A global problem requires truly global solutions to address the sexual exploitation of children.
Since our inception in the 1990s, the global ECPAT network has played a fundamental role in monitoring the actions taken by countries around the world towards ending the sexual exploitation of children.
We commend progress where we see it, and prioritise our advocacy and lobbying where we see inertia. The ECPAT Global Progress Indicators are carefully defined, measurable aspects of any national response towards protecting children.
They provide practical guidance for prevention and responses of the sexual exploitation of children.
A detailed rationale for each indicator as well as a brief description of how assessment was made for each country can be found below. We encourage you to reach out and contact us should movement have been seen in your country so we can update assessments and highlight country progress.
The age of sexual consent for both males and females is 18 and a close in age exemption (up to 3 years) is provided for consensual sexual relationships between adolescents.
The age of sexual consent is the legally defined age at which a person is considered mature enough to agree to sexual activity. The age of sexual consent varies across jurisdictions around the world and there is no international legal instrument establishing it, however various forms of advocacy have encouraged States to establish a minimum age under which engaging in sexual contact is considered a criminal offence. This is intended to prevent sexual contact with children and to prevent argument that the child consented as a defence.
Often national provisions related to the age of sexual consent include an exception, known as a close-in-age exemption, making consensual sexual activities between young people lawful if the partners are of similar ages and the age difference is not higher than a certain number of years.
To ensure that cases of child sexual exploitation do not go unpunished, ECPAT advocates for the age of sexual consent to be set at 18 for both males and females with a close-in-age exemption of 2-3 years provided in order to ensure young people are not penalised for consensual sexual acts with peers. The age from which the exemption applies should be established by States but may begin for young people somewhere between 12 and 16 years of age.
Yes The national legislation explicitly indicates that the age of sexual consent unequivocally is 18 for both males and females, with a close-in-age exemption for sexual acts between peers (of up to 3 years) is provided by law.
Partially
The national legislation explicitly indicates that the age of sexual consent unequivocally is 18 for both males and females but a close-in-age exemption is not provided for; OR
The national legislation establishes an age of sexual consent, but it is below 18 (but equal to/above 16) for both males and females. A close-in-age exemption may or may not have been provided for.
No The national legislation only establishes age of sexual consent for e.g. females. The age of sexual consent is set at an age below 16.
The country has appropriate extraterritoriality and extradition provisions for sexual exploitation of children crimes.
Extraterritorial jurisdiction refers to a State’s ability to exercise authority beyond its territorial limits. Extradition provisions allow for an offender to be returned by the State where the offender is found to the country where an offence was committed to face prosecution and/or punishment.
Effective extraterritorial legislation and extradition mechanisms are particularly important considering sexual exploitation of children sometimes includes transnational offending. For examples cases occur in the context of travel and tourism where the offenders’ country of origin differs from the victims’ country of origin. Offences may even occur in a third country that neither offender nor victim are from. Child sex offenders in the context of travel and tourism tend to choose destinations known for their lenient laws. Strong legal frameworks that include extraterritoriality and extradition mechanisms can deter offending, as well as reduce impunity for offenders by facilitating swift law enforcement and legal processes that bring them to justice for their crimes.
Many countries have a system in place to prosecute sexual offences involving children committed abroad by a citizen or against a national victim however, this is not always the case. In addition, exercising extraterritoriality jurisdiction and extradition procedures are often hampered by legal obstacles. Specifically, in many countries double criminality[1] is required to prosecute sexual offences against children occurring abroad or to grant the request of extradition. The need for consistent legal frameworks for sexual exploitation of children is therefore crucial.
[1] According to the double criminality requirement, the offence must be prohibited both in the perpetrator’s country of origin and in the country where the offence was committed. Double criminality is often required for certain sexual offences against children. This means that extradition can only take place if the offence for which the person is sought by the requesting State is also punishable under the law of the requested State. It is recommended that countries adopt legislation that enables them to establish and exercise extraterritorial jurisdiction without the criterion of double criminality.
Yes
The national legislation explicitly provides for both active [1] and passive [2] extraterritoriality for all offences of sexual exploitation of children covered by the legislation of the concerned State. Extradition is possible for SEC offences. The principle of double criminality does not apply to SEC offences for both extraterritoriality and extradition provisions.
