Academic literature on the topic 'Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse'

Sexual violence against children is a serious challenge for the contemporary international community. Ways of more effective counteracting this phenomenon are being sought. A special role plays in this process Council of Europe’s Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention), CETS No. 201. The Parliamentary Assembly of the Council of Europe, in Resolution 2330 (2020) and Recommendation 2175 (2020) Addressing sexual violence against children - stepping up action and co-operation in Europe, adopted on June 26, 2020, assessed the situation in this area in Europe and presented recommendations on the issue of combating this phenomenon more effectively. The dangers in this area during the Covid-19 pandemic play a significant role in this process. The author analyzed these PACE documents in broader context of research on this subject and emphasized their importance for international efforts to combat sexual violence against children.

The ratification of the Lanzarote Convention by Russia in 2013 entails several issues that cannot be resolved without the help of social-humanitarian sciences. Information from sociology, psychology, and jurisprudence has been used to create a concept for the empirical study of the domestic violence against children - to improve the implementation of the Convention in Russia. The concept considers two aspects of the problem - social and social-cultural. The article presents the Russian experience of how the provisions of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse are implemented. The authors analyze statistical data on the number of families in which a sexually abused child is brought up; the number of abortions and childbirths by minors; the number of minors in educational colonies; the work of the childrens helpline; the number of mediation services; the number of social service organizations for families and children; the number of professionals working with children in programs aimed at preventing and protecting children from sexual exploitation and abuse; the number of organizations providing psychological-pedagogical and medical-social assistance; the number of specialized multifunctional centers providing assistance to families and child victims of sexual abuse; the number of specialized green rooms for investigating crimes related to minors; the number of specialists accompanying minors who have come into conflict with the law at all stages of the investigation and court proceedings; the number of professionals trained under the Child Sexual Violence Protection Program and now assisting families and child victims of violence. The article will be useful for readers who study the implementation of the Lanzarote Convention and the issues of child sexual abuse and domestic violence.

In the article, based on the analysis of theoretical developments in criminal law and current provi-sions of Section IV of the Special Part of the Criminal Code of Ukraine, an attempt is made to analyze the institution of a victim of lewd acts. In particular, the article states that the Law of Ukraine of March 14, 2018 "On Amendments to the Criminal Code of Ukraine on Protection of Children from Sexual Abuse and Sexual Exploitation" amended the wording of Articles 155 and 156 of the Criminal Code of Ukraine and actually met the requirements of Art. 18 of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse as regards the recommendation to member states to determine the age at which sexual intercourse with a child is prohibited, even with the latter's voluntary consent, stipulating that any sexual age is prohibited relationship with a minor is 16 years old.

Criminal law protection of a child from sexual violence is very complex in nature and is achieved by prescribing crimes against sexual freedom. In the Serbian criminal legislation, in most criminal offenses, protection is provided for their qualified, i.e. more serious, form. Violation of the sexual integrity of a child in the form of sexual exploitation and abuse is one of the most serious, inhumane, crimes. Systematic study of the phenomenon of endangering the sexual freedom and integrity of child undoubtedly represents a supranational problem and overcomes the mutual social, cultural, religious and other differences of individual states. Criminal law protection is achieved by prescribing certain behaviors as criminal acts, i.e. by stipulating when certain human behaviors can be considered punishable and under what conditions, as well as by prescribing penalties for such acts. It is the most vulnerable category (child) that is placed in a special position according to which sexual freedoms and integrity are most seriously violated and endangered, which inevitably requires initiation of criminal proceedings in order to protect them. On the one hand, in the modern criminal legislation, the legal incrimination is expanding in most criminal acts when it comes to children, because, on the other hand, the number of criminal acts committed to the detriment of children is increasing. In support of this is the fact that the adopted Law on Amendments to the Criminal Code from 2009, in the chapter against sexual freedom, criminalized two new crimes: inducing a child to attend sexual acts (Article 185a) and abuse of computer networks and other technical means of communication for committing crimes against sexual freedom against a minor (Article 185b). The original text of the Criminal Code also contains incriminations of Rape ((Article 178), Sexual Intercourse through Abuse of Position (Article 179), Sexual Intercourse with a Child (Article 180), Showing, Procuring and Possessing Pornographic Material and Minor Person Pornography (Article 185) which provide protection of the child's sexual integrity. The paper analyzes criminal acts that provide basic and additional protection of the child's sexual integrity, but also examines the compliance of new normative solutions with relevant international legal documents in this area, primarily with the Council of Europe Convention on the Protection of Children from Sexual Abuse and Sexual Exploitation.

The 2005 Council of Europe Convention on Action against Trafficking in Human Beings is open for signature not only by Member States of the Council of Europe, but also non-members of the Council of Europe. This Convention is comprehensive treaty mainly focused on the protection of victims of trafficking in human beings and ensure of their rights. It also aims at preventing human trafficking as well as prosecuting perpetrators. The provisions of this Convention are applied to all forms of trafficking: both national and international trafficking and whether or not it is related to organized crime. The Convention protects the rights of women, men and children who have been subjected to any form of exploitation (sexual exploitation, forced labor, services, etc.). Moreover, the Convention provides an independent monitoring mechanism to control the implementation of the provisions of the Convention. Key words: Convention on Action against Trafficking in Human Beings, Council of Europe, GRETA, exploitation, implementation, victims of human trafficking

The article contains critical remarks on the wording of Article 156 ("Depravity of minors") of the Criminal Code of Ukraine, reveals its inconsistency with the provisions of the Council of Europe Convention for the Protection of Children against Sexual Exploitation and Sexual Violence of 25.10.2007, as well as lack of legislation the content and scope of the concepts of "depravity" (Article 156 of the Criminal Code of Ukraine) and "lewd acts" (Articles 181, 156, 302 of the Criminal Code of Ukraine), which in accordance with the principle of legal certainty is a violation of Article 8 of the Constitution of Ukraine. The thesis about the inadmissibility of sending the blanket norm of criminal legislation (Articles 181, 156, 302 of the Criminal Code of Ukraine) to unspecified norms of morality, which, in turn, is historically variable and differs depending on religion, political or corporate preferences, views of minorities or people of different races, nationalities and genders, etc. A new version of Article 156 ("Depravity of a person under the age of sixteen") of the Criminal Code of Ukraine has been proposed.

