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