EUROPEAN PARLIAMENT Anna Karamanou MEMBER OF THE EUROPEAN PARLIAMENT President of the Committee on Women’s Rights and Gender Equality

INTRODUCTION

Public opinion, for the past few years, has been astonished and outraged as it comes to realize the extent of an extremely harmful phenomenon, the sexual exploitation of children. With the revelation of the Dutroux case in Belgium and the World Congress in Stockholm (August 27 to 31, 1996) against the sexual exploitation of children, the taboo surrounding pedophilia gradually began to fall, and public opinion started to understand the scale of a criminal activity with countless facets: child prostitution, child trafficking, sexual tourism, pedophilia, and child pornography.

I. CHILD PROSTITUTION

Millions of children around the world are pushed into prostitution, become objects of sexual trafficking, or are used in the production of pornographic material. In the last decade, this phenomenon has taken on international dimensions, with its manifestations varying according to geographical area. In some communities in Asia, child prostitution has a long tradition, but with the massive influx of tourists, the phenomenon has grown to unprecedented proportions. The trafficking, which is characterized by exceptional organization and transnational structures, is controlled by organizations that operate according to Mafia-like models.

In Africa, sexual exploitation of children occurs in a more discreet manner and is mostly confined within the family household. Victims of this form of sexual exploitation are, for example, underage domestic workers who, in addition to their duties, are forced to satisfy the sexual needs of their employers. In the Near East, the sexual exploitation of children mainly takes place behind the closed walls of homes. Through early marriages, the sexual exploitation of children is concealed and is surrounded by the cloak of legality. Child prostitution also exists in the West, particularly in some major cities. According to estimates, there are about 30,000 underage prostitutes in New York, while in Paris their number is estimated to be between 10,000 and 15,000.

The causes

The causes of child prostitution vary, but poverty, social inequality, and patriarchal structures are undoubtedly the primary determining factors. In developing countries, massive urban migration, increasing economic recession, lack of protection from families and communities, discrimination against women and children, the low educational level of many parents, the growth of mass tourism, and the pursuit of easy profit all provide an explanation for the dimensions that child prostitution has taken on.

Child prostitution is extremely profitable and, paradoxically, involves much fewer risks for those who operate within it than drug trafficking. It is a (criminal) economic sector on the rise, in which an entire chain of intermediaries participates—from the village from which a child is abducted to the destination where the child is ultimately transported. This chain includes traffickers, financiers, and even specialists in “market research,” who deceive the police and bribe politicians.

The consequences of the sexual exploitation of children are tragic: a destroyed childhood with severe physical, psychosomatic, and sexual trauma, neglect of schooling, alcohol and/or drug consumption, serious or even fatal illnesses, and suicidal behavior.

Children who suffer under this new form of slavery find it extremely difficult to escape, and even if they do manage to do so, they often end up in prison, as happens, for example, in Pakistan.

Sexual tourism

It is a recent phenomenon, partly due to the dramatic growth of air travel, particularly by charter flights, and the subsequent increase in the number of tourists.

Those responsible for the sexual exploitation of children linked to tourism are pedophiles from Europe, the United States, and Japan, who form the core group of perpetrators. However, they are joined by “occasional offenders.” This tragedy primarily unfolds in countries of the Far East (Philippines, Thailand, etc.), Latin America (mainly Brazil), as well as in Central and Eastern Europe (Poland, Romania, and Russia).

The psychological, cultural, and social reasons that drive sex tourists to pedophilia are well known to specialists: the search for new experiences, the “oversupply” that fuels demand, economic ease, the false pretext of exotic appearance, whereby children from a particular destination are attributed with premature sexual maturity, a form of racist devaluation, and primarily, the anonymity and impunity.

Children’s pornography

The production of pornographic material with children as protagonists has also evolved into a very profitable industry. Child pornography, which is criminally prosecuted in Europe, enjoys immunity in Asia. The most significant market is Japan. The distribution of child pornography takes place both through traditional and modern media. Not to be underestimated is the role played by the Internet, which in practice serves to disseminate illegal—whether real or virtual—images of children, promoting the allure of the “underworld nightlife” in places like Bangkok or Manila.

After the World Congress against the Trafficking and Sexual Exploitation of Children (Stockholm, August 27-31, 1996) and the pedophile crimes in Belgium, the community institutions strengthened their efforts for the protection of children both within and outside the Union.

II. THE REACTION OF INTERNATIONAL ORGANIZATIONS TO THE SEXUAL EXPLOITATION OF CHILDREN

1. Organizations outside the EU

The Convention on the Rights of the Child (20 November 1989) contains provisions in Articles 19, 34, and 35 for the protection of children from abuse, sexual exploitation, and child pornography. However, the fact that the convention has been signed or ratified by 190 countries unfortunately does not mean that it is applied everywhere with due diligence.

