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Sexual Health Exchange, 1998 - no. 1 International Travellers cannot go to foreign countries to engage in sexual crimes against children, evade criminal prosecution in the countries where the crimes are committed and then expect to return home without any consequences. That is the message behind current efforts of the International Tribunal for Children's Rights (ITCR), established to conduct individual and public inquiries and propose concrete solutions to violations of children's rights. The ITCR is not a formal judicial institution and therefore cannot punish those responsible for abuse. The judges and legal experts from various countries who comprise the tribunal, however, use their influence as a means of persuading governments to enforce relevant laws. The tribunal met recently in Fortaleza, Brazil, to hear a case on a prostitution ring organized by Europeans. Other specific hearings will focus on cases of sex tourism and international paedophile rings in Belgium, Canada, Germany, Philippines and Sri Lanka. It also recently held its first public hearings in Paris, France, to address the effectiveness of extraterritorial legislation in response to the international dimension of child sexual exploitation. The governments and NGOs of 14 countries that have adopted such laws informed the ITCR about their attempts to halt child sex tourism and other kinds of sexual abuse against children. During a discussion on changes needed to make extraterritorial laws more effective, delegates proposed the following measures:
In April 1998 a meeting in Bangkok, Thailand, will address prevention, justice and rehabilitation. The ITCR members will report on their findings and recommendations, which will be incorporated into an annual report presented to the international community on 20 November 1998, the anniversary of the adoption of the UN Convention of the Rights of the Child. What is sexual abuse? DEMUS has noted in the course of its work that sexual abuse must be clearly defined. Some interpret the law to define such abuse only as penile penetration of the vagina or anus against a person's will. DEMUS argues, however, that this definition should be expanded to include all behaviours in which an individual uses sexuality to violate another's liberty and dignity. This would mean that forced oral sex or, for example, insertion of objects into the vagina or anus against a person's will would also be defined as sexual abuse. The type of relationship between the persons involved (e.g., married, co-habitants, friends, strangers) is irrelevant.Consensual (mutually agreed) vaginal, anal or oral sex would not be considered abuse, an important consideration in places where homosexuality, for example, is equated with anal sex. What is extraterritorial legislation? Extraterritorial legislation is a body of laws that make it possible to prosecute one country's citizens for crimes they commit in another country. Such laws enable governments, for example, to bring sex tourists who abuse children in another country to trial. Vitit Muntarbhorn, former UN Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography, has noted that such laws cannot be a substitute for effective enforcement of laws in countries where sexual crimes against children are committed; rather they are a supportive mechanism. Pierre Dionne, Director General, International Bureau for Children's Rights, 1185 rue StMathieu, Montreal, Quebec H3H 2P7, Canada; Tel: 15149327656; Fax: 15149329453; email: dionnep@ibm.net |
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