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<strong>Child</strong> PornograPhy First report oF the Dutch NatioNal rapporteur
the production of pornography or for pornographic performances. It is a short convention that, in a
similar way to the Optional Protocol to the UN Convention on the Rights of the <strong>Child</strong>, not only requires
Member States to put penal or other sanctions in place, but also to take measures to prevent these forms
of child labour, and to provide assistance in these matters. 132 Other relevant conventions to which the
Netherlands is also a signatory are the Convention on Cybercrime (2001) 133 and the Lanzarote Convention
(2007) 134 of the Council of Europe.
Ratification of the Lanzarote Convention gave rise to the introduction of criminal legislation concerning
corruption and grooming (Article 248d and 248e of the Dutch Criminal Code) in the Netherlands.
135 The terms ‘corruption’ and ‘grooming’ are discussed at various points in this report.
Corruption
Article 22 of the Lanzarote Convention stipulates that States must criminalise the act of intentionally
causing a child below the age of consent to witness sexual abuse or sexual activities for
sexual purposes (the corruption of children). 136 The child is not required to participate in the
sexual activities in order to have such an activity constitute an offence (corruption). This penal
provision is new, in comparison with existing international instruments. The aim of this provision
is to protect the child from harmful influences upon their personal and sexual development,
which in particular concern activities that aim to make a child susceptible to sexual exploitation
or sexual abuse. 137
Grooming
Article 23 of the Lanzarote Convention contains an obligation to criminalise making contact with
children for sexual purposes. In the Convention this is understood to mean if an adult contacts
and seduces a child under the age of consent on websites or chat rooms with the ultimate aim of
sexually abusing that minor. 138 The behaviour of the perpetrator must materialise into a proposal
to meet the child followed by a concrete action that aims to make that meeting a reality, according
132 Article 3 and Article 7 of the ILO Convention. Compare with Articles 8 and 9 of the Optional Protocol
on the sale of children, child prostitution and child pornography to the Convention on the Rights of
the <strong>Child</strong> (New York, 25 May 2000), Treaty Series 2001, 63 and 130.
133 Convention on Cybercrime, 2001.
134 Convention on the Protection of <strong>Child</strong>ren Against Sexual Exploitation and Sexual Abuse (Lanzarote
Convention), Lanzarote, 25 October 2007, Treaty Series 2008, 58.
135 These provisions were introduced by law of 26 November 2009, Dutch Bulletin of Acts and Decrees 544
(in force since 1 January 2010).
136 “Each Party shall take the necessary legislative or other measures to criminalise the intentional causing, for sexual purposes,
of a child who has not reached the age set in application of Article 18, paragraph 2, to witness sexual abuse or sexual
activities, even without having to participate.”
137 Parliamentary Papers II 2008/09, 31 810, no.3, p.5.
138 Article 23 is entitled ‘Solicitation of children for sexual purposes’ and reads: “Each Party shall take the
necessary legislative or other measures to criminalise the intentional proposal, through information and communication
technologies, of an adult to meet a child who has not reached the age set in application of Article 18, paragraph 2,
for the purpose of committing any of the offences established in accordance with Article 18, paragraph 1.a, or Article 20,
paragraph 1.a, against him or her, where this proposal has been followed by material acts leading to such a meeting.”