Starting from the provisions of Article 208 of the Romanian Criminal Code, which refers to the crime of harassment, the article proposed to analyze the crime of harassment both at the national and international level by means of Directive 2011/92/EU on combating sexual abuse on children, sexual exploitation of children and child pornography and the Council of Europe Convention on the protection of children against sexual exploitation and sexual abuse. The article also presents and analyzes issues related to criminalization and the investigation of the new forms of harassment carried out through information and communications technology.

503Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Role of European Court of Human Rights — Judgments of European Court of Human Rights and Russian Constitutional Court — Whether interdependent — Resolution in case of conflicting judgments — Supremacy of Russian law — Russian Constitution — Section 1 of Article 6.21 of Russian Administrative Offences Code — Whether compatible with Russian ConstitutionRelationship of international law and municipal law — Treaties — International instruments — Universal Declaration of Human Rights, 1948 — European Convention on Human Rights, 1950 — International Covenant on Civil and Political Rights, 1966 — Rights and duties — Rights of freedom of expression — Restrictions on rights — Whether necessary in democratic society — Public health and morals — Moral values — Relevance — Russian Constitution — Article 15(4) of Constitution — International law an integral part of Russian legal system — Implementation of international provisions — Constitutional recognition of traditional family values in Russian society — Respect for dignity of others and Russian morality — Prohibition of propaganda arousing hatred — Article 29(2) of Russian Constitution — Traditional family values in Russian society — Role of family — Russia’s legislative approach — Whether conforming with Russian Constitution — Whether contradicting International Covenant on Civil and Political Rights, 1966 or European Convention on Human Rights, 1950 — Section 1 of Article 6.21 of Russian Administrative Offences Code — Whether compatible with Russian ConstitutionRelationship of international law and municipal law — Treaties — United Nations Convention on the Rights of the Child, 1989 — Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, 2007 — Rights of children — Traditional family values in Russian society — Russian Constitution — Protection of children from sexual exploitation and abuse — Dissemination of information related to sexual self-determination — Whether information damaging to health and development of children — Whether Russia obliged to create conditions for propaganda, support and recognition of same sex union under Constitution or international law — Section 1 of Article 6.21 of Russian Administrative Offences Code — Whether compatible with Russian Constitution504International tribunals — European Court of Human Rights — Jurisdiction — Whether Court having competence to review conformity of Russian legislation with European Convention on Human Rights, 1950 — Constitutional requirement to exhaust domestic remedies before appealing to interstate bodies for human rights protection — Article 46 of Russian Constitution — Judgments of European Court of Human Rights and Russian Constitutional Court — Whether interdependent — Resolution in case of conflicting judgments — Section 1 of Article 6.21 of Russian Administrative Offences Code — Whether compatible with Russian ConstitutionHuman rights — Prohibition on discrimination — Equality of all persons — Human dignity — Right to private life — Freedom of speech — Sexual self-determination — Sexual discrimination — Right to disseminate information related to sexual self-determination — Whether exercise of right violating rights of others — Rights of minors — Balancing of rights — Moral values — Relevance — Whether public activity unconditionally lawful under Russian Constitution — Approach under international instruments — Duties and restrictions — Universal Declaration of Human Rights, 1948 — European Convention on Human Rights, 1950 — International Covenant on Civil and Political Rights, 1966 — Articles 13, 17, 19, 29 and 55 of Russian Constitution — Traditional family values in Russian society — Role of family — Russia’s legislative approach — Whether conforming to Russian Constitution — Whether contradicting International Covenant on Civil and Political Rights, 1966 or European Convention on Human Rights, 1950 — Section 1 of Article 6.21 of Russian Administrative Offences Code — Whether compatible with Russian ConstitutionHuman rights — Rights of children — Traditional family values in Russian society — Russian Constitution — Protection of children from sexual exploitation and abuse — United Nations Convention on the Rights of the Child, 1989 — Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, 2007 — Dissemination of information related to sexual self-determination — Whether information damaging to health and development of children — Whether Russia obliged to create conditions for propaganda, support and recognition of same sex union under Constitution or international law — Section 1 of Article 6.21 of Russian Administrative Offences Code — Whether compatible with Russian Constitution — The law of the Russian Federation

This article is dedicated to assessment of the protection of the rights of children regarding sexual abuse cases, and the crucial importance of evaluating the vulnerable situation of the child. The article includes examination of practical elements determined by Paragraph 1 (iii) of Article 18 of Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, and Article 3 of the European Convention of Human Rights from the perspective of effective investigation of sexual abuse case. Recent challenges in court practice and discussions in legislative process emphasize the risks presented by leaving certain types of sexual abuse unpunished, and thus jeopardising the effective protection of the individual’s sexual autonomy. Therefore, the article will address the importance of assessing the particularly vulnerable situation of the child in sexual abuse cases to precisely characterize the criminal act.