Committee on the Rights of the Child

Concluding observations on the report submitted by Hungary under article 12, paragraph 1 of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography *

The Committee considered the initial report of Hungary (CRC/C/OPSC/HUN/1) at its 1917th meeting (see CRC/C/SR.1917), held on 10 September 2014, and adopted, at its 1929th meeting, held on 19 September 2014, the concluding observations below.

I. Introduction

The Committee welcomes the submission by the State party of its initial report and its written replies to the list of issues (CRC/C/OPAC/HUN/Q/1/Add.1), and appreciates the constructive dialogue held with the multisectoral delegation of the State party.

The Committee reminds the State party that the present concluding observations should be read in conjunction with its concluding observations on the combined third to fifth periodic reports of the State party under the Convention (CRC/C/HUN/CO/3-5), as well as those on the initial report under the Optional Protocol on the involvement of children in armed conflict (CRC/C/OPAC/HUN/CO/1), adopted on 19 September 2014.

II. General observations

Positive aspects

The Committee welcomes the numerous measures taken by the State party in areas relevant to the implementation of the Optional Protocol, including:

The amendments to the Act on Crime Victim Support and State Compensation, in 2012, which provide for shelter to be provided to identified victims of trafficking;

Decree No. 32/2011 by the Minister of Public Administration and Justice, in 2011, on the establishment of child-friendly interview rooms throughout the country.

The Committee notes with appreciation the ratification by the State party of the Council of Europe Convention on Action against Trafficking in Human Beings, in April 2013.

The Committee welcomes the progress made in the adoption of national plans and programmes that facilitate the implementation of the Optional Protocol, including the National Strategy against Trafficking in Human Beings for the period 2013-2016.

III.Data

Data collection

The Committee welcomes the detailed statistics provided on the reports, investigations and prosecutions of and sentences handed down to perpetrators of numerous crimes relevant to the Optional Protocol. It notes that, even though the statistics are disaggregated to a certain extent by sex and age, they are not fully disaggregated on the basis of other criteria, such as socioeconomic origin, nationality, urban and rural residence or ethnic origin.

The Committee recommends that the State party ensure that data relevant to the Optional Protocol are consistently disaggregated by, inter alia, age, sex, socioeconomic origin, nationality, ethnic origin and urban and rural residence, and systematically collected on all crimes covered by the Optional Protocol. The data should be analysed and utilized as essential tools for assessment, policy development, implementation, monitoring and evaluation of preventive measures. The Committee also recommends that the State party provide in its next periodic report information on statistics for all crimes under the Optional Protocol.

IV.General measures of implementation

National plan of action

The Committee notes the National Strategy against Trafficking in Human Beings for 2013-2016, but is concerned that the strategy does not address specifically child victims of trafficking. It is also concerned at the absence of a strategy or plan of action covering other offences under the Optional Protocol.

The Committee recommends that the State party adopt a strategy that includes comprehensive measures in all areas as required under the Optional Protocol. It also recommends that the State party ensure that the progress of the strategy and relevant plans of action are regularly evaluated and provided with adequate human, technical and financial resources for their implementation. The strategy and plans of action should include measures aimed at prevention and the protection, physical and psychological recovery and social reintegration of child victims, as well as the investigation and prosecution of all offences covered by the Optional Protocol.

Dissemination, awareness-raising and training

The Committee notes the information provided by the State party on numerous training sessions and seminars attended by judges, police officers, prosecutors and other investigating bodies. It is concerned, however, that the majority of such activities seem to be organized by non-governmental organizations and financed by international donors, and do not target children who are at risk of becoming victims to offences under the Optional Protocol. It is also concerned that the State party has not assessed the impact of such training activities on tackling the issues under the Optional Protocol.

The Committee recommends that the State party take the measures necessary to organize continuous and systematic dissemination and awareness-raising activities on the Optional Protocol throughout the country. These activities should involve children who belong to marginalized and disadvantaged groups and are at greater risk of becoming victims to offences under the Optional Protocol. It also recommends that the State party conduct regular assessment of its training activitie s for judges and law enforcement personnel to ensure that their knowledge is effectively translated into practice.

Allocation of resources

The Committee is concerned that the State party has not provided any information about a specific budget allocated for activities under the Optional Protocol.

The Committee recommends that the State party allocate sufficient and targeted resources for the effective implementation of the Optional Protocol at the national, regional and district levels , and provide such information in its next periodic report.

V.Prevention of the sale of children, child prostitution and child pornography (art. 9, paras. 1 and 2)

Measures taken to prevent offences prohibited under the Optional Protocol

The Committee notes the measures taken by the State party to prevent trafficking in human beings in general, but is concerned that there are no mechanisms in place to identify and monitor children at risk of becoming victims to the offences under the Optional Protocol. In particular, the State party lacks programmes that target specifically children in vulnerable and marginalized situations.

The Committee encourages the State party to establish a mechanism to identify and monitor children in vulnerable situations who are at risk of becoming victims to the offences under the Optional Protocol , and to establish special programmes targeting Roma children, children living in poverty, children affected by migration, children in institutions and other children in vulnerable and marginalized situations.

