Hirota
02-02-2004, 12:56
The democratic states of the Hirota wish to submit the following proposal:
The massive and escalating sexual exploitation of women by local and global sex industries constitutes a fundamental violation of human rights and a barrier to womens equality. Prostitution, sex tourism, trafficking in women, and other practices that reduce women to sexual commodities have had a particularly devastating impact on women in developing countries and oppressed groups of women in so called developed countries. The sexual exploitation of any woman is cruel, inhuman, and degrading treatment that establishes the standard of treatment for all women and is incompatible with the inherent dignity and worth of the human person. No existing international human rights instruments adequately address the problem of sexual exploitation.
Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the equal and unalienable rights of all members of the human family without distinction as to sex is the foundation of freedom, justice, and peace in the world,
Recognizing that those rights derive from the inherent dignity of the human person,
Concerned that human rights are seriously threatened by the massive and growing sexual exploitation of women and children, Recognizing that women have the right to sexual integrity and autonomy,
Recognizing further that sexual exploitation, including prostitution, abrogates these rights and subordinates women as a group, and therefore violates human dignity and the right of equality,
Concerned that sexual exploitation inflicts grave harm and often takes the extreme forms of sexual slavery, torture, mutilation and death, Concerned that sexual violence and prostitution are not inevitable but are forms of sexual exploitation,
Recognizing that the sexual exploitation of any woman is the sexual degradation of all women, deprives women of freedom of movement, and threatens women's safety and security, thus creating the conditions of sexual terrorism,
Concerned that human sexual exploitation, including prostitution, has increasingly become an integral part of national practices which have deprived women of their human rights, Considering that there is no convention presently in existence which addresses sexual exploitation of adults, Recognizing the need for a new convention that will affirm and expand the definition of sexual exploitation which includes violence against women and prostitution as a violation of human rights,
Would propose, in principal:
Article 1
It is a fundamental right to be free from sexual exploitation. States member states take all necessary measures to eliminate all forms of sexual exploitation. The violation and harm of sexual exploitation is not obviated by the consent of the victim.
Article 2
Sexual exploitation is the sexual violation of a person's human dignity, equality, and physical and mental integrity. It is a practice by which some people (primarily men) achieve power and domination over others (primarily women and children) for the purposes of sexual gratification, financial gain, and/or advancement
Article 3
For the purpose of the proposal, sexual exploitation takes the forms of, but is not limited to sexual violence and murder; sexual abuse and torture including sadistic, mutilating practices; genital mutilation; prostitution, sex trafficking, sex tourism and mail order bride markets; rape, incest, sexual harassment and pornography; involuntary sterilization and childbearing; female seclusion, dowry and bride price; temporary marriage or marriage of convenience for the purpose of sexual exploitation.
Article 4
1. Member States shall take into account that certain groups of women and children are rendered particularly vulnerable to sexual exploitation: those of ethnic minority and indigenous status; those subjected to racial discrimination; those in the migrating process; workers in the free trade zones; those in the sex entertainment industry; and those with disabilities that are physical and mental.
2. Member States shall take into account that certain situations render certain groups of women and children more vulnerable to sexual exploitation: armed conflict and military occupation and presence; natural catastrophe; economic development; poverty; incarceration and detention; institutional care; child sexual abuse and domestic violence, forced and child marriages; homelessness and refugee conditions.
Article 5
1. Member States will initiate preventive policies and practices to prevent all forms of sexual exploitation and agree to:
a) Reject state economic policies and practices of development that help precipitate persons into situations of sexual exploitation;
b) Ensure that valid written contracts of employment are entered into and that existing labour laws protect migrant workers, monitoring the provisions of such contracts in order to protect these workers from sexual exploitation in the host country;
c) Enact or enforce such regulations, as the right to retain one's own passport or travel documents, that are necessary for the protection of persons in the migrating process at places of departure, arrival and while en route;
d) Monitor public transportation and port facilities for the presence of persons who appear to be principals, accomplices and customers engaged in prostitution and trafficking and to protect the victims of prostitution and trafficking;
e) Adopt special provisions to prevent the sexual exploitation of persons during all situations of armed conflict. In refugee camps and evacuation centers, Member States will appoint a special team of observers to prevent and monitor violations of sexual exploitation.
2. Member States will provide those most vulnerable to sexual exploitation (as specified in Article 4) and victims of sexual exploitation with:
a) Educational programs and work to increase their economic opportunities and enhance their status and worth;
b) Shelter and housing assistance;
c) Voluntary and confidential counselling and medical services, particularly for prevention, treatment of sexually transmitted diseases, HIV and AIDS, and substance abuse.
Article 6
Member States shall punish perpetrators of sexual exploitation and redress the harm done to victims by developing penal, civil, labour and administrative sanctions.
