourage the private sector, in particular the information
and communication technology sector, the tourism and travel industry
and the banking and finance sectors, as well as civil society, to
participate in the elaboration and implementation of policies to
prevent sexual exploitation and sexual abuse of children and to
implement internal norms through self-regulation or co-regulation”.
19. Since 2011, the Assembly has actively participated in the
fight against sexual abuse and exploitation of children by developing
the parliamentary dimension of the Council of Europe ONE in FIVE
Campaign to stop sexual violence against children, aimed at promoting
the Lanzarote Convention. Governmental and parliamentary action
in the framework of this campaign has already led to a number of
new ratifications of this text, which has now been ratified by 24
of the 47 member States.

20. In addition, the Council of Europe Convention on Mutual Assistance
in Criminal Matters (ETS No. 30) provides for mutual assistance
between signatory countries in the prosecution of sex tourists.
This is particularly useful for collecting evidence or hearing witnesses
abroad.
21. Finally, a directive of the European Parliament and European
Council of 13 December 2011 on combating the sexual abuse and sexual
exploitation of children and child pornography aims to reduce disparities
in legislation between member States. It also encourages member
States to increase judicial and police co-operation with third countries
and international organisations with a view to combating sex tourism.

4. Effective policies
to combat child sex tourism
22. Since the early 90s, an important number of initiatives
have been put in place to combat child sex tourism, including by
governments in association with the private sector, international
organisations and numerous non-governmental organisations (NGOs)
working in the field of child protection. Although these efforts
have without doubt raised awareness of the problem, child sex tourism
has not been eradicated and new destinations continue to appear.
Child sex tourism is a phenomenon which involves a series of offences and
many different players and facilitators. In a global approach to
the problem, it is therefore important to get as many of these players
and facilitators involved as possible in order to prevent crimes
being committed by travelling sex offenders. Co-ordinated action
involving public, private and associative partners is needed to effectively
protect children against such crimes from the very start or from
repeated offences, to effectively prosecute offenders across national
borders and to promote positive policies offering alternative living conditions
to children concerned or threatened by such crimes. Globally, it
is essential to continue increasing the awareness of children, parents,
educators, tourism professionals and potential offenders of the
seriousness of the crimes involved.
4.1. The role of the
private sector
23. The private sector is an important partner for public
authorities when it comes to fighting against child sex tourism.
Since they are in direct contact with tourists, professionals working
within the tourism industry have a key role to play in the protection
of children from sexual exploitation by taking the message to tourists that
sexual abuse of children is unacceptable and illegal, receiving
reports from other tourists, distributing information materials
to customers and reporting incidents to local police and NGOs. The
tourism industry can also create education and employment opportunities
for young people and co-operate with social welfare, police and
other agencies in the development of national action plans.
24. A good example of engagement by the tourism industry is the
Code of Conduct for the Protection of Children from Sexual Exploitation
in Travel and Tourism. Initiated in 1998 by ECPAT Sweden in co-operation with
Scandinavian tour operators and the World Tourism Organization (WTO)
and elaborated by UNICEF, the WTO and ECPAT International, the code
of conduct is an instrument of self-regulation, providing increased protection
to children from sexual exploitation in travel and tourism. Today,
over 240 tour operators, hotels, travel agents and their associations,
as well as tourism workers’ unions from numerous countries in Europe, Asia,
North America and Central and Latin America implement the code globally.

Signed by many tourism companies,
like Thomas Cook Northern Europe, Accord Hotels or Kuoni, it is
already possible to see some of the positive effects of this joint
approach.
25. The tour operators and their umbrella organisations, travel
agencies, hotels, airlines, etc. who endorse the Code of Conduct
commit themselves to preventing sexual exploitation of children
by establishing a corporate ethical policy against such exploitation,
training their personnel in both the country of origin and travel destinations,
providing information to travellers and to local key persons at
the destinations, that child sex tourism is illegal and has dire
consequences for children (by means of catalogues, brochures, posters,
in-flight films, ticket slips, luggage tags, home pages, etc.),
introducing a clause in contracts with suppliers, stating a common
repudiation of commercial sexual exploitation of children, and reporting
annually on the implementation of these criteria.
26. States should not only encourage and reinforce such self-regulatory
measures whereby the tourism industry follows responsible and ethical
tourism practices, but should also raise awareness amongst the public to
incite them to choose tourism professionals who are committed to
combating child sex tourism.
4.2. Prevention
27. With a view to prevention, specific action first
needs to be taken in the countries of origin of travelling sex offenders.
Travellers should be widely informed about legal and social consequences
linked to any form of sexual exploitation of children in order to
prevent them from becoming “circumstantial offenders”. They should be
encouraged to remain vigilant and report any activity related to
sexual abuse of children that they may witness.

