Summary of Nepal's Civil Society Report
on Optional Protocol to the CRC on the
Sale of Children, Child Prostitution and
Child Pornography
Kapil Aryal
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Technicalities of OPSC Report
• Cover page, table of contents, acknowledgements,
acronyms and abbreviations, glossary
• Chapter I - INTRODUCTION
• Chapter II - GENERAL MEASURES TAKEN FOR THE
IMPLEMENTATION OF THE OPTIONAL PROTOCOL
• Chapter III - PROHIBITION OF THE SALE OF CHILDREN,
CHILD PORNOGRAPHY, AND CHILD PROSTITUTION
• Chapter IV - PENAL/CRIMINAL PROCEDURE
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Cont…
• Chapter V - PROTECTION OF THE RIGHTS OF CHILD VICTIMS
• Chapter VI - PREVENTION OF THE SALE OF CHILDREN,
CHILD PROSTITUTION AND CHILD PORNOGRAPHY
• Chapter VII - INTERNATIONAL ASSISTANCE AND
COOPERATION AND OTHER LEGAL PROVISIONS
• Chapter VIII - SUMMARY OF PROBLEMS
• REFERENCES
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Report Format/Design
• The reporting format has been followed as provided
in 'A Guide for Non-Governmental Organizations
Reporting to the Committee on the Rights of the
Child’ 2006(3rd Edition)' prepared by NGO Group for
the Convention on the Rights of the Child-Geneva.
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Legal Status of OPSC in Domestic Law and
Applicability in Domestic Jurisdiction
• The Treaty Act 1990 is a special legislation
governing the substantive and procedural matters
of the ratification of and accession to treaties and
convention.
• Though the ratified international treaty holds the
position above the domestic law, in case it
contradicts with the treaty provisions, without the
help of domestic substantive and procedural law,
these treaty provisions cannot be invoked in the
courts of law.
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Laws and Penal Sanctions to Combat Sale of Children,
Child Prostitution and Child Prostitution
• The age of maturity for labour and criminal liability is
a complex issue in Nepal.
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Criminal liability starts from 10
Age for child labour 14
Sex with a girl below 16 is rape
Human Trafficking and Transportation Control Act – person
below 18 as a child
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Law on child prostitution
• Despite the country code considers sexual
intercourse with a girl below the age of 16
even with her consent as rape, the legislations
of Nepal are unable to prohibit child
prostitution and protect the children from
sexual exploitation who is above the age of
16.
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Law on child pornography
• Some Public Offence control and Punishment Act
1971 Section 2 provides about the acts ought not to
be done. Among them, Section 2 (c) prohibits
disturbing peace through voice, language, sign, and
symbol or to expose vulgarity in public places and
(c1) prohibits in publishing vulgar language or
words those signify vulgarity or printing or
publishing vulgar pictures or exhibiting of such
materials in public.
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Summary of Problems
• Unavailability of data
• Judiciary’s view is not consistent in viewing ratified
treaty provisions in domestic jurisdiction
• Lack of coordination between government agencies
and concerned stakeholders
• Dissemination of OPSC is not adequate
• Legal provisions on child prostitution and child
pornography are not clear and inadequate. Laws do
not protect sexual exploitation of boys and girls
above sixteen years.
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Cont…
• Victim protection law is not adequate.
• Lack of infrastructure and sensitivity among concerned
authorities, there is problem on enforcement of in
camera hearing.
• Lack of sensitivity among law enforcers, prosecutors
and adjudicators is still prevalent.
• Cases have been reported of police mediating the cases
out of court.
• Due to lack of proper trainings and resources, there is
problem in investigation and evidence collection.
• No social recovery and rehabilitation centers are
available.
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Comments and
Suggestions are
Welcomed
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