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Splintered Lives - Barnardo's

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The COE also supports moves to make nationals responsible for criminal acts<br />

committed outside respective countries:<br />

"extraterritorial jurisdiction in order to allow the prosecution and punishment of<br />

nationals who have committed offenses concerning sexual exploitation of children<br />

outside the national territory" (p6).<br />

Increased information exchange through Interpol is suggested in order to identify<br />

offenders and organisers, especially in relation to trafficking. This is echoed by Groner<br />

(1993) who argues for a Europol/lnterpol clearing house.<br />

Neither the COE or UN documents note the importance of tracking and destroying child<br />

pornography following a conviction; yet this would constitute an element of justice for<br />

children and young people who have to live with the knowledge of the existence of<br />

records of their abuse.<br />

At the Brussels seminar participants were made aware of an ongoing debate within the<br />

UN about whether an optional protocol on sexual exploitation should be developed<br />

which would be linked to the Convention on the Rights of Child, Reflecting on the issues<br />

subsequently we are of the opinion that unless such a protocol adds significantly to<br />

what is already within the convention, and is legally binding, this is likely to be a waste<br />

of resources and energy. International and, for many countries, national law already<br />

exists; the problem lies in enforcement and political will. The telling points made in 'the<br />

discussion for us were: the money that would be spent enabling the drafting of a<br />

protocol versus the need to properly resource the special rapporteur; that time spent<br />

working up the proposal may well become time of inaction; and the fact that there are<br />

already 60 pages of international decisions directly pertaining to this issue.<br />

Other issues which have implications for a children's rights framework, which we have<br />

not already addressed are discussed below (in no order of importance).<br />

Questions about pornography and prostitution not being key issues in either child<br />

protection practice or that of agencies which provide support, advice, housing and<br />

advocacy for young people. Workers need education and training so that these issues<br />

become areas of knowledge and confidence. This will need to include challenging<br />

stereotypes about 'sex work', and understanding complex processes and meanings,<br />

especially for young people, where prostitution can appear to them the best of<br />

few/minimal choices, a form of power and control.<br />

Discussion of the policy within some fostering and adoption agencies of not telling<br />

carers about the level, forms and scale of abuse children have experienced. Where vital<br />

information is withheld carers can make unintended errors of judgement regarding<br />

everyday unquestioned behaviour involving, for example, cameras, gifts etc, which<br />

have complicated meanings for children which they are unaware of.<br />

PAGE 77<br />

chapter<br />

13

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