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Splintered Lives - Barnardo's

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PAGE 76<br />

chapter<br />

13<br />

Gaps in Legislation, Policy and Practice<br />

The Council of Europe (1991) document offers a basic outline of what is needed. We<br />

produce it in summary form here and note further additions. The outline begins from<br />

the need for best practice in relation to children giving evidence about sexual abuse in<br />

court to be extended to all sexual exploitation cases. These include: confidentiality in<br />

legal processes; special conditions for giving testimony; access to compensation; and<br />

provision for seizure and confiscation of proceeds from offenses.<br />

They then make the following specific recommendations.<br />

Child pornography:<br />

�� appropriate sanctions, penal sentences for possession;<br />

�� improved detection where two or more countries are involved;<br />

�� public access to information about current prosecutions.<br />

Child prostitution:<br />

�� making resources available to track those involved, including mobile welfare<br />

units24;<br />

�� identifying and sanctioning those who foster or encourage and<br />

customers;<br />

�� special units within the police;<br />

�� dissuade travel agencies from promoting sex<br />

tourism;<br />

�� vocational and reintegration schemes for children and young<br />

people.<br />

Supervision of agencies which might be involved in trafficking is also called for<br />

including artistic, marriage, and adoption agencies. Measures against trafficking also<br />

include recommendations for immigration and frontier checks of children, where they<br />

are not accompanied by parent or guardian (here we would need to ensure that such<br />

powers are not used to reinforce racist enforcement practices). These would be backed<br />

up by the provision of a service for children/young people who have been trafficked<br />

with range of options available to them, since there may be no safe context to return<br />

them to in their country of origin or they may not wish to return. Particular measures<br />

which would enable their residence to be legalised and provisions for education, social<br />

and health support need to be in place.<br />

…………………………………………………………………………………………………………………………………………………………..<br />

24. The wording of this point in the document refers to 'inspections', 'surveillance' and 'control' of areas, an approach which we<br />

regard as problematic, and unlikely to be perceived as helpful by young people themselves.

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