Ratification of the United Nations Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

As part of its commitment to protect children, Canada ratified the United Nations Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography on September 14, 2005.

What is an Optional Protocol?

An "Optional Protocol" to a United Nations treaty is an additional document added to an existing treaty, sometimes years after the treaty has come into force. An optional protocol can include more detail about matters that were in the original treaty, or it can deal with issues that have come up since the treaty was written. The optional protocol can add rights and obligations that were not in the original treaty. Also, the protocol can provide for procedures related to the treaty.

What is the aim of this Optional Protocol?

The United Nations (UN) Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography requires countries that ratify it to:

• have and enforce laws to prohibit the sale of children, child prostitution and child pornography;
• seize any items used in breaking those laws, as well as any money made by people who break those laws;
• cooperate with other governments to help investigations or criminal proceedings relating to those laws;
• develop public awareness, information and education campaigns to help protect children; and
• provide measures to help child victims recover from any psychological or physical harm.

Canada meets all of these requirements through its laws, programmes and policies. This includes a range of criminal laws under the Criminal Code to protect children from abduction, kidnapping, abuse and sexual exploitation—including protection from child pornography and child prostitution. Other federal laws also address these prohibitions, including the Immigration and Refugee Protection Act in relation to trafficking.

History

In 1994, the UN Commission on Human Rights was concerned that international trafficking in children, sex tourism and child pornography were increasing. It created a working group to draft an optional protocol to the Convention on the Rights of the Child. Canada was a member of the working group, in keeping with its efforts to protect children at home and abroad.

The UN General Assembly adopted the Optional Protocol in May 2000. It came into force in January 2002. Canada signed the Optional Protocol on November 10, 2001, indicating it would ratify the Optional Protocol at the earliest opportunity. As of September 1, 2005, 99 countries have ratified the Optional Protocol.

Canada’s recent measures to protect children

Besides ratifying the Optional Protocol, the Government of Canada is further protecting children from people who possess, produce or distribute child pornography, and from other forms of sexual exploitation by increasing sentences for these offences. It has also created a new offence of sexual exploitation to better protect young persons less than 18 years of age against those who would prey on their vulnerability. These measures are found in An Act to amend the Criminal Code (protection of children and other vulnerable persons) and the Canada Evidence Act, which was enacted in July 2005, and will become law on a date to be determined.

Canada is also taking measures to further combat human trafficking through Bill C-49, An Act to amend the Criminal Code (trafficking in persons),and by developing a broad federal anti-trafficking strategy.

By ratifying the Optional Protocol, and through these additional measures, the Government of Canada is reaffirming its commitment to protect children from harm in Canada and abroad. This is also consistent with Canada’s National Plan of Action for Children entitled, A Canada Fit for Children. A Canada Fit for Children identifies meaningful ways that Canadians can improve the lives of children in Canada and around the globe.  

Other measures to protect children

The Government of Canada is responsible for international treaties, but the Optional Protocol also addresses some matters that fall under provincial and territorial responsibility. These include adoption, human tissue transfer, victims’ services and forced labour. The provinces and territories support Canada’s ratification of the Optional Protocol and have confirmed that their laws meet Canada’s obligations under the Optional Protocol.

Canada has also taken part in other international efforts to protect children. For example, Canada was the first country to sign and ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts. Canada has also ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime , and the International Labour Organization's Convention 182 on the Elimination of the Worst Forms of Child Labour.

Department of Justice
September 14, 2005