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Laws Concerning Sex Tourism of Children
United States Policy
The United States has established laws that make it illegal to travel
to another country with the intent to engage in sex with minors.
18 U.S.C. 2423B - TRAVEL WITH
INTENT TO ENGAGE IN SEXUAL ACTS WITH A JUVENILE
A person who travels in interstate commerce, or conspires to do so,
or a citizen of the United States or an alien admitted for permanent
residence in the United States who travels in foreign commerce, or conspires
to do so, for the purpose of engaging in a sexual act with a person
[younger than] 18 years of age that would be in violation of chapter
109A if the sexual act occurred in the special maritime and territorial
jurisdiction of the United States shall be fined under this title, imprisoned
not more than 10 years, or both.
International Cooperation
The sex tourism industry has no territorial boundaries;
therefore, in order to successfully combat this problem when children
are victimized, it must be viewed from an international perspective.
To stop sex tourism of children, effective laws and their enforcement
is vital. Many countries have passed new statutes or are considering
amendments to their national laws to address the commercial-sexual exploitation
of children and hold offenders accountable.1
Several destination countries have recently strengthened their laws
addressing the prostitution of children in an effort to stem the influx
of sex tourists and protect their children from exploitation. The Philippine
government has increased the attention on foreign "child-sex tourists"
and promoted the Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act.2
The Act creates criminal offenses aimed at patrons, procurers, advertisers,
pimps, and brothel owners.3 Another
section of this Act provides that convicted foreigners will be deported
and banned from returning, but only after serving their sentences.4
Further, the Czech Republic now provides for prosecution of those who
traffic in children.5
The responsibility for curbing sex tourism of
children cannot rest solely with the destination countries. Sending
countries must also act to punish those who travel to sexually exploit
children. More recent efforts, turned to holding these sex tourists
accountable in their home countries. The Criminal Code of Germany was
amended in 1993 to allow prosecution of Germans who travel for this
purpose, regardless of where the act occurs.6
Australia's Crimes (Child-Sex Tourism) Amendment Act 1994 criminalizes
sexual intercourse with someone who is younger than 16 years of age
while outside of Australia and applies to Australian citizens or residents
of Australia.7 Countries that have
tightened their national laws against sex tourism of children have taken
different approaches some of which could be used as examples. Combining
these approaches could also result in a comprehensive statute encompassing
all potential activities supporting the sexual exploitation of children
through prostitution.
There are also transitional and international
governing bodies that help combat the commercial sexual exploitation
of children. In recent years several international conferences have
been held involving governments as well as nongovernmental organizations
to handle sex tourism of children as an international community. One
of which is the World Congress Against Commercial Sexual Exploitation
of Children. Another is the United Nations' Convention on the Rights
of a Child which is a fundamental and important document as excerpted
below.
The United Nations Convention on the Rights of the
Child
The Convention on the Rights of the Child was
carefully drafted over the course of 10 years (1979-1989) with the input
of representatives from all societies, all religions, and all cultures.
On November 20, 1989, the General Assembly of the United Nations unanimously
adopted the Convention on the Rights of the Child. This is probably
the most significant of all international instruments because many of
the signatory countries base their legislation against child sexual
exploitation on this document. The Convention expressly condemns the
sexual exploitation of minors in prostitution and illegal sexual practices.8
The member states of the United Nations, convinced
that the exploitation of children is a paramount concern, set forth
to establish procedures that protected children against continuing and
evolving violations to their rights.
The Convention
The Convention consists of 54 Articles, all regarding
the rights of a child. The excerpts noted below are Articles from the
Convention directly related to the sexual exploitation of children.9
Article 1
For the purposes of the present Convention, a
child means every human being [younger than] 18 years unless, under
the law applicable to the child, majority is attained earlier.
Article 19
1. States Parties shall take all appropriate legislative,
administrative, social, and educational measures to protect the child
from all forms of physical or mental violence, injury, abuse, neglect
or negligent treatment, maltreatment or exploitation, including sexual
abuse, while in the care of parent(s), legal guardian(s), or any other
person who has the care of the child.
2. Such protective measures should, as appropriate,
include effective procedures for the establishment of social programs
to provide necessary support for the child and for those who have the
care of the child, as well as for other forms of prevention and for
identification, reporting, referral, investigation, treatment, and follow-up
of instances of child maltreatment described heretofore, and, as appropriate,
for judicial involvement.
Article 34
States Parties undertake to protect the child
from all forms of sexual exploitation and sexual abuse. For these purposes,
States Parties shall in particular take all appropriate national, bilateral,
and multilateral measures to prevent
(a) The inducement or coercion of a child to
engage in any unlawful sexual activity;
(b) The exploitative use of children in prostitution
or other unlawful sexual practices;
(c) The exploitative use of children in pornographic
performances and materials
Article 35
Obligates states to prevent the abduction, sale,
and trafficking of children.