[1] jurisdiction over offences committed by a State’s nationals, even with respect to events occurring entirely abroad
[2] jurisdiction over offences committed against a State’s nationals by whomsoever committed, even with respect to events occurring entirely abroad
Partially
The applicability of (passive and active) extraterritoriality and extradition provisions are limited in their scope. For example, extraterritoriality is applicable only for certain of the offences related to sexual exploitation of children or does not cover perpetrators having their habitual residence); or the provisions are applicable but depending on certain conditions (e.g. passive jurisdiction but the offender must be found on the State’s territory).
The principle of double criminality does not apply to either or both extraterritoriality and extradition provisions.
No
The principle of double criminality applies to either extraterritoriality and extradition provisions for SEC offences.
Extraterritoriality provisions – both in terms of active or passive jurisdiction – do not apply to any offences related to sexual exploitation of children. Extradition is not permitted for offences related to sexual exploitation of children.
The definition of child sexual abuse material is in line with international standards.
The term ‘child sexual abuse material’ (CSAM) is increasingly being used to replace the older term ‘child pornography’ used in the main legal instruments. The older term is misleading and undermines the gravity of these crimes. Its use suggests that images of child sexual abuse are just another form of pornography, and distracts from the fact that they are actually images of a serious crime. To be fully comprehensive, the definition of child sexual abuse material should:
Yes The national legislation includes a definition of child sexual abuse materials which meets all the criteria listed above.
Partially The national legislation defines child sexual abuse materials in line with Article 2 (c) of the OPSC but the three additional criteria listed above are not met. The principle of double criminality does not apply to either or both extraterritoriality and extradition provisions.
No The national legislation is not in line with Article 2 (c) of the OPSC. For example, no definition is provided and/or legislation only refers to generic material of “obscene nature/immoral”.
Criminal background checks are strict requirements for national and non-nationals working in direct contact with children.
Criminal background checks are an important tool to prevent convicted child sex offenders from working in close contact with children. The criminal background checks should be required by law for every national and non-national individual working in positions that involve or facilitate direct contact with children as a requirement of their job, in both public and private settings.
Furthermore, it is encouraged that legislation specifically prohibits individuals convicted of sexual offences (especially those involving children) from holding paid or voluntary positions that involve or facilitate direct contact with children.
Yes The national legislation includes provisions which mandate that the criminal background is checked for every national or non-national applying for work with or for children or who is currently working with or for children, including staff, consultants and volunteers. The national legislation may also prohibit convicted sex offenders to hold positions in both public and private settings involving or facilitating direct contact with children.
Partially The national subsidiary legislation includes non-mandatory provisions for the criminal background checks, or they are limited in scope for example only for nationals or non-nationals; or only for staff (not including consultants of volunteers) or only in public or private settings. The national legislation may also prohibit convicted sex offenders to hold positions in both public and private settings involving or facilitating direct contact with children.
No The national – primary or subsidiary – legislation/policies do not include provisions which mandate nor include non-mandatory provisions for criminal background checks. Convicted sex offenders are not prohibited to hold positions involving or facilitating direct contract with children.
National commitments made to regional and international conventions relevant to addressing sexual exploitation of children.
In regards to ensuring States have legal and policy frameworks that fully and comprehensively address the range of relevant aspects of SEC, the following international and regional legal instruments shall be ratified and implemented as they constitute comprehensive legal tools for protecting children from sexual abuse and exploitation:
While the following two conventions are regional commitments for member States of the Council of Europe, the guidance they provide is highly relevant to SEC and thus we include assessments of all countries against them for this indicator. While it may not be required for States outside this region to comply with these conventions, they are a useful measure of national legal frameworks related to SEC and they are open for accession by States which are not members of the Council of Europe.
For member states of the African Union, reference should also be made to the ratification of:
Yes The country has ratified all legal instruments listed above (including the two Council of Europe’s conventions and the African Union’s conventions for Member States of the African Union).
Partially The country has ratified the CRC, the OPSC, the Trafficking Protocol and the ILO Convention No. 182.
No The country has not ratified one or more instruments among the CRC, the OPSC, the Trafficking Protocol and the ILO Convention.
At least one Child Advocacy Centre has been established and is functioning in the country.
