The Optional Protocol on the sale of children, child prostitution and child pornography extends the measures that State parties must take to protect children from these violations of their human rights. The Optional Protocol not
only defines the sale of children, child pornography and child prostitution
(art. 2), but also provides a non-exhaustive list of acts and activities that
State parties must criminalize (art. 3). This criminalization should also cover
attempts to commit such acts or activities and complicity and participation in
them. Articles 4 and 5 set forth the basis for State parties to assert jurisdiction
over actionable practices relating to the sale of children, child prostitution
and child pornography (including extraterritorial legislation) and provides for
the extradition of alleged offenders. Based on the principle of the best interests of the child, the Optional Protocol also sets forth provisions for protecting
and assisting child victims during all stages of the criminal justice process
(art. 8). In addition, preventive measures against the sale of children, child
prostitution and child pornography, as well as redress, rehabilitation and recovery of child victims, are foreseen in articles 8 and 9. For the implementation of all these provisions, the Optional Protocol asks for close collaboration
among State parties (arts. 6 and 10).
Finally, the Optional Protocol on a communications procedure was adopted
by the General Assembly in December 2011 and will be open for signature
in 2012. It establishes the right to individual petition, inquiries and inter-State
complaints.
G. International Convention on the Protection of the Rights
of All Migrant Workers and Members of their Families
(1990)
The International Convention on the Protection of the Rights of All Migrant
Workers and Members of their Families) was adopted in December 1990.
It applies to the entire migration process, from preparation for migration,
departure and transit to the total period of stay and remunerated activity in
the State of employment and the return to the State of origin or of habitual
residence. Most rights are relevant to the receiving State, although the sending State also has specific obligations.
The Convention begins with the prohibition of discrimination in the enjoyment
of the Convention’s rights. It then sets out the rights, first, of all migrant workers and members of their families, irrespective of their migration status, and,
second, the additional rights of documented migrant workers and their families. In defining the civil and political rights of migrant workers, the Convention follows the language of the International Covenant on Civil and Political
Rights very closely. Some articles restate the rights of the Covenant taking
into account the particular situation of migrant workers, such as consular
14
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents