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<strong>Child</strong> PornograPhy First report oF the Dutch NatioNal rapporteur
2.3 The significance of the Lanzarote Convention
The Lanzarote Convention was ratified on 1 March 2010 and entered into force in the Netherlands on 1
July 2010. 63 The Ministers for Justice, Youth and Families and Foreign Affairs signed the Act to indicate
that the protection of the child from sexual violence can not only be the responsibility of a single ministry.
The Explanatory Memorandum 64 opened with the sentence, “Opgroeiende kinderen verdienen ons aller bescherming”
[<strong>Child</strong>ren who are growing up deserve to be protected by us all]. According to the Explanatory
Memorandum, the Convention aims to protect children from sexual abuse in broad terms, and covers a
large number of topics that relate to this protection. The material behaviours that constitute an offence
are all stated within the scope of the same principles. Therefore, this means that the provisions relating
to criminal offences and sanctions, preventive and protective measures, procedural stipulations,
intervention measures and measures that relate to co-ordination and international co-operation not
only relate to sexual abuse as such, but also apply to the issue of combating child pornography. Article
10 of the Convention also obliges parties to bear responsibility for co-ordination between the various
institutions that are responsible for preventing and combating the sexual exploitation and sexual
abuse of children. Amongst others, such co-ordination lies within the responsibility of the Ministry
of Justice and the programme ministry for Youth and Families. 65 It will also become apparent from
the chapters below that these ministries have also developed the greatest number of initiatives. The
Explanatory Memorandum also lists a number of these initiatives, such as the <strong>Child</strong> Abuse Reporting
and Counselling Centres 66 and the Action Plan to Tackle <strong>Child</strong> Abuse. 67 Nevertheless, in order to achieve
success in combating child abuse, efforts are required on the part of all the authorities, institutions
and professionals involved, as well as close co-operation, which also needs to extend to the tackling
of child pornography. 68
Such co-operation is necessary, but a first step towards this involves creating awareness. Not all ministries
feel a sense of responsibility for tackling child pornography, for example. This becomes apparent
from the response of the programme minister for Youth and Families at the time (responsible for the
RAAK [Reflection and Action Group to Tackle <strong>Child</strong> Abuse]) to questions regarding child pornography
from Member of Parliament Verdonk. 69 He writes that whenever people from a child’s circle of family,
friends and professionals observe signs or suspect that a child is a victim of child pornography, they
can of course report this to the <strong>Child</strong> Abuse Reporting and Counselling Centre, 70 whereby the standard
course of action may then be pursued, which may include the involvement of the <strong>Child</strong> Care and
Protection Board and the police. He continues by stating that the task of tackling child pornography
does, however, necessitate a specific programme of measures. Due to the emphasis placed on detect-
63 Treaty Series, 2010, 156.
64 Parliamentary Papers II 2008/09, 31 808, no.3, p.1.
65 Parliamentary Papers II 2008/09, 31 808, no.3, p.7.; now the Ministry of Security and Justice, and the
Ministry of Health, Welfare and Sport.
66 BNRM has investigated the ‘digital antenna’ of the <strong>Child</strong> Abuse Counselling and Reporting Centres; see
§3.3.2.3
67 See §2.5.2 for a description of this Action plan.
68 Parliamentary Papers II 2008/09, 31 808, no. 3, p.7.
69 Ms. Verdonk asked questions about combating child pornography and whether or not child pornography
is a form of child abuse.
70 See §3.3.2.3 for identifying reports by the <strong>Child</strong> Abuse Counselling and Reporting Centre.