Project on Strengthening and Protecting Women’s and Children’s Rights in Ukraine (TRES)[1]

 

and

 

Global Project on Cybercrime 2[2]

 

 

 

 

Provisional

Version 26 November 2010

 

 

 

Regional workshop

on

Protecting children against sexual exploitation and sexual abuse through Internet[3]

 

 

 

Hotel “Rus”

Hospital St. 4, 01601 Kyiv, Ukraine

 

7-8 December 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  CONTACT

 

  For any additional information please contact:

Isabelle Imbs Project Assistant/Strasbourg Judicial Co-operation, Trafficking and Sexual Exploitation Unit Directorate General of Human Rights and Legal Affairs Council of Europe Tel.: +33 3 90 21 56 54 e-mail: [email protected]   Tetyana Kulykovska  Project Officer/Kyiv Tel.: +380 44 498 12 03 Mob. : +380 93 087 52 57 e-mail: [email protected]

Gaëlle Jovanovski Department of Information Society and Action against Crime Directorate General of Human Rights and Legal Affairs Council of Europe F-67075 STRASBOURG Cedex Tel.: +33 3 90 21 56 78 Email: [email protected]

Background

 

Fostering children’s trust and confidence in the Internet together with the protection of their dignity, security and privacy is a priority for the Council of Europe.  The Internet is a space of freedom to express and communicate, to search for information and to learn, to work and to play. Access to the Internet thus offers great potential for children to exercise and enjoy their rights and values through the Internet.

 

At the same time, threats such as cybercrime and the sexual exploitation and abuse of children through information and communication technologies pose particular challenges. The Council of Europe is addressing these by setting common standards and policies, by supporting educational, preventive and other measures to empower children, by promoting criminal justice action and by strengthening multi-stakeholder and international cooperation.

 

With regard to criminal measures the standards of reference are relevant provisions of the Convention on Cybercrime – CETS 185 (article 9 on child pornography) and the substantive law provisions of the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS 201).

 

Within the Project on Cybercrime a global study on the measures taken by countries to criminalise conduct related to the sexual exploitation and abuse of children, including child pornography is carrying out[4].

 

In order to allow sharing good practices and encourage implementation of these treaties by taking into account also the result of the study and facilitate cooperation among countries with the aim of protecting children against sexual exploitation and sexual abuse in the online environment, the Council of Europe is organizing a regional workshop.

 

The event is organised in cooperation with the Project on Strengthening and Protecting Women’s and Children’s Rights (TRES) in Ukraine, which has among its objectives to assist Ukrainian authorities in the revision and reform of the legal framework, policy and practice for dealing with sexual exploitation and abuse of children in line with the standards of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS 201).

Objective

To promote criminal law measures aimed at the protection of children against sexual exploitation and sexual abuse in line with the standards of the Council of Europe, namely Convention on Cybercrime (CETS 185) and the Convention on the Protection of Children against sexual exploitation and sexual abuse (CETS 201).

 

The workshop will particularly focus on:

 

• state and effectiveness of legislation on protection of children against sexual exploitation and sexual abuse, including its harmonisation with international standards;
• strengthening of skills of law enforcement and criminal justice authorities in investigating, prosecuting and adjudicating these offences;
• enhancing cooperation at national and international level between police, judicial cooperation authorities and private sector.

 

 

Expected results

• Legislative analysis available regarding compliance with the Convention on Cybercrime and the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse
• Issues preventing effective investigations identified
• Best practices shared on the investigation of child sexual abuse offenses and techniques available as well as on the cooperation between law enforcement and internet service providers

Participants

The workshop will gather participants from public and private sectors as well as international organisation and NGOs involved in the protection of children against sexual exploitation and sexual abuse.

 

Two participants from each of the following countries: Armenia, Azerbaijan, Belarus, Georgia, Moldova and Russian Federation will be funded from the workshop budget, but countries are welcome to nominate additional experts to participate at their own cost. Ukraine, as a host country, will be represented by a larger number of experts.

 

Nominees should be:

• Officials who are professionally involved in the development of legislation on the protection of children against sexual exploitation and sexual abuse in their country and represent a governmental institution, a parliamentary body or working group responsible for such legislation. If a country has a specialized working group dedicated to developing a protection of children against sexual exploitation and sexual abuse law or is considering creating such a group, we encourage members or potential members of that group to attend;
• Police officers, prosecutors, judges who are responsible with investigation, prosecution and adjudication of child sexual exploitation cases;

 

All nominees should be familiar with or involved in:

• the issue of sexual exploitation and sexual abuse of children and how it has affected their country;
• the laws under which sexual exploitation and sexual abuse are currently investigated and prosecuted in their country and the international standards, in particular the Convention on Cybercrime (CETS 185) and the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS 201);
• the laws and procedures through which electronic evidence (e.g., ISP log data, customer subscriber data, e-mails, interception of computer traffic data in real time) can be obtained in their country;
• the development of legislation on protection of children against sexual exploitation and sexual abuse in their country;
• in investigation, prosecution and adjudication of child sexual exploitation cases.

 

Participants are required to actively participate in the discussions and prepare a short report on the measures taken by the country and the status of legislation with regard to these issues.

 

Draft Agenda

 

 

Tuesday – 7 December 2010
8h00 – 8h45	Registration
Opening session
9h00 – 9h45	Opening remarks by   European Union Delegation Council of Europe (Representative of the Secretary General of the Council of Europe in Ukraine) Ministry of Justice of Ukraine Ministry of Interior of Ukraine Ministry of Ukraine for Family, Youth and Sports
Session 1: Promoting Safer Internet for Children
9h45 – 13h00         Coffee break 11h00-11h30	Policy frameworks promoting a safer Internet for children (15 min each presentation)   Council of Europe: The EU/CoE Joint Project on Strengthening and Protecting Women’s and Children’s Rights in Ukraine (Tetyana Kulykovska, Project Co-ordinator in Ukraine) Child Exploitation and Online Protection (CEOP) Centre (Gabrielle Shaw, Head of International & Relations ICMEC (Sandra S. Marchenko, Director, Koons Family Institute on International Law & Policy, at the International Centre for Missing & Exploited Children) European Commission (Michael Bush, Administrator, eContent&Safer Internet, DG Information Society and Media) ECPAT (Olha SHVED: Associate for CIS Region/ECPAT) European NGO Alliance for Child Safety Online (eNACSO) (John Carr) Interpol (Uri Sadeh Project Manager  - ICSE DB development, Criminal Intelligence Analyst, Trafficking in Human Beings Sub-Directorate) OECD ((Laurent Bernat, Policy Analyst, Information, Computer, and Communications Policy Division, OECD, France) La Strada Ukraine (Natalia Bochkor, Director of Department for research and methodical work, Coordinator of eHelpline as to counteracting child pornography) Microsoft (Jean Christophe Le Toquin, Director, Digital Crimes Unit and Courtney Zukoski, Director of Corporate Social Responsibility & Academic Programs at Microsoft Ukraine)   Discussion   Moderators: Ukraine/Cristina Schulman, Council of Europe
13h00 – 14h00	Lunch
Session 2:  Investigating online sexual abuse of children: Which are the challenges?
14h00 – 18h00               Coffee break 16h00-16h30	Issues preventing effective investigations (30 min) Sergio Staro, Senior Police Officer of the Computer Crime Unit and Head of the International and Relationships of the Postal and Communications Police Service, National Police, Italy(tbc)   Investigative techniques (30 min) Tool review and victim identification (Uri Sadeh, Interpol)   Child pornography/abuse materials in the Internet: Take down or access blocking? (30 min) John Carr, eNACSO   Training needs for professionals working to protect children from sexual abuse (30 min) Child Exploitation and Online Protection (CEOP) Centre (Gabrielle Shaw, Head of International & Relations   What role for the private sector in the prevention and fighting against sexual exploitation and abuse of children? (30 min) Jean Christophe Le Toquin, Director, Digital Crimes Unit, Microsoft   Challenges in collecting and securing electronic evidence - Round table discussion with the participants from:   Armenia, Azerbaijan, Belarus, Georgia, Moldova, Russian Federation, Ukraine   Moderators: Jean Christophe Le Toquin and John Carr
18h00	End of day

Wednesday – 8 December 2010
Session 3: Criminalizing sexual exploitation and sexual abuse of children (Part I)
9h00 – 12h30         Coffee break 11h15-11h30	Council of Europe approach on protection of children against sexual exploitation and sexual abuse on internet: What legislative or other measures to be taken?  (20 min) Cristina Schulman, Head of Cybercrime Unit, Council of Europe   Model Legislation&Global Review (20 min) Sandra S. Marchenko, ICMEC   Progress made by Ukraine on the ratification and implementation of the Council of Europe Conventions on the Protection of Children against Sexual Exploitation and Sexual Abuse (20 min) Ministry of Justice of Ukraine   Analysing the existing or draft legislation in view of complying with the international standards Armenia, Azerbaijan, Belarus, Georgia, Moldova, Russian Federation, Ukraine   Moderators: Cristina Schulman and Sandra S. Marchenko
12h30 – 14h00	Lunch
Session 3: Criminalizing sexual exploitation and sexual abuse of children (Part II)
14h00 – 16h15   Coffee break 16h15-16h30	Analysing the existing legislation or draft legislation in view of complying with the international standards (continued)   Drafting the recommendations for further steps by each delegation
Session 4: Conclusions and recommendations for further steps
16.30 – 17.30	Reports presented by: Armenia, Azerbaijan, Belarus, Georgia, Moldova, Russian Federation, Ukraine
Closing session
17.30	Ministry of Justice of Ukraine Jean Christophe Le Toquin, Microsoft Cristina Schulman, Council of Europe

[1] Project is co-funded by the European Union and the Council of Europe and is implemented by the Council of Europe (www.coe.int/tres) 

[2] Project funded by contributions from Estonia, Monaco, Romania, Microsoft and McAfee and the Council of Europe and implemented by the Council of Europe  (www.coe.int/cyberccrime)

[3] With the support of Microsoft through the Global Project on Cybercrime of the Council of Europe

 

[4] See www.coe.int/cybercrime