Implementation of the Convention
The Convention reflects a global consensus and,
in a very short period of time, it has become the most widely accepted
human rights treaty ever. As of 2002, it has been ratified by 191 countries;
only three countries have not ratified.10
The United States, which has signaled its intention to ratify by formally
signing the Convention, now stands as the only industrialized country
in the world and one of only two United Nations member States yet to
make this legal commitment to children. The other country is Somalia,
which is presently without a recognized government.11
Timor-Leste, which became independent in May 2002, also has yet to ratify
the Convention.12
As in many other nations, the United States undertakes
an extensive examination and scrutiny of treaties before proceeding
to ratify. This examination, which includes an evaluation of the degree
of compliance with existing law and practice in the country at state
and federal levels, can take several years – or even longer if the treaty
is portrayed as being controversial or if the process is politicized.
The United Nations Convention on the Rights of
the Child established a Committee on the Rights of the Child for the
purpose of monitoring the progress of parties. Signatory states are
required to file a report to the Committee on the Rights of the Child
within two years of when they ratified it, from that point they must
file a report every five years. Under the Convention, nongovernment
organizations (NGOs) from signatory states are also encouraged to file
reports declaring the status of children in their country, as it relates
to the Convention.
UNICEF has the full text of the Convention posted
on its web site at http://www.unicef.org/crc.
World Congress Against Commercial Sexual Exploitation
of Children
In 1996 the First World Congress Against Commercial
Sexual Exploitation of Children was convened in Stockholm, Sweden, as
a forum to develop strategies for an international response.13
The World Congress adopted a Declaration and Agenda for Action that
highlights existing international commitments, identifies priorities
for action, and assists in the implementation of relevant international
instruments.14 It calls for action
from governments; all sectors of society; and national, regional, and
international organizations against the commercial-sexual exploitation
of children.15 It emphasizes cooperation,
prevention, and protection of children; recovery; and rehabilitation.16
In addition it promotes the participation of children in developing
and implementing governmental programs designed to help them.17
In December 2001 the Second World Congress on
Commercial Sexual Exploitation of Children, hosted by the Japanese Government
in association with the Prefecture of Yokohama, took place in Yokohama.
In attendance were representatives of 35 states who did not participate
in the first Congress, the number of states committed under the Agenda
for Action now totals 159.18
The objectives of the Second World Congress were
to enhance political commitment to the implementation of the Agenda
for Action adopted at the First World Congress; review progress in the
implementation of this Agenda; share expertise and good practices; identify
main problem areas and/or gaps in the fight against commercial sexual
exploitation of children; strengthen the follow-up process of the World
Congress.19
End Child Prostitution, Child Pornography, and
the Trafficking of Children for Sexual Exploitation [ECPAT] has the
full text of the Second World Congress posted on its web site at http://www.ecpat.net/eng/index.asp.
End Notes
1Eva J. Klain. Prostitution of Children and Child-Sex Tourism:
An Analysis of Domestic and International Responses. Alexandria, Virginia:
National Center for Missing & Exploited Children, 1999, page 42 [hereinafter
Analysis of Responses], citing Douglas Hodgson, Sex Tourism
and Child Prostitution in Asia: Legal Responses and Strategies, 19
Melb. U. L. Rev., 1994, page 527-29 [hereinafter Sex Tourism].
2Republic Act. No. 7610 § 31 Philippines 1992.
3Analysis of Responses, supra note 1, page 43, citing
Sex Tourism, supra note 1, page 527-29.
4Id., citing Sex Tourism, supra note 1,
page 528.
5Id., citing Report of the Special Rapporteur on
the Sale of Children, Child Prostitution and Child Pornography, United
Nations Economic and Social Council, Commission on Human Rights, 52d Sess.,
Agenda Item 20, ¶ 35, U.N. Doc e/CN.4/1996/100, 1996, criminal code
section 216.
6Id., page 44, citing Strafgesetzbuch (Penal Code) §
5 section 176.
7Id., page 44, citing Crimes (Child-Sex Tourism) Amendment
Act 1994 § 50 BA Australia, amending Crimes Act 1914 Australia.
8United Nations International Children's Educational Fund (UNICEF).
Convention on the Rights of a Child, 1999, visited April 12, 2003,
http://www.unicef.org/crc [hereinafter Convention].
9Analysis of Responses, supra note 1, page 40.
10Convention, supra note 8.
11Id.
12Id.
13Analysis of Responses, supra note 1, page 40.
14Id., page 41.
15Id.
16Id.
17Id.
18 End Child Prostitution, Child Pornography and Trafficking
of Children for Sexual Purposes (ECPAT). Second World Congress Against
Commercial Sexual Exploitation of Children, 2001, visited April 12,
2003, http://www.ecpat.net/eng/Ecpat_inter/projects/monitoring/WC2.asp.
19Id.
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