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  A/RES/54/263 of 25 May 2000
entered into force on 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 pornography,
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 of 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
pornography,
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 sexually
exploited,
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 (Vienna, 1999) and, 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 of children,
Believing that efforts to raise public awareness are needed to reduce consumer demand for the
sale of children, child prostitution and child pornography, and also believing in the importance of
strengthening global partnership among all actors and of improving law enforcement at the national level, -2-
Noting the provisions of international legal instruments relevant to the protection of children,
including the Hague Convention on the Protection of Children and Cooperation with Respect to
Inter-Country 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 at 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:
Article 1
States Parties shall prohibit the sale of children, child prostitution and child pornography as
provided for by the present Protocol.
Article 2
For the purpose 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.
Article 3
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 these 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:
(i) The offering, delivering or accepting, by whatever means, a child for the purpose of:
a. Sexual exploitation of the child;
b. Transfer of organs of the child for profit;
c. Engagement of the child in forced labour;
(ii) Improperly inducing consent, as an intermediary, for the adoption of a child in
violation of applicable international legal instruments on adoption;
(b) Offering, obtaining, procuring or providing a child for child prostitution, as defined in article
2;
(c) Producing, distributing, disseminating, importing, exporting, offering, selling or possessing
for the above purposes child pornography as defined in article 2.
2. Subject to the provisions of a State Party=s national law, the same shall apply to an attempt to
commit any of these acts and to complicity or participation in any of these acts.
3. Each State Party shall make these 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, this 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
instruments.
Article 4
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 committed 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;
(b) When the victim is a national of that State.
3. Each State Party shall also take such measures as may be necessary to establish its jurisdiction
over the above-mentioned 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.
4. This Protocol does not exclude any criminal jurisdiction exercised in accordance with internal
law.
Article 5
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 those 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 this
Protocol as 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 if 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.
Article 6
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 the
proceedings.
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.
Article 7
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;
(ii) Proceeds derived from such offences;
(b) Execute requests from another State Party for seizure or confiscation of goods or
proceeds referred to in subparagraph (a) (i);
(c) Take measures aimed at closing, on a temporary or definitive basis, premises used to
commit such offences.
Article 8
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;
(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.
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 victim.
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
present Protocol.
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 as prejudicial to or inconsistent with the rights of
the accused to a fair and impartial trial.
Article 9
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 these practices.
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.
Article 10
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.
Article 11
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.
Article 12
1. Each State Party shall submit, within two years following the entry into force of the Protocol for
that State Party, 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 Protocol.
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 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 this Protocol.
Article 13
1. The present Protocol is open for signature by any State that is a party to the Convention or has
signed it.
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.
Article 14
1. The present Protocol shall enter into force three months after the deposit of the tenth instrumentof ratification or accession.
2. For each State ratifying the present Protocol or acceding to it after its entry into force, the present
Protocol shall enter into force one month after the date of the deposit of its own instrument of ratificationor accession.
（the Protocol has been signed by 89 countries and ratified by 16. 18 January，2002）
Article 15
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 of the United Nations.
2. Such a denunciation shall not have the effect of releasing the State Party from its obligations under
this 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 prior to the date on which the denunciation
becomes effective.
Article 16
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 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 of the United Nations 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 that they have accepted.
Article 17
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.










Declarations and Reservations
(Unless otherwise indicated, the declaraitons and reservations were made upon ratification or accession.)

Belgium1
Upon signature:
Declaration:
This signature is equally binding on the French community, the Flemish community and the German-speaking community.
Sweden
Upon signature:
Declaration:
"Reference is made to earlier statements submitted by the EU in connection with the Working group’s ad-referendum adoption of the Optional Protocol on 4 February 2000 and the national statement submitted by Sweden at the same occasion as well as the Swedish statement submitted in connection with the adoption of the Protocol by the General Assembly on 25 May 2000. Furthermore Sweden interprets the words ’any representation’ in article 2 c) as ’visual representation’ ".
 

NOTES

1. For the Kingdom of Belgium.