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The government agenda
terms of evidence. However, this was not necessarily only due to the legislation; the increased
severity of the material, the increase in the number of methods of detection, the prioritisation
of the Implementation Provisions concerning child pornography [Aanwijzing kinderpornografie]
and the changing social views could also have played a role. Individuals who possess child abuse
material were easier to detect than individuals who produce such material – the latter group was
hardly addressed, despite being made a priority by the Public Prosecution Service. The viewing
of child abuse images without possessing images did not fall within the description of the
offence. 58
Lanzarote Convention
In 2007, new legislation came into effect within the Council of Europe in Strasbourg for the protection
of children against sexual exploitation, sexual abuse and child pornography. Ratification of the – final –
Lanzarote Convention 59 – led to a number of legislative amendments, including those relating to the
criminalisation of child pornography, see §1.3. For further details relating to the significance of this
Convention for policy, see §2.3 below.
Rio de Janeiro
From 25 to 28 November 2008, the third World Congress against Commercial Sexual Exploitation of
<strong>Child</strong>ren took place in Rio de Janeiro. Representatives from the Ministry of Foreign Affairs, including the
Ambassador for Human Rights, and from the Ministry of Justice took part in this, and the Netherlands
used this opportunity to present the preventive measures that it had taken both nationally and internationally
in that area. The Netherlands also emphasised the necessity for interdisciplinary and inter-sector
collaborations. 60 The world congress resulted in the Rio de Janeiro Pact against commercial exploitation
of children. In addition to various NGOs, more than 125 countries were involved in the realisation of the
Rio de Janeiro Pact.
Interim state of affairs
The preceding brief outline of developments over the past decades illustrates the fact that the tackling
of child pornography is almost entirely regarded as a task that falls within the remit of the police and
the judicial authorities. These developments also illustrate the fact that the process of tackling this
issue got off to a relatively slow start. Various memoranda and policy texts concluded that co-operation
between the departments, and between departments and non-governmental and international
organisations, 61 was necessary, in addition to the establishment of a programme of measures involving
a number of co-operating organisations 62 and the stimulation of regional co-operation (NAPS). In
the coming chapters, the extent to which this has been achieved will be indicated and we will discuss
whether the responsibility for tackling child pornography is still primarily perceived as a responsibility
of judicial partners alone.
58 Lünnemann et al., 2006, pp.154-165.
59 Convention on the Protection of <strong>Child</strong>ren against Sexual Exploitation and Sexual Abuse, Lanzarote
Convention, 25 October 2007, Treaty Series 2008, 58.
60 Report on human rights, 2008, see also Parliamentary Papers II 2008/09, 31 700 V, no. 19.
61 Parliamentary Papers II 1998/99, 26 690, no.2.
62 Parliamentary Papers II 2002/03, Appendix 3704.
99