In this connection, it is also important
that travellers are made aware of the channels that exist for reporting
offences. Fighting against prejudice will also be important, for
example when it comes to the conviction that people are more tolerant
with regard to sexual relations with children in certain foreign
countries, or that HIV is less transmissible to/from very young
children.
28. Mechanisms to prevent potential “preferential offenders” and
paedophiles from travelling abroad should be put in place. Such
mechanisms already exist in the United Kingdom where all sex offenders
who are on the Sex Offenders Register are required to notify the
police of their intention to travel outside the United Kingdom for
over three days (Notification order). Furthermore, Section 114 of
the Sexual Offences Act (2003) provides for a civil, preventative
order called a Foreign Travel Order (FTO). An FTO enables the courts
to prohibit persons who are “qualifying offenders” (those guilty
of sexual offences against a child under 16, either in the United
Kingdom or abroad) from travelling abroad. If issued, an FTO will
place a prohibition on a sex offender from travelling abroad either
to a named country or countries, or to anywhere in the world other
than a named country.

29. Pre-employment checks through national criminal records or
international sources with a view to evaluating suitability to work
with children should be encouraged and facilitated, especially for
locally run charity organisations, schools and orphanages in the
countries of destination of travelling sex offenders. In this context,
ECPAT UK notes that many child sex tourism cases coming to its attention
now involve orphanages, children’s homes and schools. In 2006, two
British nationals were prosecuted for sexually abusing children
at an orphanage founded by one of them in India, and more recently
another two British men were jailed for abusing children while working
as caretakers at an orphanage in Albania.

In
a comprehensive approach to the problem, treatment of sexual offenders
needs to be tackled as well.
30. Very often, new technologies are used to promote and facilitate
child sex tourism. Planning to travel for sexual purposes and locating
children or accessing child pornography are very easy via the Internet
and mobile phones. Measures should be taken to prevent this kind
of abuse on the Internet, such as setting up a list of suspicious
websites, or creating “cyber patrols”. By means of its
Resolution 1834 (2011) on combating “child abuse images” through committed,
transversal and internationally co-ordinated action, the Assembly
has shown its strong concern about this issue.

31. Just as action taken in the countries of origin of sexual
offenders is necessary, specific action also needs to be taken in
the countries where children may be at risk of becoming victims
of child sex tourism, including measures aimed at child sex tourists
directly and those who bring children into contact with them (taxi
drivers, waiters, landlords, etc.). In this connection, awareness-raising
campaigns targeting host communities are very important,

but risk
factors increasing children’s vulnerability should also be tackled,
including poverty, exclusion, abuse, dysfunctional families, the
fact of belonging to ethnic minorities, lack of schooling or the insufficiency
of national legal and law-enforcement systems, for example due to
a high level of corruption (which is one of the main reasons why
tourism professionals and victims are reluctant to report sexual
abuse cases) – to name just a few. Access to education and alternative
employment opportunities should be developed for at-risk young people.
32. The establishment of a centralised and reliable database system
is also very important in order to understand the scope of the problem
and establish appropriate prevention strategies.
4.3. Prosecution and
international co-operation
33. It is essential to strengthen national legislation
regarding the sexual exploitation and abuse of children by ensuring
compliance with international standards, and in particular the Lanzarote
Convention. National laws should be harmonised, based on common
definitions (age of children, offences, etc.).

Often,
national laws protect human dignity or ban different forms of crimes
related to sexual abuse in general, but they do not explicitly repress
sexual tourism involving children.
34. The age of consent, which refers to the age at which a person
is considered legally able to engage in sexual activity, varies
from country to country. It may also differ between genders (typically
higher for males than for females) and may even depend on sexual
orientation. Low ages of sexual consent increase children’s vulnerability
to sexual exploitation, especially when there are no legal provisions
that define and prohibit child sexual exploitation in prostitution
or pornography. It is therefore important that laws on sexual exploitation
of children protect all children up to the age of 18, irrespective
of the age of sexual consent.

35. A legislative framework that criminalises child sex tourism
as an extraterritorial offence must be created and implemented in
all member States. Extraterritorial laws allow people to be prosecuted
in their home country for acts committed abroad. Germany was the
first in Europe to adopt such a mechanism in 1993.

By a 1994 law,
revised in 1998, France has inserted this possibility into its Penal
Code.

Data
from 2008 indicates that there are 44 countries that have extraterritorial
legislation to prosecute their nationals for sexual exploitation
of a child in a foreign country. Among these 44 countries, 22 are
Council of Europe member States.