Due to the alarming increase in the sexual exploitation of children, UNICEF and the organization ECPAT (“End Child Prostitution in Asian Tourism”), which is based in Bangkok, organized the World Congress Against the Sexual Exploitation of Children, following an initiative by the Swedish Government, in Stockholm in August 1996, with the following objectives:

• § To draw attention to and inform the public about the seriousness of the problem,

• § To provide a comprehensive overview of the situation by mobilizing all concerned parties (governments, specialized UN agencies, NGOs, police officers, scientists, etc.),

• § To approve a declaration and, most importantly, an action plan.

These objectives were clearly achieved. Although the document approved in Stockholm is not legally binding, it constitutes a kind of moral obligation for the participating countries (about 130) to strengthen the fight against this new form of slavery, with an action plan that will include four areas: international cooperation, prevention, protection, and the reintegration of victims. Specifically, the improvement of international cooperation helped in the creation of databases with information on at-risk children and pedophiles. Prevention targets – beyond the children themselves – families, teachers, the media, and the relevant professional sectors, particularly in the field of tourism.

The tourism industry, which is increasingly under scrutiny due to pedophilic sexual tourism, also responded with the approval of a statement to prevent organized sexual tourism, at the World Tourism Organization’s seminar in Cairo in October 1995. This statement condemns and rejects pedophilic sexual tourism. Furthermore, the Federation of National Associations of Travel Agencies and Tour Operators (ECTAA) approved, on December 20, 1996, in Brussels, a “Declaration Against Pedophilic Sexual Tourism,” through which its members officially commit never to promote, in any form, trips or tourism programs that conceal pedophilic intentions.

2. Initiatives at the EU level

The exploitation of children in the EU occurs in two forms: a) as criminal behavior within the society of each member state and b) as criminal activity that uses the territory of EU member states as a transit hub or as a market.

Certainly, the example of Belgium is not unique. In several countries, the relevant legislation is either insufficient (Sweden, Denmark, France) or non-existent (Portugal and Greece until recently). In contrast, examples of successful cooperation, such as that between the law enforcement authorities of the United States and Russia, which led to the dismantling of an organized child prostitution ring called “Blue Orchid,” should be considered as models of action for member states.

• Ø Proposal for a Framework Decision

At the European level, the crime of human trafficking and sexual exploitation of children falls under the third pillar of the European Union, which includes areas of shared competence between the EU and member states. Consequently, the legislative measures that can be taken by European institutions are limited. However, there are some common guidelines that member states must follow. In this context, at the end of 2000, the European Commission developed a proposal for a framework decision to combat the sexual exploitation of children and child pornography. The purpose of this specific proposal is to take measures that will, among other things, establish common rules for the definition of criminal offenses related to the sexual exploitation of children and child pornography on the Internet. The proposal primarily aims to address, as a priority, the phenomenon that is a shame for our culture and to provide Internet users with a safe, crime-free environment. The intention is for member states to take the necessary action to ensure that there are no safe havens for perpetrators of sexual offenses against children.

However, for a comprehensive fight against the crime, the EU must review any legislative measures that hinder the tackling of the phenomenon. For example, the head of the British National Security Service argued that European data protection legislation mandates the destruction of traffic data (user logs) by internet service providers, thus preventing the police from identifying individuals who exchanged child pornography images. The claim is that European legislation, in this way, protected 500 members of a child pornography ring. Therefore, there needs to be a specific provision for child pornography crimes that mandates the retention of records at the European level.

The European Parliament, for its part, expressed its opinion on the proposed legislative framework through the competent Committee on Civil Liberties and Human Rights, for which I drafted the report, which was subsequently approved by the Plenary of the European Parliament on June 12, 2001. The Council of Ministers of the EU, taking into account the Parliament’s text, has reached a political agreement, but the clarification of certain specific points is still pending in order to be officially adopted and proceed with its publication in the Official Journal of the EU. The delay contributes to the postponement of the timeline set by the proposal for member states to take measures, with the aim of aligning the relevant criminal provisions across the entire territory of the EU.

• Ø The European Parliament resolution

Some of the main issues addressed in the report include:

· . Definition of the concept of “child

It includes every individual under the age of 18, in accordance with Article 1 of the United Nations Convention on the Rights of the Child.

· . Definition of child pornography

The definition of child pornography was expanded to criminalize behaviors that often evade prosecution due to vagueness and lack of provisions in traditional criminal codes (e.g., a gap in Greek criminal law, with relevant legislation under consideration). It precisely defines the means that may be used to commit the crime, taking into account the new developments in technology.

· . Offenses related to the sexual exploitation of children:

Given the complex nature of the crime, the European Parliament added specific criminal behaviors, such as facilitating, purchasing, selling, and trafficking children within and outside the territory. It also assigns responsibility not only to individuals who have custody of the child, such as parents, teachers, etc., but also to legal entities, for example, placing particular legal responsibility on internet service providers and distributors who must prevent the use of their services for promoting child prostitution and pornography. Additionally, the acceptance and acquisition of profit from such activities are criminalized to combat the organized form of the crime.

