The Optional Protocol to the Convention on the Rights of the Child (OPSC) is already in effect and the recent initiative by the CRC was created to further explain it.

On February 21st, we released our article about the United Nations proposing to ban material of underage characters participating in sex.

In our previous article we wrote about the United Nations, proposing the OPSC as if it were a completely new initiative and that it will lead to the banning of content with loli and shota characters. This information is false and the OPSC has actually been in effect since 2000. According to the Terminology Guidelines for the Protection of Children from Sexual Exploitation and Sexual Abuse, child pornography has included fictional depictions of children for a while. It is not a new term established by The Committee on the Rights of the Child (CRC). You can read the full document for yourself on luxembourgguidelines.org.

The following quote is taken from the Terminology Guidelines for the Protection of Children from Exploitation and Sexual Abuse, section F.1. iv., on page 47.

2000: The OPSC uses the term “child pornography” in Article 2 and defines it as “any representation, by whatever means, of a child engaged in real or simulated explicit sexual activities or representation of the sexual parts of a child for primarily sexual purposes”. In addition, through Article 3(c), States are required to criminalise the following constituent parts of the offence of child pornography: “[p]roducing, distributing, disseminating, importing, exporting, offering, selling, or possessing for the above purposes child pornography.”

Section F, titled “Child pornography,” where the the quote is from, is accompanied by a circle with a slash through it. This symbol tells you how the definition is meant to be read. In this case, there are disagreements on how child pornography should be defined, so the definition is not completely clear.

This next quote is found on page 16 of the Terminology Guidelines for the Protection of Children from Exploitation and Sexual Abuse.

∅ The striped circle indicates some disagreement as to whether the term should be used or not, or as to how it should be used (e.g. with what meaning), and suggests specific care be taken when using it and how, in the context of the protection of children from sexual exploitation and sexual abuse. Terms with a striped circle will be accompanied by the text: “Special attention should be paid to how this term is used.”

In conclusion, the recent draft provided from ohchr.org in our last article is a document that goes into more detail about the OPSC initiative. The proposal should not change anything, as the initiative has been in full effect since 2000.

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