Since the adoption of the CRC and the Worst Forms o f Child Labour Convention, two Optional Protocols have been formulated in association with the CRC. These are the Protocols 'On the Sale o f Children, C hild P ro s titu tio n a n d Child P ornography1,71 and 'On the Involvement of Children in Armed Conflict, building on two articles in the CRC, concerned with specific types of exploitation.172 The Commission on Human Rights first raised the possibility of adopting a Protocol on the Sale o f Children, in 1994.171 An open-ended inter-sessional Working Group was charged with formulating guidelines for a draft protocol in co-operation with the Special
167 Art. 2; CRC, Art. 1.
166 Art. 7(2)(e), and in the Worst Forms of Child Labour Recommendation Art. 2(c)(i-iii). Also, the problem of hidden work situations, in which girls are at special risk'; mentioned by the representative from the European NGO coalition, with reference to the CRC, Committee on Child Labour Report to the 86th Session of the International Labour Conference (1998),
§ 68, related to the non-discrimination article in the CRC, Art. 2.
166 Art. 2.
170 See Section 7.3.2.2„ California; also applicable to the U.K., Melrose, M. (1999). One way street? Retrospectives on childhood prostitution. London, The Children's Society, p. 3.
171 A/RES/54/263, Into force 18/01/2002, and 12/02/2002 respectively, ratified by the U.S., 23/12/2002 and signed by the Netherlands. Art. 3(1 KWc) obligates States Parties to ensure that 'engagement of a child In forced labour' is brought under the criminal law.
172 Art». 34 and 38.
134
Rapporteur on the sale of children, child prostitution and child pornography and the Committee on the Rights of the Child. Participants to the Working Group argued, whether the Instrument should focus upon Arts. 34 and 35 of the CRC only, or was to be extended to cover Arts. 20, 21, 32, and 33,174 as eventually decided.'75 The obligation of States Parties of ensuring, that the activities mentioned in Art. 3(1) are covered under domestic criminal law,'79 gave rise to concern about the potential abuse of children by other children, who would therefore have to be considered as offenders.'77 Another controversy concerned the décriminalisation of child victims under the age of eighteen, which in some instances was in conflict with national legislation.'79 No objection was made to the use of the term 'décriminalisation' in connection with the word 'victim', even though it was argued, that measures were essential to protect child victims, including their privacy.'79 Another suggestion was made to include an article to oblige 'States Parties to ensure cooperation between their appropriate officials in apprehending and prosecuting those responsible [ ] bearing in mind the need to protect the privacy of all involved'.'90 Here the use of the word 'all' suggests, that perpetrators (including their relatives) as well as victims, ought to be entitled to privacy. In the event the issue of the protection of the privacy of perpetrators, even if younger than eighteen, has not been addressed in the final text.
Equally a proposal to replace the word 'victim' by the more neutral expression 'children
' 73 Commission on Human Rights (1994). Resolution 1994/9. Geneva, United Nations - Economic and Social Council.
’ 7< Economic and Social Council (1996). Report of the Working Group on the Optional Protocol E/CN.4/1996/101. Geneva, United Nations. § 31.
' 7S The Preamble refers to Art. 11 instead of 20.
' 7* Art. 3(1 )(a)(i), covering a) 'sexual exploitation of the child', b) 'transfer of organs of the child for profit, and c) ‘engagement of the child In forced labour.
177 Economic and Social Council Report of the Working Group on the Optional Protocol E/CN.4/1998/103, § 62.
' 7* For instance in U S. domestic legislation, Economic and Social Council Report of the Working Group on the Optional Protocol E/CN.4/1996/101, §§ 50-51.
,7a Art. 8, Economic and Social Council Report of the Working Group on the Optional Protocol E/CN.4/1996/101, § 103.
Economic and Social Council Report of the Working Group on the Optional Protocol E/CN.4/1996/101. $120.
135
used in the practices condemned in the present protocol', which would less disparaging to a young person's dignity,1*1 has not been adopted.
An issue of major contention was the request of the United States to include a provision in the Protocol 'On the Sale of Children'1*2 to permit States to become Parties to the Protocol without prior ratification of the CRC.181 182 183 Representatives of several countries objected, that further consultation was required in view of the legal implications for other human rights treaties,184 whilst others suggested the Protocol could be considered on its own without reference to the parent Convention.185 Proponents also argued in favour of including the provision for the sake of consistency,186 as the request had already been granted in case of the Protocol 'On the Involvement o f Children in Arm ed Conflict,187 In the event the proposal to add a new paragraph to Art. 13(2) was accepted: 'The present Protocol is subject to ratification or open to accession by any State which is a party to the Convention or has signed it',188 which, as argued by the U.S., would achieve the widest possible acceptance.189 The adoption of the provision190 has enabled the U.S. to ratify the Protocol without first acceding to the CRC. Despite the understanding that ratification of the Optional Protocols does not involve any obligations by the U.S. under the CRC,1,1 its reports concerning progress towards the implementation of the Protocols
181 Commission on Human Rights (1998). E/CN.4/1998/103. Geneva, United Nations, Economic and Social Council, § 64.
182 As adopted in the Protocol on 'the Involvement of Children in Armed Conflicts.' 181 Commission on Human Rights (2000a). E/CN.4/2000/WG.14/CRP.3. Geneva, United
Nations, Economic and Social Council. § 19.
184 Commission on Human Rights E/CN.4/2000/WG.14/CRP.3, §§ 31-32.
188 Commission on Human Rights E/CN.4/2000/WG.14/CRP.3, § 33.
188 Commission on Human Rights (2000c). E/CN.4/2000/75. Geneva, United Nations, Economic and Social Council, § 38.
187 Commission on Human Rights (2000b). E/CN.4/2000/74. Geneva, United Nations, Economic and Social Council, §§ 80-81.
188 Draft Protocol, Commission on Human Rights E/CN.4/2000/75, Annex.
189 Commission on Human Rights E/CN.4/2000/75, § 42.
190 Art. 13(2).
181 1 ) 'No Assumption of Obligations under Convention on the Rights of the Child' -The United States understands that the United States assumes no obligations under the Convention on the Rights of the Child by becoming a party to the Protocol
'Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child 13«
need to be in line with the general principles of the CRC, exemplified by Arts. 2, 3, 6 and 12, in the same way as the reports to the Convention itself.* 192