Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

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Argentina

25-09-2003

With reference to article 2, the Argentine Republic would prefer a broader definition of sale of children, as set out in the Inter-American Convention on International Traffic in Minors which Argentina has ratified and which, in its article 2, expressly defines traffic as the abduction, removal or retention, or attempted abduction, removal or retention, of a minor for unlawful purposes or by unlawful means. Therefore, under article 41 of the Convention on the Rights of the Child, this meaning shall continue to apply. For the same reasons, the Argentine Republic believes that the sale of children should be criminalized in all cases and not only in those enumerated in article 3, paragraph 1 (a).
Concerning article 3, the Argentine Republic further states that it has not signed international instruments on the international adoption of minors, has entered a reservation in respect of subparagraphs (b), (c), (d) and (e) of article 21 of the Convention on the Rights of the Child dealing with international adoption, and does not permit international adoption of children domiciled or resident in its jurisdiction.
Concerning article 7, the Argentine Republic construes the term 'confiscation' (confiscación) to mean the seizure of goods and proceeds as part of a sentence or penalty (decomisar).*
* Translator's note: The meaning of the Spanish term "decomisar" is not as broad as the English "seizure". "Decomisar" means "seizure" during the sentencing or penalty phase only. (Seizure as a preventive measure is rendered with "incautación".)

Belarus

23-01-2002

The Republic of Belarus, pursuant to article 3 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, declares that voluntary recruitment of citizens into the armed forces of the Republic of Belarus shall occur upon the attainment by them of 18 years of age.
Admission to a military academy, to which citizens aged 17 years or over, including those who attain 17 years of age during the year in which they are admitted to such an academy, are entitled, in accordance with article 43 of the Act of the Republic of Belarus of 5 November 1992 on Military Obligations and Military Service, shall constitute an exception to the above. Such admission shall not be forced or coerced.
The legislation of the Republic of Belarus guarantees that entry into military service as a cadet at a military academy:
Shall be voluntary;
Shall occur with the informed consent of the person's parents or legal guardians;
Shall occur on condition that such persons are fully informed of the duties involved in military service;
Shall be permitted on condition that such persons provide reliable proof of age prior to acceptance into military service.

Belgium

06-09-2000

This signature is equally binding on the French community, the Flemish community and the German-speaking community.

17-03-2006

The expression 'child pornography' is understood to mean the visual representation of a child participating in real or simulated sexual activities or the visual representation of the sexual parts of a child, when the dominant characteristic is a description for sexual purposes.

China

03-12-2002

1. In accordance with the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and as suggested by the Government of the Hong Kong Special Administrative Region, the application of the Protocol to the Hong Kong Special Administrative Region of the People's Republic of China requires prior enactment of domestic legislation by the Hong Kong Special Administrative Region, and the Protocol shall not apply to the Hong Kong Special Administrative Region of the People's Republic of China until the Government of China notifies otherwise;
2. In accordance with the Basic Law of the Macao Special Administrative Region of the People's Republic of China and as suggested by the Government of the Macao Special Administrative Region, the Protocol shall apply to the Macao Special Administrative Region of the People's Republic of China.

Colombia

11-11-2003

Concerning article 7 of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, Colombia declares that, in accordance with its domestic legal system, it construes the penalty of "confiscation" (confiscación) only as seizure or forfeiture during the penalty phase.

Denmark

24-07-2003

In connection with the deposit of Denmark's instrument of ratification of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography Denmark declares that she interprets the words "any representation"in article 2 (c), of the Protocol to mean "any visual representation". Denmark further declares that the possession of pornographic visual representation of a person, who has completed his or her fifteenth year and who has consented to the said possession, shall not be considered covered by the binding provisions of the Protocol.
With a territorial exclusion in respect of the Faroe Islands and Greenland

07-10-2016

Withdrawal of declaration relating to the territorial exclusion in respact of the Faroe Islands and Greenland.

El Salvador

17-05-2004

The Government of the Republic of El Salvador recognizes the extradiction of nationals on the basis of the second and third clauses of article 28 of the Constitution, which stipulate that "Extradition will be regulated under international treaties; in cases involving Salvadorans, extradition will proceed only if the treaty in question expressly allows it and the treaty has been approved by the respective legislatures of the signatory countries. In any case, the terms of the treaty must include the principle of reciprocity and give Salvadorans all the guarantees with respect to trials and penalties that this Constitution provides. The accused will be extradited if the offence was committed in the territory of the requesting country, unless the offence is international in scope, and in no case for political offences, even though common criminal offences may have occured as a result.

