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PROTECTION OF CHILDREN AGAINST SEXUAL ABUSE WITHIN CIRCLE OF TRUST: COMPARATIVE ANALYSIS TO INTEGRATE NATIONAL AND INTERNATIONAL LAW POLICIES
Abstract
The paper introduces the preliminary findings of the project that explores current state of affairs regarding national legislations and relevant agencies' activities with respect to investigating the child sexual abuse as a crime and combating it. The goal of the research is to map basic fields where countries might face challenges regarding the criminalization of child sexual abuse within the circle of trust and draft preliminary recommendations to enforce international activities to prevent the crime under study. The research has been conducted within the comparative paradigm framework, with the functional comparative method being the mainstream. The research included the analysis of data, provided by the official Lanzarote Committee site and Member States' replies to the items of Thematic Questionnaire on the child sexual abuse issues, in particular. The paper strives to outline trends in national legislations regarding the consideration and criminalization of illegal sexual activities with minors and child's sexual abuse. The differences and particular features in national legislations across countries are revealed regarding the concept of illegal sexual activities with the child, list of the members of the circle of trust in national laws, problems arising from varied legal age for sexual activities, national legal specifics with respect to punishment for the criminal offence under study and possible approaches to aggravating circumstances classification. Special emphasis is laid on the data collection issues.
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References12
Directive 2011/92/EU On combating the sexual abuse and sexual exploitation of children and child pornography http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32011L0093
Convention On Protection of Children against Sexual Exploitation and sexual abuse. http://www.coe.int/t/dghl/standardsetting/children/Text_Convention_en.asp
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Committee of the Parties to the Convention on the protection of children against sexual exploitation and sexual Abuse (t-ES). http://www.coe.int/t/dghl/standardsetting/children/Committee_en.asp
Compilation of Replies to Question 1 of the Thematic Questionnaire. Data on sexual abuse in the circle of trust (2014). http://www.coe.int/t/dghl/standardsetting/children/T-ES(2014)22_bil_CompilationRepliesQuestion1TQ.pdf
Compilation of Replies to Question 10 of the Thematic Questionnaire” The offence of sexual abuse”(2014). http://www.coe.int/t/dghl/standardsetting/children/T-ES(2014)13_bil_rev1_RepliesQuestion10TQAnd16GOQOnArticle18.pdf
Compilation of Replies to Question 12 of the Thematic Questionnaire “Aggravating Circumstances”. http://www.coe.int/t/dghl/standardsetting/children/T-ES(2014)24_bil_CompilationRepliesQuestion12TQ.pdf
The Criminal Code of the Russian Federation. http://www.russian-criminal-code.com/
Compilation of Replies to Question 9a of the Thematic Questionnaire “Legal safeguards to assist and protect the victim”.http://www.coe.int/t/dghl/standardsetting/children/T-ES(2014)23_bil_CompilationRepliesQuestion9aTQ.pdf
Compilation of Replies to Question 14 of the Thematic Questionnaire “Child friendly justice”. http://www.coe.int/t/dghl/standardsetting/children/T-ES(2014)26_bil_CompilationRepliesQuestion14TQ.pdf
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