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Resolution 1834 (2011) Final version
Combating “child abuse images” through committed, transversal and internationally co-ordinated action
1. “Child abuse images” or “child
pornography” are not just images. Both expressions refer to a series
of crimes, from the solicitation, corruption or trafficking of children
(under 18 years) for sexual purposes to the distribution, collection
and consultation of images of the abuse committed, over various
forms of sexual abuse perpetrated on children – sometimes even causing
their death.
2. The Parliamentary Assembly is very concerned about the high
prevalence of such crimes in our societies and the way in which
they are facilitated by the Internet and other information and communication
technologies, which reveal their “dark side” when it comes to child
abuse images. It recalls that, due to the anonymity of the Internet,
it is extremely difficult to uncover and to effectively prosecute
offenders, and to identify and help victims. The Assembly therefore
calls for committed, transversal and internationally co-ordinated
action to fight all types of offences related to child abuse images.
3. Despite the fact that most images can be found in a “virtual
world”, one must never forget that behind every child abuse image,
there is at least one child who has been sexually abused in real
life.
4. Child abuse images are not only the result and visual depiction
of abuse, but may also incite new crimes and thus become a “multiplier”
of the sexual abuse and exploitation of children. For this reason,
already the “mere” viewing of child abuse images should be criminalised
in all member states of the Council of Europe.
5. The Council of Europe Convention on the Protection of Children
against Sexual Exploitation and Sexual Abuse (Lanzarote Convention,
CETS No. 201) currently represents the most complete and advanced
standard in this field, alongside with the Convention on Cybercrime
(Budapest Convention, ETS No. 185). They shall soon be completed
by the upcoming European Union directive on combating the sexual
abuse, sexual exploitation of children and child pornography, expected
to be adopted by the European Parliament and Council before the
end of 2011. These texts constitute a strong legal basis, but need
to be strengthened concerning certain aspects, such as the criminalisation
of the intentional consultation of child abuse images (as far as
the Lanzarote Convention is concerned) and the mandatory character
of website blocking when deleting is not possible, which has, to
the regret of the Parliamentary Assembly, not found its way into
the final European Union draft directive.
6. Many member states have started to address the issue by developing
strong legislation and policies. A reinforced European-wide exchange
of information and best practice should thus make a more efficient
fight against child abuse images possible. To appropriately reflect
the complexity of this subject, the notions of “child abuse images”
or “child abuse material” should, in the long term, replace the
expression of “child pornography” in all legal texts and political
debates.
7. In the light of the successful co-operation with the private
sector, the commitment of the Internet service providers (ISP) and
the financial sector should be further encouraged in the future,
inciting all companies to adhere to approaches of self-regulation
and systematic reporting of illegal Internet contents to the authorities.
8. The Assembly therefore calls on the Council of Europe member
states:
8.1. as concerns the Lanzarote
Convention and the Budapest Convention to:
8.1.1. sign and
ratify these conventions as soon as possible, if this has not yet
been done, and, as concerns member states of the European Union,
to implement them in a co-ordinated manner with regard to the upcoming
European Union directive;
8.1.2. strengthen their relevant national legislation, in particular
by creating a strong legal basis for the intervention of law enforcement
agencies according to procedures which are transparent and fully
respectful of democratic principles and human rights;
8.1.3. support the strengthening of the Lanzarote Convention
through an additional protocol aimed at covering in more detail
offences related to child abuse images;
8.2. as concerns political measures to be taken, to:
8.2.1. develop comprehensive national policies tackling the issue
from all possible angles, while following a clear “victim-centred
approach” aimed at identifying victims and offenders as swiftly
as possible, at halting abuse and at assisting victims, including
in the context of child- friendly justice systems to be developed
according to the Council of Europe Guidelines on child-friendly
justice adopted in November 2010;
8.2.2. set up efficient mechanisms to interrupt the commercial
and non-commercial online distribution of child abuse images, giving
priority to the rapid removal of illegal content wherever possible,
and including the blocking of websites as a complementary measure
when appropriate;
8.2.3. develop dialogue with the private sector in order that
it takes responsibility for immediately reporting any child abuse
images identified and co-operating with law enforcement agencies;
8.2.4. support more systematic exchanges of information at European
and international level on the one hand and further research on
child abuse images and related offences on the other;
8.3. as concerns general awareness of the issue of child abuse
images and related crimes, to:
8.3.1. strengthen the general
dialogue by following a “multi-stakeholder approach”: public authorities,
law enforcement agencies, civil society organisations, educational
institutions and, at individual level, the family and the child,
including victims of past offences;
8.3.2. empower children and adolescents to protect themselves
whenever possible, and to strengthen their media awareness, and
to make society as a whole aware of the impact and dangers of an
increasing “sexualisation” of children in the media;
8.3.3. support the Council of Europe ONE in FIVE Campaign to
stop sexual violence against children (2010-2014) by actively contributing
to its European activities (including financial support to its parliamentary
dimension) and by developing national campaign activities or direct
links with existing national policies, including at parliamentary,
local and regional level.