Israel

29-03-2018

The Permanent Mission of Israel to the United Nations presents its compliments to the Secretary-General of the United Nations, in his capacity as depositary of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, dated 25 May 2000, and has the honor to refer to the Palestinian request to accede to this Protocol (Reference number C.N.796.2017.TREATIES-IV.11.c).
‘Palestine’ does not satisfy the criteria for statehood under international law and lacks the legal capacity to join the aforesaid Optional Protocol both under general international law and the terms of bilateral Israeli-Palestinian agreements.
The Government of Israel does not recognize ‘Palestine’ as a State, and wishes to place on record, for the sake of clarity, its position that it does not consider ‘Palestine’ a party to the [Protocol] and regards the Palestinian request for accession as being without legal validity and without effect upon Israel’s treaty relations under the [Protocol].

Kiribati

16-09-2015

… the Republic of Kiribati has no national armed forces, and a declaration as to the minimum age for recruitment is therefore not applicable in the case of the Republic of Kiribati.

Kuwait

26-08-2004

... with a reservation in respect of paragraph 5 of article 3 of the second protocol.

Laos

20-09-2006

The Lao People's Democratic Republic [...] does not consider itself bound by Article 5 (2) of the said Optional Protocol.

Malaysia

12-04-2012

1. The Government of Malaysia declares that the words 'any representation' in article 2 paragraph (c), shall be interpreted to mean 'any visual representation'.
2. The Government of Malaysia understands that article 3 paragraph (1)(a)(ii) of the said Optional Protocol is applicable only to States Parties to the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, done at the Hague on 29 May 1993.

Moldova

12-04-2007

Until the full re-establishment of the territorial integrity of the Republic of Moldova, the provisions of the convention shall be applied only on the territory controlled effectively by the authorities of the Republic of Moldova.

New Zealand

20-09-2011

[...] declares that, consistent with the constitutional status of Tokelau and taking into account
the commitment of the Government of New Zealand to the development of self-government for Tokelau
through an act of self-determination under the Charter of the United Nations, this ratification shall not
extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New
Zealand with the Depositary on the basis of appropriate consultation with that territory; [...]

Oman

17-09-2004

... subject to the Sultanate's reservations to the Convention on the Rights of the Child.

Palestine

18-03-2019

The Permanent Observer of the State of Palestine to the United Nations presents his compliments to the Secretary-General of the United Nations, in his capacity as Depositary, and has the honor to refer to depositary notification C.N.192.2018.TREATIES-IV.11.c, dated 4 April 2018, conveying a communication of the United States of America regarding the accession of the State of Palestine to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, 25 May 2000.
The Government of the State of Palestine regrets the position of the United States of America and wishes to recall the United Nations General Assembly resolution 67/19 of 29 November 2012 according to which Palestine was accorded a ‘Non-member Observer State status in the United Nations’. In this regard, Palestine is a State recognized by the United Nations General Assembly on behalf of the international community.
As a State Party to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, 25 May 2000, which entered into force on 29 January 2018 for the State of Palestine, the State of Palestine will exercise its rights and honor its obligations with respect to all States Parties. The State of Palestine trusts that its rights and obligations will be equally respected by its fellow States Parties.

18-03-2019

The Permanent Observer of the State of Palestine to the United Nations presents his compliments to the Secretary-General of the United Nations, in his capacity as Depositary, and has the honor to refer to depositary notification C.N.178.2018.TREATIES-IV.11.c, dated 4 April 2018, conveying a communication of Israel regarding the accession of the State of Palestine to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, 25 May 2000.
The Government of the State of Palestine regrets the position of Israel and wishes to recall the United Nations General Assembly resolution 67/19 of 29 November 2012 according to which Palestine was accorded a ‘Non-member Observer State status in the United Nations’. In this regard, Palestine is a State recognized by the United Nations General Assembly on behalf of the international community.
As a State Party to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, 25 May 2000, which entered into force on 29 January 2018 for the State of Palestine, the State of Palestine will exercise its rights and honor its obligations with respect to all States Parties. The State of Palestine trusts that its rights and obligations will be equally respected by its fellow States Parties.

Qatar

14-12-2001

... subject to a general reservation regarding any provisions in the protocol that are in conflict with the Islamic Shariah.

Republic of Korea, the

24-09-2004

The Government of the Republic of Korea understands that Article 3(1)(a)(ii) of the aforementioned Protocol is applicable only to States Parties to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague on 29 May 1993.

Sweden

08-09-2000

Reference is made to earlier statements submitted by the EU in connection with the Working group's ad-referendum adoption of the Optional Protocol on 4 February 2000 and the national statement submitted by Sweden at the same occasion as well as the Swedish statement submitted in connection with the adoption of the Protocol by the General Assembly on 25 May 2000. Furthermore Sweden interprets the words 'any representation' in article 2 c) as 'visual representation' .

19-01-2007

... Sweden interprets the word "any representation" in article 2 c) of the Protocol as "visual representation".

Syria

15-05-2003

A reservation is entered to the provisions set forth in article 3, paragraph 5, and article 3, paragraph 1 (a) (ii) of the Optional Protocol on the sale of children, child prostitution and child pornography, which relate to adoption.
Ratification of the two Optional Protocols by the Syrian Arab Republic shall not in any event imply recognition of Israel and shall not lead to entry into any dealings with Israel in the matters governed by the provisions of the Protocols.

