Youth & Sports Indicator 27 :Existence of regulations and/or procedures to prevent sexual exploitation of minors

The prevention and protection of children against sexual abuse and sexual exploitation, including pornography is of utmost importance, especially with the rapid development of new communications technologies, which can be a particularly dangerous means of recruiting minors into this type of activity. It is therefore needed to have regulations adapted to new technological requirements.

The index countries report that the regulations have remained very traditional and do not go beyond what the penal codes provide for, such as the tightening of penalties in the case of rape of minors, as it is the case in Algeria, Egypt and Tunisia, or in the case of abduction of minors or incitement to “indecent conduct”. In Lebanon and Palestine, however, the penal code expressly criminalizes the sexual exploitation of minors.

In Tunisia, we can find specific regulation relating to sexual exploitation of minors in special laws as the law addressing trafficking, and the law for protection of children

Countries

Algeria

There are no regulations to prevent the sexual exploitation of minors. Generally, the penal code prohibits procuring or enticing a person into prostitution. These offences are punishable by a fine and imprisonment for two to five years. Punishment may increase from five to ten years when the offence is committed against a minor under the age of 18 or when the offense is accompanied by threats, duress, violence, assault, abuse of authority, or fraud.

Egypt

There are no regulations to prevent the sexual exploitation of minors. Nonetheless, the penal code stipulates that the penalty for rape is death, when committed against a girl, or a minor under the age of 18. This also applies if the perpetrator is related to the victim, or a legal guardian and is responsible for the victim’s upbringing or care.

Jordan

There are no regulations to prevent the sexual exploitation of minors, but article 310 of penal code criminalizes forcing a minor to prostitute.

Lebanon

There are no regulations to prevent the sexual exploitation of minors. Generally, the penal code criminalizes the sexual exploitation of minors according to the articles 507, 509, 510, 519 and 520.

Morocco

There are no regulations to prevent the sexual exploitation of minors. Generally, the penal code imposes tougher punishments if the offence is committed against a person who is in a vulnerable situation due to age (minors), illness, physical or psychological disability.

Palestine

There are no regulations to prevent the sexual exploitation of minors. Generally, the penal code criminalizes the sexual exploitation of minors according to the article 42 in the new child law.

Tunisia

There are specific regulations to protect children from sexual exploitation in the law on anti-trafficking (2016), the penal code, and the law on child protection (1995). Article 20 of the latter declares that sexual exploitation of a child whether it’s a boy or a girl constitutes one of the difficult situations which threaten the health of the child and her/his physical or psychological integrity. The law stipulates for the creation of a child protection officer, responsible for preventive intervention mission in all cases where it turns out that the child’s health or physical or psychological integrity is threatened or exposed to danger. The deadlines for public prosecution of sexual crimes committed against children start when the child comes of age and becomes an adult and not from the day the crime was committed.

Article 227 of the penal code considers consent as absent in the crime of rape if the victim is less than 16 years old. Also incest committed against a child is punishable by life imprisonment and the same penalty if a child under 16 years old is raped.

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2020 Regional Index on VAWG