International Human Rights Standards- COP

UN Convention on the Rights of Child (UNCRC), 1989

The UN Convention on the Rights of the Child (UNCRC) 1989 serves as a cornerstone for child online protection, establishing a comprehensive framework for safeguarding children’s rights in the digital environment. The Convention serves as a national policy guideline for countering any contemporary concern pertaining to violation of the rights of children. Pakistan ratified UNCRC, 1989 on 12th November, 1990. 

Article 3, emphasizing the best interests of the child, is paramount in online contexts, requiring all actions concerning children to prioritize their well-being. Article 12, affirming the child’s right to express their views and be heard, underscores the need for age-appropriate online platforms and tools that empower children to participate in the digital world safely. Article 17, promoting access to information and cultural materials, necessitates responsible content moderation and filtering mechanisms to protect children from harmful online content. Article 28, recognizing the right to education, necessitates digital literacy initiatives that equip children with the knowledge and skills to navigate the online world safely and responsibly. Moreover, Article 34 underscores the obligation of states to implement measures that prevent children from being subjected to all forms of sexual exploitation, including online. This includes the need for robust legal frameworks to combat online grooming, child pornography, and other forms of exploitation that can occur in digital spaces. 

Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, 2000

The Optional Protocols to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornogrpahy (OPCRC), 2000 complements UNCRC, 1989 by focusing mainly on protecting children from exploitation. Pakistan ratified OPCRC, 2000 on 26th September, 2001. 

Article 2(c) defines child pornography as any representation, by whatever means, of a child engaged in real or simulated explicit sexual activities. This definition is significant as it provides a clear basis for criminalizing the creation, distribution, and possession of such material, thereby facilitating law enforcement efforts to combat child exploitation online. Article 3(1)(a) emphasizes the obligation of state parties to take all appropriate measures to prevent the sale of children, while Article 3(1)(c) highlights the importance of ensuring that children are not subjected to any form of exploitation, including through the use of technology. This article mandates that states take appropriate measures to protect children from the risks associated with online activities, such as grooming, trafficking, and the distribution of child sexual abuse material. Article 3(3) obligates states to ensure that the rights of children are respected and fulfilled in all actions concerning them, reinforcing the principle of the best interests of the child. Article 4(2) requires states to ensure that their legal systems effectively address child pornography, including preventive measures, and Article 7(a) calls for the establishment of effective procedures for reporting and responding to incidents of child exploitation. 

Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure, 2011

The Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure (2011) significantly enhances child online protection by establishing a robust mechanism for individuals and organizations to raise concerns about violations of children’s rights. Pakistan is yet to ratify the Protocol. 

This communication procedure, outlined in Article 1, empowers individuals and groups to submit complaints to the Committee on the Rights of the Child, allowing them to seek redress for violations of the Convention on the Rights of the Child (CRC) and its Optional Protocols. This empowers children, families, and advocates to hold states accountable for their obligations under the CRC, particularly in the context of online safety. Article 2 further clarifies the scope of the communication procedure, specifying that it covers violations of the CRC and its Optional Protocols, including the Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography. This allows for the addressing of a broad range of concerns related to child online protection, such as online bullying, cyberbullying, access to harmful content, and exploitation.

Article 3 emphasizes the importance of ensuring that the communication procedure is accessible to all, particularly children, by providing information and support to facilitate the submission of complaints. Article 4 establishes the procedures for submitting communications, outlining the requirements for admissibility and ensuring due process. Article 5 outlines the Committee’s responsibilities in examining communications, including the possibility of conducting investigations and requesting information from states. Article 6 details the procedures for responding to communications, including the possibility of issuing recommendations to states. Article 7 underscores the importance of confidentiality in handling communications, ensuring that the identities of individuals involved are protected. The Optional Protocol on a Communications Procedure, by providing a platform for individuals and organizations to raise concerns about violations of children’s rights, strengthens the CRC’s role in safeguarding children in the digital environment.

International Labour Organisation Convention on the Worst Forms of Child Labour, 1999 (No. 182)

The ILO Convention on the Worst Forms of Child Labour (1999) No. 182 establishes a comprehensive framework for prohibiting and eliminating the most hazardous forms of child labor, including those that can be facilitated by online platforms. This convention defines the worst forms of child labour as those that are harmful to children and are likely to cause them physical, mental, or moral harm. It specifically addresses the exploitation of children in the production of and trafficking in illicit drugs, forced or compulsory recruitment into armed forces, and the sale or trafficking of children for sexual purposes, all of which can be exacerbated by the internet. Pakistan ratified this Convention on 11th October, 2001.

Article 1 mandates member states to take immediate and effective measures to prohibit and eliminate the worst forms of child labour, which includes all forms of slavery, trafficking, and sexual exploitation. This directly correlates with online protection as many children are vulnerable to exploitation through digital platforms. The convention highlights the responsibility of governments to create robust legal frameworks that not only address physical labor but also the increasing threats posed by the internet, ensuring children are safeguarded from online predators and harmful content. Article 3(b) specifically categorizes the use of children for the production of pornography or for pornographic performances as one of the worst forms of child labor. This provision is crucial for child online protection as it recognizes the need for stringent measures against the exploitation of children in the digital space. The emphasis on prevention, protection, and rehabilitation within the convention underscores the importance of creating a safe online environment for children. 

Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children supplementing the United Nations Convention against Transnational Organized Crime, 2000

The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UN Convention against Transnational Organized Crime, 2000 (Palermo Protocol) plays an important role in child online protection. It establishes a comprehensive framework for addressing the trafficking of persons, specifically focusing on women and children, which often involves online exploitation. The protocol’s emphasis on prevention, prosecution, and protection aligns perfectly with the need to safeguard children in the digital space.

Article 3 defines trafficking in persons as the recruitment, transportation, transfer, harboring, or receipt of persons, by means of threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or of a position of vulnerability, or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. This definition is broad enough to encompass online exploitation, where children are often lured or coerced into engaging in harmful activities, including sexual exploitation, forced labor, and the production of child sexual abuse material. Article 6 emphasizes the importance of protecting victims of trafficking, particularly children, by providing them with necessary assistance and support. Article 10 focuses on international cooperation, encouraging countries to work together to prevent, suppress, and punish trafficking in persons, including online trafficking. 

ECOSOC Resolution 2011/33

The UN Economic and Social Council issued a resolution entitled “Economic and Social Council Resolution 2011/33 on prevention, protection and international cooperation against the use of new information technologies to abuse and/ or exploit children”. It acknowledges the increasing use of the internet for harmful purposes, particularly the sexual exploitation of children, and calls for a comprehensive and coordinated approach to address this issue. The resolution emphasizes the need for international cooperation, collaboration among stakeholders, and the development of effective strategies to protect children from online exploitation.

The resolution specifically highlights the importance of several key areas related to child online protection. It emphasizes the need for states to strengthen their legal frameworks to address online child sexual exploitation, including criminalizing the production, distribution, and possession of child sexual abuse material. The resolution also calls for increased efforts to prevent children from being exposed to harmful content online, including through education and awareness campaigns. Furthermore, it stresses the importance of providing support and assistance to victims of online child sexual exploitation, including access to counseling, medical care, and legal assistance. 

Budapest Convention

The Budapest Convention, formally known as the Convention on Cybercrime, is a significant international treaty that plays an important role in child online protection. It establishes a framework for international cooperation in combating cybercrime, including offenses related to child sexual abuse material (CSAM). The convention emphasizes the importance of criminalizing various forms of online exploitation, including the production, distribution, and possession of CSAM, and provides a legal basis for international cooperation in investigations and prosecutions.

Article 8 criminalizes the production, distribution, and possession of CSAM, while Article 10 focuses on the criminalization of access to CSAM. Article 25 emphasizes the importance of international cooperation in investigations and prosecutions, allowing countries to share information and resources to effectively combat online child sexual exploitation. Moreover, the convention encourages the development of national legislation and policies to address the specific challenges posed by online child sexual abuse. 

Lanzarote Convention

The Lanzarote Convention, formally known as the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, is a crucial instrument in the fight against child sexual exploitation and abuse, both online and offline. It goes beyond traditional criminal justice approaches by focusing on prevention, protection, and the rehabilitation of victims. The Convention emphasizes a holistic approach to child protection, recognizing the need for a multi-sectoral response involving governments, law enforcement agencies, social services, and civil society organizations.

Article 13 specifically criminalizes the production, distribution, and possession of child sexual abuse material. Article 15 focuses on the criminalization of the access to CSAM, highlighting the need to address both the supply and demand sides of online child sexual exploitation. Article 20 encourages states to implement measures to prevent online child sexual exploitation, including education and awareness campaigns, as well as the development of technological solutions to protect children online. 

Rio de Janeiro Pact to Prevent and Stop Sexual Exploitation of Children and Adolescents, 2008

The Rio de Janeiro Pact, formally known as the “Pact to Prevent and Stop Sexual Exploitation of Children and Adolescents,” is a significant regional commitment aimed at addressing and combating the sexual exploitation of minors, particularly in the context of the online environment. The World Congress III in Rio de Janeiro (2008) reviewed progress since the Stockholm Declaration (1996) and Yokohama Commitment (2001) against child sexual exploitation, resulting in the non-legally binding “Rio de Janeiro Pact.” This pact focuses on national measures for prevention, prohibition, and criminalization, particularly addressing online abuse, child sexual abuse material, and grooming. By recognizing the vulnerabilities of children and adolescents in the digital age, the pact seeks to enhance the legal frameworks and policies that specifically address online exploitation.

Sustainable Development Goals (SDGs) 2030 Agenda 

The 2030 Agenda for Sustainable Development is a comprehensive set of global development goals established by the United Nations in September 2015. It builds upon the achievements of the Millennium Development Goals (MDGs) and sets the agenda for the period from 2016 to 2030. It emphasizes that the Sustainable Development Goals (SDGs) offer a roadmap for governments, including Pakistan, to protect children from abuse and exploitation, both offline and online. Goal 16.2 focuses on ending all forms of violence against children. Goal 5.2 (eliminating all forms of violence against women and girls) and Goal 8.7 (ending child labor in all its forms), contributes to the broader objective of child protection.

 Acknowledgement: Sidra Haya Ali-Qazalbash, Policy and Legal Advisor at Obun2