SEXUAL ABUSE AND EXPLOITATION OF BOYS IN SOUTH ASIA A ...

• Work to harmonize national laws to ensure protection for child victims of crossborder
trafficking who may fall under the legal purview of two or more nations.
• In particular, harmonize legislation in relation to the definitions of trafficking, legal
definition of a child, possibility of obtaining compensation for harm suffered by
trafficking victims and repatriation measures.
• Ensure that foreign victims have access to refugee determination procedures under the
Refugee Conventions and that the principle of non-refoulement is adhered to.
Amend legislation to protect boys
• Amend laws to provide boys with legal protection from abuse and exploitation equal
to girls, including legal recognition of rape, sexual harassment and sexual exploitation
in prostitution.
Enact sexual abuse legislation
• Enact comprehensive legislation that clearly defines sexual abuse in accordance with
international standards and provides boys and girls with protection from all forms of
sexual abuse, including that perpetrated by women and family members.
Enact child pornography legislation
• Enact comprehensive legislation that clearly defines child pornography in accordance
with international definitions.
• Ensure the following aspects of pornography are penalized: production; offering and
making available; distributing or transmitting; procuring for oneself or another person;
possessing; knowingly obtaining access and viewing sexual abuse representations
through information and communication technologies; intentionally recruiting,
causing or coercing a child to take part in pornographic performances; profiting from
or otherwise exploiting a child for this purpose; knowingly attending pornographic
performances involving the participation of children and attempting, aiding or abetting
these offences; and advertising in any way child exploitation in pornography and child
abuse images.
• Prohibit grooming – making intentional proposals by an adult, including through the
Internet, to meet a child under the age of consent for sexual purposes.
Establish jurisdiction over sexual exploitation offences by country. Each country should
have jurisdiction over such offences, including when committed:
• On its territory or on ships flying its flag or aircraft registered under its laws;
• By one of its nationals or by persons having habitual residence in its territory, or in
other territories;
• In other territories against a child who is a national or has his/her habitual residence in
the State’s territory.
• Ensure that extraterritorial legislation is not limited by the ‘double criminality’
condition – requiring that such acts are also criminalized in the State where they took
place. Such conditions should be removed urgently to tackle impunity of perpetrators.
Protect boys in institutional, street and labour settings
• Enact legislation to protect children from abuse in government and NGO institutions,
including remand homes and prisons, schools, formal and informal labour settings and
on the street.
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