Attributes of Article 36

Data is collected and disaggregated by prohibited grounds for discrimination including age, sex, ethnicity, disability, when applicable

Monitoring and identification of all other forms of exploitation prejudicial to any aspects of the child’s welfare

Prevention and protection from all other forms of exploitation prejudicial to any aspects of the child’s welfare

Structural Indicators

as an indication of commitment to take action, refers to the existence of institutions and policies and laws aligned with the international child rights laws and for the realisation of children’s rights.

1. Legal framework guarantees that children are protected from all forms of exploitation prejudicial to any aspects of the child’s rights and welfare in such settings including but not limited to:

1.1 Sports training programmes

1.2 Advertisements

1.3 Commercial use

1.4 In cinema and TV

1.5 Selling of data

1.6 Internet including chatrooms, social networks and dating apps

2. States should encourage telecommunications companies to waive costs for incoming calls to child helplines by means of toll-free telephone numbers. (CoE Guidelines to respect, protect and fulfil the rights of the child in the digital environment)

3. Legal framework requiring business enterprises and other stakeholders including online and offline media and entertainment businesses to undertake due diligence in order to identify, prevent and mitigate their impact on the rights of the child. (adapted from CoE Guidelines to respect, protect and fulfil the rights of the child in the digital environment)

Process

Indicators

refers generally to efforts made and actions taken, following on from commitment, and thus to specific activities, resources and/or initiatives in pursuit of rights’ realisation.

4. States should, as part of the child-protection system, ensure access to and provide adequate and gender-sensitive support services and assistance for children whose rights and privacy have been violated or who have been subjected to violence, subjected to cyberbullying and cyber harassment, sexual exploitation or abuse in the digital environment, including services to ensure the child’s physical and psychological recovery and social reintegration, and prevent their re-victimisation. (adapted from CoE Guidelines to respect, protect and fulfil the rights of the child in the digital environment)

5. Government agency(ies) in charge of monitoring the CRC set up a system to monitor(s) and identify(ies) persisting and new and unknown forms of exploitation of children as a preventive and protective measure such as specialised police units for cyber-crimes.

6. Government supports research on new and emerging forms of exploitation and their settings, including on the Internet.

7. There is a regular and sustained pre- and/or in-service training sessions for all relevant government agencies to identify signs of exploitation of children, especially in relation to emerging new risks of exploitation for example:

7.1 In the media

7.2 On the Internet

7.3 In schools for gifted children

7.4 In institutions for children with disabilities

7.5 In detention centres and prisons

7.6 In medical and other scientific establishments

7.7 In alternative care settings

7.8 In leisure and sports centres

8. There are well funded helplines / complaints mechanisms specifically for children.

9. Child rights based ethical research practices are established by research agencies.

10. States audit business enterprises about their regular child-rights risk assessments in relation to digital technologies, products, services and policies and to demonstrate that they are taking reasonable and proportionate measures to manage and mitigate such risks. (adapted from CoE Guidelines to respect, protect and fulfil the rights of the child in the digital environment)

Outcome

Indicators

refers to a measurable resultant change either in the “rights environment” or directly in lives of children.

11. Number of children who experienced one or more form of exploitation identified in settings (justice, schools, medical establishments, press, non-governmental organizations).

12. Number of children identified as exploited in relation to emerging new forms of exploitation, such as:

12.1 On the Internet (production, importation, distribution and consumption of child exploitation materials such as photographic images, video recordings, digital images distributed via the Internet, etc.)

12.2 In research settings

12.3 In the media

12.4 In education settings

12.5 In medical settings

12.6 In detention settings

12.7 In institutions for children with disabilities

12.8 In alternative care settings

12.1 In leisure and sport centres