· . Related child pornography offences:

The crime of child pornography is committed in various stages, which must be criminalized and addressed accordingly in order to achieve the goal of dismantling rings and limiting forms of cooperation. For example, the criminalization of the import, export, trafficking, and distribution of child pornography material. Of particular importance is the criminalization of possessing pornographic material, with the application of certain safeguards, such as for the possession of child pornography material that was acquired while browsing the Internet or through receiving electronic or conventional mail. The existence of demand and the purchase of child prostitution and pornography services should not escape prosecution, as it is the driving force behind the crime.

• · Protection of the victim

Special protection measures need to be taken for the child during the investigation and trial process. In many cases, there is a lack of knowledge about the rights of the child. An important issue is also the provision of protection to the child victim after the trial. According to the mandate of the UN Convention on the Rights of the Child, effective procedures must be established, along with social programs that will provide the necessary psychological and counseling support to the child and those responsible for their care. States must ensure that investigative and legal procedures do not cause additional harm to the victim (e.g., allowing the videotaping of children’s testimonies).

· Information and training of the involved parties

Law enforcement authorities should be staffed with specialized personnel who are capable of handling the traumatized child in an appropriate manner. In many cases, it has been shown that when the investigation is conducted by trained investigative officers, the psychological burden on the victim is less. For example, in the cases of J. van der S. and L. van E., the Dutch police provided training to the Philippine police, with very positive results for the better investigation of child victims. Furthermore, with regard to the staff of diplomatic missions, clear guidelines should be provided for handling similar incidents, as well as for the legislative provisions that must be applied. Many cases show that in many embassies, appropriate support is provided to the victim, through counseling, assistance with interpretation, and repatriation to the country of origin. However, there have also been cases where embassy staff assisted the perpetrator in evading extraterritorial jurisdiction.

• · Registries

The Member States should establish registers of individuals who have been convicted, with the possibility of access to the registers by Europol and Interpol.

· Mechanisms of deterrence and prevention

Each legislative framework must always be supported by additional measures and mechanisms for the deterrence and prevention of crimes. Therefore, it is necessary to address the root causes of the problem and undertake relevant initiatives.

Particular attention needs to be paid to vulnerable groups of children, such as children living away from home, refugee and asylum-seeking children, children involved in entertainment and leisure activities, children using the Internet, etc. The Member States should develop social protection mechanisms for these children, while simultaneously undertaking awareness campaigns on their rights. For this purpose, the involvement of non-governmental and international organizations working to promote children’s human rights is required.

Regarding child pornography on the Internet, it is worth mentioning Council Recommendation No. 98/560/EC of 24 September 1998 on the “development of the competitiveness of the European audiovisual services industry and information services through the promotion of national frameworks aimed at achieving a comparable and effective level of protection for minors and human dignity.” The Recommendation stipulates that the Commission examines the measures taken by the Member States, particularly in the area of self-regulation, to create a trusted environment in the fight against the distribution of illegal content, concerning human dignity in the audiovisual sector and online communication services.

A range of various measures is required, including the provision of enhanced and sufficiently explicit legal protection, preventive measures, as well as measures that will ensure adequate protection and assistance for the victims. Consequently, the measures should cover the entire spectrum of the crime, meaning both the perpetrators of recruitment, organization, transportation, facilitation, and exploitation, as well as the clients themselves.

3. The Greek reality

The need for legislative action against human trafficking and child pornography arises from a series of international conventions – primarily those of the UN – that our country has signed, as well as from the European Framework Decision. Recognizing the seriousness of the issue, Greece proceeded with the drafting of a law that reshaped the provisions both for the economic exploitation of sexual activity and for the protection of minors. Thus, Article 348 of the Penal Code now specifically addresses child pornography, and Article 351 of the Penal Code deals with the crime of human trafficking in its entirety, with a distinguished case being the trafficking of minors. The legislative proposal was adopted by the Hellenic Parliament and published in the Official Gazette on 15.10.2002.

Certainly, the promotion of legislative measures is not the only solution in the overall effort. Emphasis must be placed on the causes that contribute to the existence and spread of the phenomenon. Poverty, destitution, the inadequacy of child protection structures, the lack of control and prevention mechanisms, the lack of education, the weakening of the social fabric both at the family and interpersonal levels, ignorance and inadequate awareness of the crime phenomenon, and most importantly the existence of a related supply and demand market, which operates within the European Union, all favor the creation of organized groups and criminal networks that do not hesitate, for the sake of profit, to turn even children’s bodies and souls into commodities. Certainly, there is a need for awakening, awareness, and mobilization of society as a whole for the effective fight against the exploitation of children and the protection of childhood.