A Child Advocacy Center primarily aims to reduce the re-traumatisation of children by limiting how many times they have to speak about their traumatic experience by coordinating the professionals who may need to have contact with the child – rather than the child having to go through multiple processes, and all using consistent approaches that meet evidentiary requirements. Following this approach has proven to deliver more consistent and accurate statements and information from children that are useful in the criminal justice process. A key element of the model is to coordinate parallel judicial proceedings and child welfare investigations while ensuring support for the victim lasting throughout the process.
Furthermore, it aims to stop the cycle of poverty and re-trafficking by offering education and vocational training in addition to counselling and mental health services to address the full spectrum of needs for trafficked and exploited children. The further strength of the CAC model is that it can also enable partnership with foreign and local law enforcement, governmental agencies and local entities and individuals involved in the protection of child victims, such as NGOs and frontline service providers. The model also employs a multidisciplinary team approach, which helps to ensure that best practice and specialised care is provided by all involved with the child. The cooperation fostered between the local multidisciplinary teams and law enforcement officials who are based in the centres also creates trust and collaboration
Yes At least one Child Advocacy Centre exists and functions in the country.
Partially
The establishment of a Child Advocacy Centre is underway; OR
Existing Child Advocacy Centres are not currently functioning.
No There is no Child Advocacy Centre in the country.
Existence of dedicated national police units that include sexual exploitation of children crimes in their mandate within both national and extraterritorial jurisdictions.
Additional to strong legal framework, policing of these laws is also needed. States must establish and fund dedicated police units that specifically include in their mandate to investigate crimes of child sexual exploitation occurring within both national and extra-territorial jurisdictions. These units should not only be established but also be appropriately resourced both financially and in terms of adequate human resources.
Yes National police units that include sexual exploitation of children in their mandate exist and function effectively. Dedicated allocation of budget is made. Both offences under national and extra-territorial jurisdictions are able to be addressed by these units.
Partially
National law enforcement units that include sexual exploitation of children in their mandate exist but may not be fully functional. In addition:
– Either national or extra-territorial jurisdiction is covered by these units, but not both; OR
– It is unclear whether these units address both offences under national and extra-territorial jurisdictions.
No The country does not have national law enforcement units that specifically include sexual exploitation of children in their mandate.
Existence of child protection standards for the travel and tourism industry.
Businesses in the travel and tourism industry are in a unique position to identify the most vulnerable and to prevent the crime of sexual exploitation of children along with its online elements. Beyond moral imperative, there is a need for clear legal obligation for business to take an active role in eradicating this crime, along with intergovernmental bodies, national governments and civil society organizations.
Yes The national primary legislation includes binding requirements for travel and tourism businesses encompassing child protection from sexual exploitation. These can include industry-specific standards based on compliance with national codes for child protection or sustainability standards and certification mechanisms that include child protection, as a legal requirement for private travel and tourism businesses to operate in the country.
Partially The national subsidiary legislation/policies include industry specific non-binding requirements for travel and tourism businesses encompassing child protection from sexual exploitation. These can include industry specific standards based on voluntary compliance with national codes for child protection or sustainability standards and certification mechanisms that include child protection, including as members of The Code of Conduct for child protection in the context of travel and tourism (the Code).
No The country does not have national legislation nor subsidiary legislation/policies nor codes regulating child protection from sexual exploitation by travel and tourism businesses.
National data sets made public by government about sexual exploitation of children include information about reported cases, prosecuted cases and compensation sought by victims.
The existence and availability of national level data about the sexual exploitation of children is needed to effectively direct national efforts to address the sexual exploitation of children. This data may inform prevention efforts, legal and policy development for the punishment of perpetrators and the provision of quality support services (and financial aid) for children who have experienced sexual exploitation.
At the minimum, data should be disaggregated by age of the victims (children/adults but also different age ranges among child victims) and the perpetrators, gender, nationality of the victim and the perpetrators, type of abuse/exploitation.
Yes National level data about reported, prosecuted cases of SEC, and compensation sought by victims is regularly made publicly available This data is disaggregated into categories for age, gender, nationality, types of abuse/exploitation and victim/offender.
Partially National level data about reported, prosecuted cases of SEC, and compensation sought by victims is publicly available, but no clear commitment to do so regularly, and not clearly disaggregated into categories for age, gender, nationality, types of abuse/exploitation and victim/offender.
No National level data about reported, prosecuted cases of SEC, and compensation sought by victims is not publicly available.