Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
Adopted and opened for signature, ratification and accession by General Assembly resolution 54/263 of 25 May 2000
entry into force 18 January 2002
The States Parties to the present Protocol,
Considering that, in order further to achieve the purposes of the Convention on the Rights of the
Child and the implementation of its provisions, especially articles 1, 11, 21, 32, 33, 34, 35 and 36,
it would be appropriate to extend the measures that States Parties should undertake in order to
guarantee the protection of the child from the sale of children, child prostitution and child
Considering also that the Convention on the Rights of the Child recognizes the right of the child to
be protected from economic exploitation and from performing any work that is likely to be
hazardous or to interfere with the child's education, or to be harmful to the child's health or
physical, mental, spiritual, moral or social development,
Gravely concerned at the significant and increasing international traffic in children for the purpose
of the sale of children, child prostitution and child pornography,
Deeply concerned at the widespread and continuing practice of sex tourism, to which children are
especially vulnerable, as it directly promotes the sale of children, child prostitution and child
Recognizing that a number of particularly vulnerable groups, including girl children, are at greater
risk of sexual exploitation and that girl children are disproportionately represented among the
Concerned about the growing availability of child pornography on the Internet and other evolving
technologies, and recalling the International Conference on Combating Child Pornography on the
Internet, held in Vienna in 1999, in particular its conclusion calling for the worldwide
criminalization of the production, distribution, exportation, transmission, importation, intentional
possession and advertising of child pornography, and stressing the importance of closer
cooperation and partnership between Governments and the Internet industry,
Believing that the elimination of the sale of children, child prostitution and child pornography will
be facilitated by adopting a holistic approach, addressing the contributing factors, including
underdevelopment, poverty, economic disparities, inequitable socio-economic structure,
dysfunctioning families, lack of education, urban-rural migration, gender discrimination,
irresponsible adult sexual behaviour, harmful traditional practices, armed conflicts and trafficking
Believing also that efforts to raise public awareness are needed to reduce consumer demand for
the sale of children, child prostitution and child pornography, and believing further in the
importance of strengthening global partnership among all actors and of improving law enforcement
at the national level,
Noting the provisions of international legal instruments relevant to the protection of children,
including the Hague Convention on Protection of Children and Cooperation in Respect of
Intercountry Adoption, the Hague Convention on the Civil Aspects of International Child
Abduction, the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and
Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children,
and International Labour Organization Convention No. 182 on the Prohibition and Immediate
Action for the Elimination of the Worst Forms of Child Labour,
Encouraged by the overwhelming support for the Convention on the Rights of the Child,
demonstrating the widespread commitment that exists for the promotion and protection of the rights
of the child,
Recognizing the importance of the implementation of the provisions of the Programme of Action
for the Prevention of the Sale of Children, Child Prostitution and Child Pornography and the
Declaration and Agenda for Action adopted at the World Congress against Commercial Sexual
Exploitation of Children, held in Stockholm from 27 to 31 August 1996, and the other relevant
decisions and recommendations of pertinent international bodies,
Taking due account of the importance of the traditions and cultural values of each people for the
protection and harmonious development of the child,
Have agreed as follows:
States Parties shall prohibit the sale of children, child prostitution and child pornography as
provided for by the present Protocol.
For the purposes of the present Protocol:
(a) Sale of children means any act or transaction whereby a child is transferred by any
person or group of persons to another for remuneration or any other consideration;
(b) Child prostitution means the use of a child in sexual activities for remuneration or any
other form of consideration;
(c) Child pornography means any representation, by whatever means, of a child engaged in
real or simulated explicit sexual activities or any representation of the sexual parts of a
child for primarily sexual purposes.
1. Each State Party shall ensure that, as a minimum, the following acts and activities are fully
covered under its criminal or penal law, whether such offences are committed domestically or
transnationally or on an individual or organized basis:
(a) In the context of sale of children as defined in article 2:
2. Subject to the provisions of the national law of a State Party, the same shall apply to an attempt
to commit any of the said acts and to complicity or participation in any of the said acts.
(i) Offering, delivering or accepting, by whatever means, a child for the purpose of:
(b) Offering, obtaining, procuring or providing a child for child prostitution, as defined in
a. Sexual exploitation of the child;
(ii) Improperly inducing consent, as an intermediary, for the adoption of a child in
violation of applicable international legal instruments on adoption;
b. Transfer of organs of the child for profit;
c. Engagement of the child in forced labour;
(c) Producing, distributing, disseminating, importing, exporting, offering, selling or
possessing for the above purposes child pornography as defined in article 2.
3. Each State Party shall make such offences punishable by appropriate penalties that take into
account their grave nature.
