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Published 18.10.24
Special Rapporteur gathers information on sexualised violence against children
Torsten Krause, SDCMama Fatima Singhateh, the United Nations Special Rapporteur on the sale and sexual exploitation of children, has been visiting Germany since Monday to learn about the current situation and existing developments in relation to preventing, combating and raising awareness of sexualised abuse against children. On 17 October, the ‘Child protection and children's rights in the digital world’ project of the Stiftung Digitale Chancen (Digital Opportunities Foundation) and other organisations were invited to discuss positive and negative developments regarding the digital dimensions of sexualised violence against children with her.
The project's contributions focussed on the legal situation of consensual sexting by young people and the protection of their personal integrity. Information was provided on the amendment to the penal code regarding child pornography this summer and it was pointed out that the downgrading from a felony to a misdemeanour should be viewed positively. The background to the reform was the intention to make it possible to stop criminal prosecution proceedings if people are not in possession of such material for paedocriminal reasons but to preserve evidence. In this context, it is now also possible to drop proceedings if young people have shared sexual material with each other consensual. Nevertheless, this does not yet fulfil the request of the United Nations, as expressed in paragraph 118 of General Comment No. 25 on the rights of the child in relation to the digital environment. This is because the UN Committee on the Rights of the Child calls on states parties not to criminalise such behaviour. The Digital Opportunities Foundation's statement on the reform of the penal code can be found here.
In addition, attention has been drawn to the concept of personal integrity. With the amendment of the Youth Protection Act in 2021, the legislator has enshrined this as a new protection objective for young people in the digital environment. According to an understanding that has developed in the group of experts on children's rights in the digital world, personal integrity encompasses the protection of a child's physical and psychological integrity as well as their personal data. In order to realise this, it is particularly important to ensure age-appropriate and future-oriented development as well as the informational and sexual self-determination of minors in digital services. This means that the exploitation of inexperience and youth, e.g. through the persuasion of unintended decision-making, the unauthorised processing and dissemination of user data or economic exploitation through gambling-type services must be prevented. However, the concept is also important with regard to the initiation of sexualised violence online or with regard to sexual assaults against avatars. The Digital Opportunities Foundation's full statement on the special rapporteur's state visit can be viewed here.
At the end of her state visit to Germany, the United Nations Special Rapporteur on the sale and sexual exploitation of children is expected to submit a first report to Germany. The final report should then be available for the 61st session of the Human Rights Committee in March 2026.