Il Protocollo facoltativo alla Convenzione per i diritti del fanciullo sulla vendita dei minori, la prostituzione e la pornografia minorile

The Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography

The paper discusses the content of the Optional Protocol on the Sale of Children, Child Prostitution and Pornography. It analyses the provisionsof this Optional Protocol to the Convention on the Rights of theChildren, and integrates them with the jurisprudence of the Committeeon the Rights of the Child.Considering the entire text of this Optional Protocol, the paper highlightsall the main issues covered in the treaty. These include: definition andcriminalisation of the offence; jurisdiction, extradition and further mattersof criminal procedure; prevention; protection of victims and theirrehabilitation; importance of international cooperation in the fightagainst sale of children, child prostitution and child pornography.Subsequent to the analysis, the paper more closely examines theConcluding Observations of the Committee on States Parties’ reports. Bycomparing the content of the Protocol with the observations of theCommittee, it is easy to identify the gaps that exist between what isrequired, and what has been done. At the same time, such a comparisonallows for a discussion of some successful attempts at compliance.The paper concludes that the Committee’s jurisprudence has indeedprovided very useful guidance to the complex issues of the Protocoland helped in filling some of the gaps contained therein. Concurrently,the paper finds that many challenges remain with respect to theimplementation of the Protocol’s provisions at national level.