A/RES/63/241
Children of persons alleged to have infringed or recognized as having infringed
penal law
47. Also calls upon all States to give attention to the impact of parental
detention and imprisonment on children and, in particular:
(a) To give priority consideration to non-custodial measures when
sentencing or deciding on pretrial measures for a child’s sole or primary caretaker,
subject to the need to protect the public and the child, and bearing in mind the
gravity of the offence;
(b) To identify and promote good practices in relation to the needs and
physical, emotional, social and psychological development of babies and children
affected by parental detention and imprisonment;
Prevention and eradication of the sale of children, child prostitution and
child pornography
48. Welcomes the extension of the mandate of the Special Rapporteur on the
sale of children, child prostitution and child pornography by the Human Rights
Council;
49. Also welcomes the convening of the World Congresses against Sexual
Exploitation of Children and Adolescents, including the Third World Congress, held
from 25 to 28 November 2008 in Rio de Janeiro, Brazil, aimed at stimulating debate
and mobilizing the efforts of the international community to eradicate the sexual
exploitation of children and adolescents;
50. Expresses deep concern about the persistence of the practices of the sale of
children, child slavery, commercial sexual exploitation of children, child prostitution
and child pornography in many parts of the world, and calls upon all States:
(a) To criminalize and penalize effectively all forms of sexual exploitation
and sexual abuse of children, including all acts of paedophilia, including within the
family or for commercial purposes, child pornography and child prostitution, child
sex tourism, trafficking in children, the sale of children and the use of the Internet
and other information and communications technologies for these purposes, and to
take effective measures against the criminalization of children who are victims of
exploitation;
(b) To ensure the prosecution and punishment of offenders, whether local or
foreign, by the competent national authorities, either in the country in which the
crime was committed, in the country of which the offender is a national or resident,
in the country of which the victim is a national, or on any other basis permitted
under domestic law, and for these purposes to afford one another the greatest
measure of assistance and the necessary collaboration for prevention, detection,
investigations or criminal or extradition proceedings;
(c) To criminalize and penalize effectively the sale of children, including for
the purposes of transfer of organs of the child for profit, to increase cooperation at
all levels to prevent and dismantle networks trafficking in or selling children and
their organs and, for those States that have not yet done so, to consider signing and
ratifying or acceding to the Protocol to Prevent, Suppress and Punish Trafficking in
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