4. Subject to the provisions of its national law, each State Party shall take measures, where
appropriate, to establish the liability of legal persons for offences established in paragraph 1 of the
present article. Subject to the legal principles of the State Party, such liability of legal persons may
be criminal, civil or administrative.
5. States Parties shall take all appropriate legal and administrative measures to ensure that all
persons involved in the adoption of a child act in conformity with applicable international legal
1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over
the offences referred to in article 3, paragraph 1, when the offences are commited in its territory or
on board a ship or aircraft registered in that State.
2. Each State Party may take such measures as may be necessary to establish its jurisdiction over
the offences referred to in article 3, paragraph 1, in the following cases:
(a) When the alleged offender is a national of that State or a person who has his habitual residence in its territory;
3. Each State Party shall also take such measures as may be necessary to establish its jurisdiction
over the aforementioned offences when the alleged offender is present in its territory and it does
not extradite him or her to another State Party on the ground that the offence has been committed by
one of its nationals.
(b) When the victim is a national of that State.
4. The present Protocol does not exclude any criminal jurisdiction exercised in accordance with
1. The offences referred to in article 3, paragraph 1, shall be deemed to be included as
extraditable offences in any extradition treaty existing between States Parties and shall be included
as extraditable offences in every extradition treaty subsequently concluded between them, in
accordance with the conditions set forth in such treaties.
2. If a State Party that makes extradition conditional on the existence of a treaty receives a request
for extradition from another State Party with which it has no extradition treaty, it may consider the
present Protocol to be a legal basis for extradition in respect of such offences. Extradition shall be
subject to the conditions provided by the law of the requested State.
3. States Parties that do not make extradition conditional on the existence of a treaty shall
recognize such offences as extraditable offences between themselves subject to the conditions
provided by the law of the requested State.
4. Such offences shall be treated, for the purpose of extradition between States Parties, as if they
had been committed not only in the place in which they occurred but also in the territories of the
States required to establish their jurisdiction in accordance with article 4.
5. If an extradition request is made with respect to an offence described in article 3, paragraph 1,
and the requested State Party does not or will not extradite on the basis of the nationality of the
offender, that State shall take suitable measures to submit the case to its competent authorities for
the purpose of prosecution.
1. States Parties shall afford one another the greatest measure of assistance in connection with
investigations or criminal or extradition proceedings brought in respect of the offences set forth in
article 3, paragraph 1, including assistance in obtaining evidence at their disposal necessary for
2. States Parties shall carry out their obligations under paragraph 1 of the present article in
conformity with any treaties or other arrangements on mutual legal assistance that may exist
between them. In the absence of such treaties or arrangements, States Parties shall afford one
another assistance in accordance with their domestic law.
States Parties shall, subject to the provisions of their national law:
(a) Take measures to provide for the seizure and confiscation, as appropriate, of:
(i) Goods, such as materials, assets and other instrumentalities used to commit or
facilitate offences under the present protocol;
(b) Execute requests from another State Party for seizure or confiscation of goods or
proceeds referred to in subparagraph (a) (i) and (ii);
(ii) Proceeds derived from such offences;
(c) Take measures aimed at closing, on a temporary or definitive basis, premises used to
commit such offences.
1. States Parties shall adopt appropriate measures to protect the rights and interests of child
victims of the practices prohibited under the present Protocol at all stages of the criminal justice
process, in particular by:
(a) Recognizing the vulnerability of child victims and adapting procedures to recognize
their special needs, including their special needs as witnesses;
2. States Parties shall ensure that uncertainty as to the actual age of the victim shall not prevent the
initiation of criminal investigations, including investigations aimed at establishing the age of the
(b) Informing child victims of their rights, their role and the scope, timing and progress of
the proceedings and of the disposition of their cases;
(c) Allowing the views, needs and concerns of child victims to be presented and
considered in proceedings where their personal interests are affected, in a manner
consistent with the procedural rules of national law;
(d) Providing appropriate support services to child victims throughout the legal process;
(e) Protecting, as appropriate, the privacy and identity of child victims and taking measures
in accordance with national law to avoid the inappropriate dissemination of information
that could lead to the identification of child victims;
(f) Providing, in appropriate cases, for the safety of child victims, as well as that of their
families and witnesses on their behalf, from intimidation and retaliation;
(g) Avoiding unnecessary delay in the disposition of cases and the execution of orders or
decrees granting compensation to child victims.
3. States Parties shall ensure that, in the treatment by the criminal justice system of children who
are victims of the offences described in the present Protocol, the best interest of the child shall be
a primary consideration.
4. States Parties shall take measures to ensure appropriate training, in particular legal and
psychological training, for the persons who work with victims of the offences prohibited under the
5. States Parties shall, in appropriate cases, adopt measures in order to protect the safety and
integrity of those persons and/or organizations involved in the prevention and/or protection and
rehabilitation of victims of such offences.
