Resolução da Assembleia da República n.º 75/2012, de 28 de Maio de 2012
ASSEMBLEIA DA REPÚBLICA Resolução da Assembleia da República n.º 75/2012 Aprova a Convenção do Conselho da Europa para a Proteção das Crianças contra a Exploração Sexual e os Abusos Sexuais, assinada em Lanzarote em 25 de outubro de 2007 A Assembleia da República resolve, nos termos da alí- nea
-
do artigo 161.º e do n.º 5 do artigo 166.º da Consti- tuição, aprovar a Convenção do Conselho da Europa para a Proteção das Crianças contra a Exploração Sexual e os Abusos Sexuais, assinada em Lanzarote em 25 de outu- bro de 2007, cujo texto, na versão autenticada em língua inglesa e respetiva tradução para língua portuguesa, se publica em anexo.
Aprovada em 9 de março de 2012. A Presidente da Assembleia da República, Maria da Assunção A. Esteves.
COUNCIL OF EUROPE CONVENTION ON THE PROTECTION OF CHILDREN AGAINST SEXUAL EXPLOITATION AND SEXUAL ABUSE (LANZAROTE, 25.X.2007) Preamble The member States of the Council of Europe and the other signatories hereto: Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Considering that every child has the right to such mea- sures of protection as are required by his or her status as a minor, on the part of his or her family, society and the State; Observing that the sexual exploitation of children, in particular child pornography and prostitution, and all forms of sexual abuse of children, including acts which are com- mitted abroad, are destructive to children’s health and psycho -social development; Observing that the sexual exploitation and sexual abuse of children have grown to worrying proportions at both national and international level, in particular as regards the increased use by both children and perpetrators of informa- tion and communication technologies (ICTs), and that pre- venting and combating such sexual exploitation and sexual abuse of children require international co -operation; Considering that the well -being and best interests of chil- dren are fundamental values shared by all member States and must be promoted without any discrimination; Recalling the Action Plan adopted at the 3rd Summit of Heads of State and Governments of the Council of Europe (Warsaw, 16 -17 May 2005), calling for the elaboration of measures to stop sexual exploitation of children; Recalling in particular the Committee of Ministers Rec- ommendation no.
R (91) 11 concerning sexual exploita- tion, pornography and prostitution of, and trafficking in, children and young adults, Recommendation Rec(2001)16 on the protection of children against sexual exploitation, and the Convention on Cybercrime (ETS no. 185), espe- cially article 9 thereof, as well as the Council of Europe Convention on Action against Trafficking in Human Beings (CETS no. 197); Bearing in mind the Convention for the Protection of Hu- man Rights and Fundamental Freedoms (1950, ETS no. 5), the revised European Social Charter (1996, ETS no. 163) and the European Convention on the Exercise of Children’s Rights (1996, ETS no. 160); Also bearing in mind the United Nations Conven- tion on the Rights of the Child, especially article 34 thereof, the Optional Protocol on the sale of children, child prostitution and child pornography, the Protocol to Prevent, Suppress and Punish Trafficking in Per- sons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, as well as the International Labour Organization Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour; Bearing in mind the Council of the European Union Framework Decision on combating the sexual exploita- tion of children and child pornography (2004/68/JHA), the Council of the European Union Framework Deci- sion on the standing of victims in criminal proceedings (2001/220/JHA), and the Council of the European Union Framework Decision on combating trafficking in human beings (2002/629/JHA); Taking due account of other relevant international in- struments and programmes in this field, in particular the Stockholm Declaration and Agenda for Action, adopted at the 1st World Congress against Commercial Sexual Exploitation of Children (27 -31 August 1996), the Yoko- hama Global Commitment adopted at the 2nd World Con- gress against Commercial Sexual Exploitation of Children (17 -20 December 2001), the Budapest Commitment and Plan of Action, adopted at the preparatory Conference for the 2nd World Congress against Commercial Sexual Ex- ploitation of Children (20 -21 November 2001), the United Nations General Assembly Resolution S -27/2 «A world fit for children» and the three -year programme «Build- ing a Europe for and with children», adopted following the 3rd Summit and launched by the Monaco Conference (4 -5 April 2006); Determined to contribute effectively to the common goal of protecting children against sexual exploitation and sexual abuse, whoever the perpetrator may be, and of providing assistance to victims; Taking into account the need to prepare a compre- hensive international instrument focusing on the pre- ventive, protective and criminal law aspects of the fight against all forms of sexual exploitation and sexual abuse of children and setting up a specific monitoring mechanism; have agreed as follows: CHAPTER I Purposes, non -discrimination principle and definitions Article 1 Purposes 1 — The purposes of this Convention are to:
-
prevent and combat sexual exploitation and sexual abuse of children;
-
protect the rights of child victims of sexual exploita- tion and sexual abuse;
-
promote national and international co -operation against sexual exploitation and sexual abuse of chil- dren. 2 — In order to ensure effective implementation of its provisions by the Parties, this Convention sets up a specific monitoring mechanism.
