Article 34: Sexual exploitation

Convention text

The countries that have signed the Convention must protect children from all forms of sexual exploitation and sexual abuse. For this purpose, they must take all necessary national and international measures to prevent that:

  1. a child is encouraged or forced to take part in unlawful sexual activities;
  2. children are exploited in prostitution or other unlawful sexual practices;
  3. children are exploited in pornographic performances or pornographic materials.

Key point

Children must be protected from sexual exploitation and sexual abuse.

Explanation

Sexual exploitation means making someone do sexual things in order to make money from them. Sexual abuse means touching someone sexually against their will, while taking advantage of who you are, for example because you are older or stronger, or because you have more power. There is then an unequal relationship.

In the case of children, sexual abuse can take different forms. Abuse may happen within the family (incest). A family friend, someone the child knows or a teacher may also abuse a child. This is not always sexual exploitation, because that means that someone makes money from the sexual abuse of the child. For example, an adult may pay money to sexually abuse a child. Sexual exploitation can happen in different ways:

  • paying for sex with a child (child prostitution);
  • trafficking in children for sexual purposes;
  • going on holiday with the purpose of having sex with children (child sex tourism);
  • making children take part in sexual acts in films or photographs (child pornography).

The government must do everything possible to protect children from all forms of sexual abuse. Children who have been abused or exploited often suffer the effects for the rest of their lives. These harmful effects may be physical, mental and emotional. That is why victims of sexual abuse must receive good care and support. Adults who have sex with children must also be punished.

Adults may not have sex with children under the age of 12. In the case of children aged between 12 and 16, whether it is allowed depends on the situation, for example the age difference. If an adult who has just turned 18 has sex with a child who is nearly 16, this is different from a 25-year-old adult having sex with a 15-year-old child. From the age of 16, sex with an adult is allowed, but only if both agree to it.