6. Nothing in the present article shall be construed to be prejudicial to or inconsistent with the
rights of the accused to a fair and impartial trial.
1. States Parties shall adopt or strengthen, implement and disseminate laws, administrative
measures, social policies and programmes to prevent the offences referred to in the present
Protocol. Particular attention shall be given to protect children who are especially vulnerable to
2. States Parties shall promote awareness in the public at large, including children, through
information by all appropriate means, education and training, about the preventive measures and
harmful effects of the offences referred to in the present Protocol. In fulfilling their obligations
under this article, States Parties shall encourage the participation of the community and, in
particular, children and child victims, in such information and education and training programmes,
including at the international level.
3. States Parties shall take all feasible measures with the aim of ensuring all appropriate
assistance to victims of such offences, including their full social reintegration and their full
physical and psychological recovery.
4. States Parties shall ensure that all child victims of the offences described in the present Protocol
have access to adequate procedures to seek, without discrimination, compensation for damages
from those legally responsible.
5. States Parties shall take appropriate measures aimed at effectively prohibiting the production
and dissemination of material advertising the offences described in the present Protocol.
1. States Parties shall take all necessary steps to strengthen international cooperation by
multilateral, regional and bilateral arrangements for the prevention, detection, investigation,
prosecution and punishment of those responsible for acts involving the sale of children, child
prostitution, child pornography and child sex tourism. States Parties shall also promote
international cooperation and coordination between their authorities, national and international
non-governmental organizations and international organizations.
2. States Parties shall promote international cooperation to assist child victims in their physical
and psychological recovery, social reintegration and repatriation.
3. States Parties shall promote the strengthening of international cooperation in order to address
the root causes, such as poverty and underdevelopment, contributing to the vulnerability of
children to the sale of children, child prostitution, child pornography and child sex tourism.
4. States Parties in a position to do so shall provide financial, technical or other assistance through
existing multilateral, regional, bilateral or other programmes.
Nothing in the present Protocol shall affect any provisions that are more conducive to the
realization of the rights of the child and that may be contained in:
(a) The law of a State Party;
(b) International law in force for that State.
1. Each State Party shall, within two years following the entry into force of the present Protocol
for that State Party, submit a report to the Committee on the Rights of the Child providing
comprehensive information on the measures it has taken to implement the provisions of the
2. Following the submission of the comprehensive report, each State Party shall include in the
reports they submit to the Committee on the Rights of the Child, in accordance with article 44 of
the Convention, any further information with respect to the implementation of the present Protocol.
Other States Parties to the Protocol shall submit a report every five years.
3. The Committee on the Rights of the Child may request from States Parties further information
relevant to the implementation of the present Protocol.
1. The present Protocol is open for signature by any State that is a party to the Convention or has
2. The present Protocol is subject to ratification and is open to accession by any State that is a
party to the Convention or has signed it. Instruments of ratification or accession shall be deposited
with the Secretary- General of the United Nations.
1. The present Protocol shall enter into force three months after the deposit of the tenth instrument
of ratification or accession.
2. For each State ratifying the present Protocol or acceding to it after its entry into force, the
Protocol shall enter into force one month after the date of the deposit of its own instrument of
ratification or accession.
1. Any State Party may denounce the present Protocol at any time by written notification to the
Secretary- General of the United Nations, who shall thereafter inform the other States Parties to the
Convention and all States that have signed the Convention. The denunciation shall take effect one
year after the date of receipt of the notification by the Secretary-General.
2. Such a denunciation shall not have the effect of releasing the State Party from its obligations
under the present Protocol in regard to any offence that occurs prior to the date on which the
denunciation becomes effective. Nor shall such a denunciation prejudice in any way the continued
consideration of any matter that is already under consideration by the Committee on the Rights of
the Child prior to the date on which the denunciation becomes effective.
1. Any State Party may propose an amendment and file it with the Secretary-General of the United
Nations. The Secretary-General shall thereupon communicate the proposed amendment to States
Parties with a request that they indicate whether they favour a conference of States Parties for the
purpose of considering and voting upon the proposals. In the event that, within four months from
the date of such communication, at least one third of the States Parties favour such a conference,
the Secretary-General shall convene the conference under the auspices of the United Nations. Any
amendment adopted by a majority of States Parties present and voting at the conference shall be
submitted to the General Assembly of the United Nations for approval.
2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into
force when it has been approved by the General Assembly and accepted by a two-thirds majority
of States Parties.
3. When an amendment enters into force, it shall be binding on those States Parties that have
accepted it, other States Parties still being bound by the provisions of the present Protocol and any
earlier amendments they have accepted.
1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts
are equally authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of the present
Protocol to all States Parties to the Convention and all States that have signed the Convention.