Article 2 Non -discrimination principle The implementation of the provisions of this Conven- tion by the Parties, in particular the enjoyment of measures to protect the rights of victims, shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, prop- erty, birth, sexual orientation, state of health, disability or other status.
Article 3 Definitions For the purposes of this Convention:
-
«child» shall mean any person under the age of 18 years;
-
«sexual exploitation and sexual abuse of children» shall include the behaviour as referred to in articles 18 to 23 of this Convention;
-
«victim» shall mean any child subject to sexual ex- ploitation or sexual abuse.
CHAPTER II Preventive measures Article 4 Principles Each Party shall take the necessary legislative or other measures to prevent all forms of sexual exploitation and sexual abuse of children and to protect children.
Article 5 Recruitment, training and awareness raising of persons working in contact with children 1 — Each Party shall take the necessary legislative or other measures to encourage awareness of the protection and rights of children among persons who have regular contacts with children in the education, health, social pro- tection, judicial and law -enforcement sectors and in areas relating to sport, culture and leisure activities. 2 — Each Party shall take the necessary legislative or other measures to ensure that the persons referred to in paragraph 1 have an adequate knowledge of sexual ex- ploitation and sexual abuse of children, of the means to identify them and of the possibility mentioned in article 12, paragraph 1. 3 — Each Party shall take the necessary legislative or other measures, in conformity with its internal law, to ensure that the conditions to accede to those professions whose exercise implies regular contacts with children en- sure that the candidates to these professions have not been convicted of acts of sexual exploitation or sexual abuse of children.
Article 6 Education for children Each Party shall take the necessary legislative or other measures to ensure that children, during primary and sec- ondary education, receive information on the risks of sexual exploitation and sexual abuse, as well as on the means to protect themselves, adapted to their evolving capacity.
This information, provided in collaboration with parents, where appropriate, shall be given within a more general context of information on sexuality and shall pay special attention to situations of risk, especially those involving the use of new information and communication technologies.
Article 7 Preventive intervention programmes or measures Each Party shall ensure that persons who fear that they might commit any of the offences established in accordance with this Convention may have access, where appropri- ate, to effective intervention programmes or measures designed to evaluate and prevent the risk of offences being committed.
Article 8 Measures for the general public 1 — Each Party shall promote or conduct awareness raising campaigns addressed to the general public provid- ing information on the phenomenon of sexual exploitation and sexual abuse of children and on the preventive mea- sures which can be taken. 2 — Each Party shall take the necessary legislative or other measures to prevent or prohibit the dissemination of materials advertising the offences established in ac- cordance with this Convention.
Article 9 Participation of children, the private sector, the media and civil society 1 — Each Party shall encourage the participation of children, according to their evolving capacity, in the de- velopment and the implementation of state policies, pro- grammes or others initiatives concerning the fight against sexual exploitation and sexual abuse of children. 2 — Each Party shall 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...
Para continuar a ler
PEÇA SUA AVALIAÇÃO