Trafficking in children for sexual purposes

The Committee notes the efforts made by the State party to address trafficking in human beings by adopting strategies and legislative acts. It is concerned, however, that the State party remains a source and transit country for trafficking in women and girls for sexual exploitation. The Committee is also concerned about the overrepresentation of Roma children from care institutions among trafficking victims. Furthermore, the Committee is concerned that the State party does not provide adequate incentives for victims to participate voluntarily in the process of investigation and prosecution of their traffickers, and regrets the lack of information on the use of witness protection programmes.

The Committee recommends that the State party take the measures necessary to conduct a comprehensive study to assess the causes, nature and extent of trafficking in children for sexual purposes, in particular in relation to Roma children. The Committee also recommends that the State party take measures to reduce and prevent trafficking, including by raising the awareness of professionals and the general public of the problem of trafficking in children through education, including media campaigns, and establishing cooperation with the authorities of the States to which children are trafficked. Furthermore, the Committee recommends that the State party take measures to provide adequate incentives and protection to victims of trafficking to participate in the process of investigation against traffickers.

VI.Prohibition of the sale of children, child prostitution and child pornography, and related matters (arts. 3, 4 (paras. 2 and 3), 5, 6 and 7)

Existing criminal or penal laws and regulations

The Committee welcomes the fact that the Criminal Code of the State party includes most of the offences under the Optional Protocol. It regrets, however, that the State party has not provided any information on whether the crime of improperly inducing consent, as an intermediary, for the adoption of a child is included in its Criminal Code.

The Committee recommends that the State party take the measures necessary to ensure that all the elements contained in article 3 of the Optional Protocol, including the offence of improperly inducing consent, as an intermediary, for the adoption of a child, are included in its legislation.

Extraterritorial jurisdiction and extradition

While the Committee notes that legislation in the State party allows for the prosecution of nationals who have committed a crime abroad, it regrets that the State party has not established extraterritorial jurisdiction in all cases that are referred to in article 4 of the Optional Protocol. It also notes that the State party allows extradition only when there is a bilateral or multilateral treaty of extradition, and does not use the Optional Protocol as a legal basis for extradition.

The Committee recommends that the State party take measures to establish extraterritorial jurisdiction in all cases that are referred to in the Optional Protocol, including when the alleged offender is a national or a person with a habitual residence in Hungary, or when the victim is a Hungarian child. It also recommends that the State party consider using the Optional Protocol as a legal basis for extraditing persons who have commit ted offences prohibited therein in the absence of a relevant bilateral or multilateral treaty of extradition.

VII. Protection of the rights of child victims (arts. 8 and 9 (paras. 3 and 4))

Measures taken to protect the rights of child victims

The Committee welcomes the amendments made in 2012 to the Act on Crime Victim Support and State Compensation, which requires the State party to provide shelter for identified victims of trafficking and other crimes, including child victims. It is concerned, however, about the lack of information about the treatment and compensation provided to child victims of the crimes enumerated in the Optional Protocol.

The Committee strongly recommends that the State party ensure that children who are victims of offences under the Optional Protocol are always provided with adequate treatment and compensation, and with prompt information on how to obtain them. It also recommends that the State party ensure, through adequate legal provisions and regulations, that all child victims or witnesses of crimes are provided with the protection required in the Convention , and that the State party take fully into account the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime.

Sexual exploitation and child prostitution

The Committee is concerned that child victims of sexual exploitation and prostitution are not viewed as victims but rather as perpetrators, and are often subjected to fines if coercion has not been proved. It regrets the lack of information on support, assistance and protection provided to child victims of sexual exploitation and prostitution, and on the availability of shelters for such victims.

The Committee recommends that the State party take all the measures necessary to provide child victims of sexual exploitation and prostitution with the necessary support, assistance and protection, including shelters , and exempt such victims from any liability , including fines, even in cases where the coercion cannot be proved.

VIII.International assistance and cooperation (art. 10)

Multilateral, regional and bilateral agreements

In the light of article 10, paragraph 1 of the Optional Protocol, the Committee notes the agreements concluded with other States, and encourages the State party to continue to strengthen international cooperation through multilateral, regional and bilateral arrangements, in particular with neighbouring countries, including by strengthening procedures and mechanisms for coordinating the implementation of such arrangements with a view to improving prevention, detection, investigation, prosecution and punishment of those responsible for the offences covered by the Optional Protocol.

IX.Follow-up and dissemination

Follow-up

The Committee recommends that the State party take all appropriate measures to ensure full implementation of the present recommendations by , inter alia , transmitting them to the relevant government ministries, the Parliament, the Supreme Court and to national and local authorities, for appropriate consideration and further action.

Dissemination of concluding observations

The Committee recommends that the initial report and written replies submitted by the State party and related recommendations (concluding observations) adopted be made widely available, including through (but not exclusively) the Internet, to the public at large, civil society organizations, youth groups, professional groups, media professionals and children, in order to generate debate and awareness of the Optional Protocol, its implementation and monitoring.

X.Next report

In accordance with article 12, paragraph 2 of the Optional Protocol , the Committee requests the State party to include further information on the implementation of the Optional Protocol and the present concluding observations in its next periodic report under the Convention on the Rights of the Child , in accordance with article 44 of the Convention.