The development
of this kind of legislation should be encouraged across Europe,
and its effective application monitored. Indeed, most of the time,
child sex tourists are found to expect impunity, given that prosecution
can prove extremely complex in the case of transborder offences.
In this connection, ECPAT UK notes that only five British offenders
have been prosecuted under the extraterritorial laws in the United
Kingdom since 1997 (date that the extraterritorial law was introduced),
and none since 2005, for sexually abusing children abroad, compared
with over 65 cases in the United States and 28 in Australia.

States must show their willingness
to expand and use extraterritorial jurisdiction. To that end, international
co-operation and joint investigations for the prosecution of child
sex tourism and related crimes should be strengthened.

Co-operation
from the embassy of the suspected national is also important.

36. The double criminality rule, which requires that for extraterritorial
legislation to be implemented, the act involved must be illegal
according to both the laws of the offender’s country and the country
where the offence takes place, should be abolished regarding sexual
exploitation of children.
4.4. Protection
37. In order to provide better protection, child victims
of various offences, such as child pornography, should be identified
as rapidly as possible. In order to facilitate the identification
of sexual offenders, it is important to improve the international
exchange of records of convicted sex offenders. Regular contributions
to databases or other forms of co-operation between law-enforcement
and border control agencies are welcome too. The Interpol database
in the field of child pornography may serve as an example: the so-called
“International Child Sexual Exploitation image database” was established
in 2009, following a former database version that had existed since
2001. An international network of specialised police officers track
down such images on the Internet and try to identify child victims
depicted in photographs and films by sharing data with colleagues across
the world.

38. Accessible means of communication have to be made available
to children, with a view to making it easier for them to report
abuse. In many countries, NGOs and governments are setting up free
and anonymous hotlines and websites (for example, hotlines and websites
have been set up to report child sex tourism in Brazil, Cambodia,
the Dominican Republic, Malaysia and many other countries) where
children (but also the public) can report cases of sexual exploitation.
These tools are very helpful.
39. In view of the severe psychological and physical consequences
and the stigmatisation as a result of exploitation, full support
to child victims of sexual exploitation is of utmost importance
in order to avoid new trauma and assist them with a view to their
full rehabilitation. Irrespective of the age of consent for sexual relations
and the legal or illegal character of prostitution, sexually exploited
children must be considered as victims and not as criminals having
engaged in activities that may be considered illegal.

Victims, but also witnesses, must
be protected against any form of retaliation. They must be guaranteed
confidentiality and safety as well as access to health care.
40. Professional training of teachers, educators, social workers,
police officers, members of the judiciary and other professionals
likely to come into contact with or care for child victims of sexual
exploitation is essential because of the key role they may play
in identifying and dealing with such victims. They must be encouraged to
report any case of suspected sexual exploitation.
41. Rehabilitation and reintegration of victims through education
is of the utmost importance with a view to fighting against stigmatisation
and providing child victims of sexual exploitation with positive
alternatives for generating an income for themselves and their families.
5. Conclusion
42. It is obvious that we cannot fight against travelling
sex offenders without following a global approach. Indeed, one country
alone cannot take effective action against sex tourism involving
children, as measures concerning only its own territory would not
have a sustainable impact. Isolated national action, for example
by reinforcing legislation, would simply move the problem to neighbouring
States, because “sex tourists” would turn to destinations where
laws in this area are more flexible. Thus, the number of sex tourists
(or child victims thereof) worldwide would not be reduced.
43. Amongst the legal action to be taken, further signatures and
ratification of international standards are needed, followed by
rigorous implementation of these standards. It is furthermore essential
to strengthen national legislation regarding the sexual exploitation
and abuse of children by ensuring compliance with these standards
and their effective implementation. Finally, national legislation
must provide for the prosecution of extraterritorial crimes.
44. In addition to legal action, committed policies are required
with a view to acting against travelling sex offenders in their
country of origin, mainly by awareness raising and international
co-operation. More ethical tourism concepts should be developed
and promoted amongst new partners. Good practice should be exchanged
internationally in order to build sound child protection systems
in as many countries as possible and protect victims of child sex
tourism in a comprehensive manner, both in their own countries if
they are locations of offences and in countries where their nationals
go as travelling sex offenders. Child victims should first be provided
with psychological support to help them recover. Efficient policies
against child sex tourism and all related crimes should be aimed
at supporting and promoting alternative living conditions for children,
families and their communities where child prostitution is sometimes
undertaken out of perceived economic necessity and a lack of alternative
perspectives.
45. Stakeholders from the private and public sphere as well as
civil society should be involved in the broadest manner possible.
In this respect, new technologies such as the Internet and mobile
phones, today used abusively to organise crimes against children
in the most anonymous and discreet manner possible, should be employed
more efficiently to identify both victims and offenders.