Facultative Protocols to the Convention on the Rights of the ChildThe Convention for the Rights of the Child as of 25 May, 2000 has two facultative protocols. The first, the Facultative Protocol on the Participation of Children in Armed Conflict, puts up the minimum age from 15 to 18 for a child to participate directly in hostilities or to be called up to serve in the Armed Forces. The second, is the Facultative Protocol on the Sale of Children, Child Prostitution and the Utilization of Children in Pornography, expressly prohibiting child sale, prostitution and pornography. The Convention on the Rights of the Child (CRC), from its approval in 1989, has been a primordial legal reference for the defence and protection of human rights of the child. While historically constituting the widest ranging Convention, it required complementation to be able to address various problems gravely affecting children's rights: the participaction of children in armed conflict, sale of children, child prostitution, and child pornography. In this way, two facultative protocols were added to the Convention as approved by the U.N. General Assembly on 25 May, 2000: the Facultative Protocol relating to the Participation of Children in Armed Conflict, and the Facultative Protocol relating to the Sale of Children, Child Prostitution, and the Utilization of Children in Pornography. The Facultative Protocols are open for signature by all those States who previously ratified or signed the CRC. Ratification or signature are not obligatory, as Protocols have a facultative or optional character. Once ratified, however, they constitute legal linking instruments, signifying they must be applied. Up to January 10, 2003, 42 States ratified the Facultative Protocol relating to the Sale of Children, Child Prostitution and the Utilization of Children in Pornography, and 72 have signed it. The Facultative Protocol relating to the Participation of Children in Armed Conflict has been ratified by 43 States and signed by 71. Facultative Protocol relating to the Participation of Children in Armed Conflict Children do not only suffer the consequences of armed conflict as victims, but also as principal actors during hostilities. It is estimated that there are 300,000 children now actively participating in armed conflict as messengers, servants, mine removers, figureheads …, and also as soldiers. Girls, in addition are likely to become victims of sexual slavery. Article 38 of the CRC calls on States to adopt "all possible measures to ensure the protection and care of children affected by armed conflict". But the article establishes the age of 15 as the minimum age for recruitment by the Armed Forces of the States which have ratified the Convention. It is the only article in the whole Convention which establishes an age limit under 18 years old. The Facultative Protocol relating to Child Participation in Armed Conflict, in force since 12 February 2002, brings the minimum age up to 18 for a child to directly participate in hostilities or to be called up to serve in the Armed Forces as an obligation. With relation to voluntary recruitment, the protocol foresees the obligation of each State, at the moment of ratification or adhesion to the Protocol, to present a declaration establishing the minimum age for this kind of recruitment by the national Armed Forces. The Protocol also establishes that armed groups that do not form part of the national Armed Forces cannot, under any circumstances, recruit children aged under 18. Facultative Protocol relating to the Sale of Children, Child Prostitution, and the Utilization of Children in Pornography Precise data of the number of child and adolescent victims of sexual abuse and exploitation are not available. However, it is clear that owing to the inter-State character of these crimes, they constitute a problem affecting the international community. The CRC in various articles establishes a legal protection framework. For example, Article 34 calls on States to protect children from "all forms of sexual exploitation and abuse". Article 39 concerns the right to psychological recuperation and social integration of child victims of sexual abuse and exploitation. Article 35 refers to the protection of children against kidnapping, their sale and child slavery. However, more specific mechanisms have become necessary. This Facultative Protocol relating in force since 18 February 2002, expressly forbids the sale and prostitution of children or their utilization in pornography. Its ratification obliges States to adopt preventive measures and to establish laws punishing these crimes "with penalties in accordance with their severity". With respect to child victims, Article 8 establishes mechanisms to protect their rights. States must adopt "adequate measures" to do this during all stages of the penal process. It also affirms that States must "guarantee that in treatment by penal justice of the crimes enunciated in the Protocol, the primordial consideration is that of the superior interest of the child". The Protocol, owing to the cross-frontier character of this kind of crime, also underlines the need to encourage international cooperation "so as to fight against the fundamental factors, such as poverty and underdevelopment, which contribute to the vulnerability of children with relation to the practices of sale of children, child prostitution, and sexual tourism" (Article 10).
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