Türkiye

19-08-2002

The Republic of Turkey declares that it will implement the provisions of the existing Optional Protocol only to the States Parties which it recognizes and with which it has diplomatic relations.

United Arab Emirates

02-03-2016

... with a reservation regarding article 3, paragraph 5.

United States of America

23-12-2002

To the extent that the domestic law of the United States does not provide for jurisdiction over an offense described in Article 3 (1) of the Protocol if the offense is committed on board a ship or aircraft registered in the United States, the obligation with respect to jurisdiction over that offense shall not apply to the United States until such time as the United States may notify the Secretary-General of the United Nations that United States domestic law is in full conformity with the requirements of Article 4 (1) of the Protocol.
The Senate's advice and consent is subject to the following understandings:
(1) NO ASSUMPTION OF OBLIGATIONS UNDER THE CONVENTION ON THE RIGHTS OF THE CHILD. -The United States understands that the United States assumes no obligations under the Convention on the Rights of the Child by becoming a party to the Protocol.
(2) THE TERM "CHILD PORNOGRAPHY". The United States understands that the term "sale of children" as defined in Article 2(a) of the Protocol, is intended to cover any transaction in which remuneration or other consideration is given and received under circumstances in which a person who does not have a lawful right to custody of the child thereby obtains de facto control over the child.
(3) THE TERM "CHILD PORNOGRAPHY". -The United States understands the term "child pornography", as defined in Article 2(c) of the Protocol, to mean the visual representation of a child engaged in real or simulated sexual activities or of the genitalia of a child where the dominant characteristic is depiction for a sexual purpose.
(4) THE TERM "TRANSFER OF ORGANS FOR PROFIT". -The United States understands that- (A) the term "transfer of organs for profit", as used in Article 3(1)(a)(i) of the Protocol, does not cover any situation in which a child donates an organ pursuant to lawful consent; and
(B) the term "profit", as used in Article 3(1)(a)(i) of the Protocol, does not include the lawful payment of a reasonable amount associated with the transfer of organs, including any payment for the expense of travel, housing, lost wages, or medical costs.
(5) THE TERMS "APPLICABLE INTERNATIONAL LEGAL INSTRUMENTS" AND "IMPROPERLY INDUCING CONSENT". -
(A) UNDERSTANDING OF "APPLICABLE INTERNATIONAL LEGAL INSTRUMENTS". -The United States understands that the term "applicable international legal instruments" in Articles 3 (1) (a) (ii) and 3 (5) of the Protocol refers to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption done at The Hague on May 29, 1993 (in this paragraph referred to as "The Hague Convention").
(B) NO OBLIGATION TO TAKE CERTAIN ACTION. -The United States is not a party to The Hague Convention, but expects to become a party. Accordingly, until such time as the United States becomes a party to The Hague Convention, it understands that it is not obligated to criminalize conduct proscribed by Article 3(1)(a)(ii) of the Protocol or to take all appropriate legal and administrative measures required by Article 3(5) of the Protocol.
(C) UNDERSTANDING OF "IMPROPERLY INDUCING CONSENT". -The United States understands that the term "Improperly inducing consent" in Article 3(1)(a)(ii) of the Protocol means knowingly and willfully inducing consent by offering or giving compensation for the relinquishment of parental rights.
(6) IMPLEMENTATION OF THE PROTOCOL IN THE FEDERAL SYSTEM OF THE UNITED STATES. -The United States understands that the Protocol shall be implemented by the Federal Government to the extent that it exercises jurisdiction over the matters covered therein, and otherwise by the State and local governments. To the extent that State and local governments exercise jurisdiction over such matters, the Federal Government shall as necessary, take appropriate measures to ensure the fulfillment of the Protocol.

29-03-2018

The United States Mission to the United Nations presents its compliments to the Executive Office of the Secretary-General of the United Nations and refers to the U.N. Secretary-General’s depositary notification C.N.796.2017.TREATIES-IV.11.c, dated January 2, 2018, regarding the purported accession by the ‘State of Palestine’ to Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, done at New York May 25, 2000 (the Protocol), for which the Secretary-General of the United Nations is the depositary.
The Government of the United States of America does not believe the ‘State of Palestine’ qualifies as a sovereign State and does not recognize it as such. Accession to the Protocol is limited to sovereign States. Therefore, the Government of the United States of America believes that the ‘State of Palestine’ is not qualified to accede to the Protocol and affirms that it will not consider itself to be in a treaty relationship with the ‘State of Palestine’ under the Protocol.

Vietnam

20-12-2001

... the Socialist Republic of Vietnam makes its reservation to article 5 (1), (2), (3), and (4) of the said Protocol.

26-03-2009

Withdrawal of the following reservation:
"... the Socialist Republic of Vietnam makes its reservation to article 5 (1) (2) (3) and (4) of the said Protocol."