Article 7
1. Member States shall reject any policy or law that legitimizes the prostitution of anyone and that renders lawful or regulates prostitution in any way, including as a profession, an occupation or as sex entertainment.
2. Member States will adopt appropriate legislation that recognizes prostitution as a form of sexual exploitation by:
a) Punishing anyone who procures, entices or leads away by any means, a person for prostitution, even with that person's consent; anyone who knowingly keeps, manages or finances or takes part in the financing of a brothel; and knowingly lets or rents a building or other place for the purpose of prostitution;
b) Penalizing customers who promote the demand for the prostitution of others, while rejecting any form of the penalization of the prostitute;
c) Punishing their military personnel and affiliated civilian personnel, whether on home territory or outside the country, for any involvement (whether as a customer, financier, manager or procurer) in the prostitution of others;
d) Repealing criminal or civil penalties, where they exist, against the victims of sexual exploitation and prostitution.
Article 8
1. Member States shall adopt measures to prohibit the trafficking in women and children for the purpose of sexual exploitation.
2. Member States recognize that certain types of work in the migrating process, such as sex entertainment and domestic labour, are conducive to sexual exploitation and may lead to sex trafficking and prostitution.
3. Member States shall provide victims of trafficking with assistance to prosecute their perpetrators and to obtain redress and restitution. Aliens shall be entitled to the same means of redress as nationals.
4. Member States shall grant refuge, refugee or asylum status and protection, or repatriation of those who desire to be repatriated, to victims of trafficking, whether they have entered the country legally or illegally.
5. Under no circumstances can States construe this article to prevent women from migrating or travelling abroad.
Article 9
Member States agree to prohibit, penalize and sanction individuals and enterprises, including customers, who organize, profit from, or engage in sex tourism. Such measures shall be adopted and implemented in both the sending and receiving countries of the offenders.
Article 10
Member States shall prohibit and punish persons or enterprises who promote, profit from, or engage in any business involving the matching of women in marriage to foreign nationals by mail order or pseudo-marriage.
Article 11
Member States will penalize the producers, sellers, and distributors of pornography, recognizing that the pornography industry promotes, enlarges the demand for, and is actively engaged in sexual exploitation.
Article 12
Member States shall hold their representatives, diplomatic officials, peacekeeping forces, and related personnel criminally and civilly liable for sexual exploitation, including prostitution.
Article 13
Member States shall punish any person or any organization that hires workers, including migrant workers, for the purpose of sexual exploitation.
Article 14
1. In any legal action, Member States shall insure that victims' history of prostitution, and/or status as illegal alien or stateless person, cannot be used against them. It is an aggravating circumstance and not a defence that the perpetrator of sexual exploitation is a relative or employer of the victim. Honour shall not be used to defend against any act of sexual exploitation, violence or murder.
2. Previous conviction in foreign states for offences referred to in the present Convention will be taken into account as permitted by domestic legislation, for the purpose of:
a) Establishing recidivism;
b) Disqualifying the offender from the exercise of civil rights;
Article 15
1. The offences referred to shall be regarded as extraditable offences in any extradition treaty which has been or may hereafter be concluded between any of the Member States to this Convention.
2. Member States who do not make extradition conditional on the existence of a treaty shall henceforth recognize the offences referred to in this Proposal as cases for extradition between themselves.
3. The extradition will be granted in accordance with the legislation of the State to which the request is made.
4. The nationals of a State whose domestic law does not allow their extradition and who have returned home after committing abroad any of the offences in this Convention shall be prosecuted in and punished by the Courts of their own States. This provision is not mandatory if, in a similar case between the Member States, the extradition of an alien cannot be granted.
Article 16
Member States shall establish or maintain a service charged with the coordination and centralization of the results of the investigation of offences referred to in the present Proposal.
Such services should compile all information calculated to facilitate the prevention and punishment of the offences referred to in the present proposal and should be in close contact with the corresponding services in other Nations.
http://www.nationstates.net/images/flags/uploads/hirota.jpgThe Democratic States of Hirota (http://www.nationstates.net/cgi-bin/index.cgi/target=display_nation/nation=hirota)
The massive and escalating sexual exploitation of women by local and global sex industries constitutes a fundamental violation of human rights and a barrier to womens equality. Prostitution, sex tourism, trafficking in women, and other practices that reduce women to sexual commodities have had a particularly devastating impact on women in developing countries and oppressed groups of women in so called developed countries. The sexual exploitation of any woman is cruel, inhuman, and degrading treatment that establishes the standard of treatment for all women and is incompatible with the inherent dignity and worth of the human person. No existing international human rights instruments adequately address the problem of sexual exploitation.
Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the equal and unalienable rights of all members of the human family without distinction as to sex is the foundation of freedom, justice, and peace in the world,
Recognizing that those rights derive from the inherent dignity of the human person,
Concerned that human rights are seriously threatened by the massive and growing sexual exploitation of women and children, Recognizing that women have the right to sexual integrity and autonomy,
Recognizing further that sexual exploitation, including prostitution, abrogates these rights and subordinates women as a group, and therefore violates human dignity and the right of equality,
Concerned that sexual exploitation inflicts grave harm and often takes the extreme forms of sexual slavery, torture, mutilation and death, Concerned that sexual violence and prostitution are not inevitable but are forms of sexual exploitation,
Recognizing that the sexual exploitation of any woman is the sexual degradation of all women, deprives women of freedom of movement, and threatens women's safety and security, thus creating the conditions of sexual terrorism,
Concerned that human sexual exploitation, including prostitution, has increasingly become an integral part of national practices which have deprived women of their human rights, Considering that there is no convention presently in existence which addresses sexual exploitation of adults, Recognizing the need for a new convention that will affirm and expand the definition of sexual exploitation which includes violence against women and prostitution as a violation of human rights,
Would propose, in principal:
Article 1
It is a fundamental right to be free from sexual exploitation. States member states take all necessary measures to eliminate all forms of sexual exploitation. The violation and harm of sexual exploitation is not obviated by the consent of the victim.
Article 2
Sexual exploitation is the sexual violation of a person's human dignity, equality, and physical and mental integrity. It is a practice by which some people (primarily men) achieve power and domination over others (primarily women and children) for the purposes of sexual gratification, financial gain, and/or advancement
Article 3
For the purpose of the proposal, sexual exploitation takes the forms of, but is not limited to sexual violence and murder; sexual abuse and torture including sadistic, mutilating practices; genital mutilation; prostitution, sex trafficking, sex tourism and mail order bride markets; rape, incest, sexual harassment and pornography; involuntary sterilization and childbearing; female seclusion, dowry and bride price; temporary marriage or marriage of convenience for the purpose of sexual exploitation.
Article 4
1. Member States shall take into account that certain groups of women and children are rendered particularly vulnerable to sexual exploitation: those of ethnic minority and indigenous status; those subjected to racial discrimination; those in the migrating process; workers in the free trade zones; those in the sex entertainment industry; and those with disabilities that are physical and mental.
2. Member States shall take into account that certain situations render certain groups of women and children more vulnerable to sexual exploitation: armed conflict and military occupation and presence; natural catastrophe; economic development; poverty; incarceration and detention; institutional care; child sexual abuse and domestic violence, forced and child marriages; homelessness and refugee conditions.
Article 5
1. Member States will initiate preventive policies and practices to prevent all forms of sexual exploitation and agree to:
a) Reject state economic policies and practices of development that help precipitate persons into situations of sexual exploitation;
b) Ensure that valid written contracts of employment are entered into and that existing labour laws protect migrant workers, monitoring the provisions of such contracts in order to protect these workers from sexual exploitation in the host country;
c) Enact or enforce such regulations, as the right to retain one's own passport or travel documents, that are necessary for the protection of persons in the migrating process at places of departure, arrival and while en route;
d) Monitor public transportation and port facilities for the presence of persons who appear to be principals, accomplices and customers engaged in prostitution and trafficking and to protect the victims of prostitution and trafficking;
e) Adopt special provisions to prevent the sexual exploitation of persons during all situations of armed conflict. In refugee camps and evacuation centers, Member States will appoint a special team of observers to prevent and monitor violations of sexual exploitation.
2. Member States will provide those most vulnerable to sexual exploitation (as specified in Article 4) and victims of sexual exploitation with:
a) Educational programs and work to increase their economic opportunities and enhance their status and worth;
b) Shelter and housing assistance;
c) Voluntary and confidential counselling and medical services, particularly for prevention, treatment of sexually transmitted diseases, HIV and AIDS, and substance abuse.
Article 6
Member States shall punish perpetrators of sexual exploitation and redress the harm done to victims by developing penal, civil, labour and administrative sanctions.
Article 7
1. Member States shall reject any policy or law that legitimizes the prostitution of anyone and that renders lawful or regulates prostitution in any way, including as a profession, an occupation or as sex entertainment.
2. Member States will adopt appropriate legislation that recognizes prostitution as a form of sexual exploitation by:
a) Punishing anyone who procures, entices or leads away by any means, a person for prostitution, even with that person's consent; anyone who knowingly keeps, manages or finances or takes part in the financing of a brothel; and knowingly lets or rents a building or other place for the purpose of prostitution;
b) Penalizing customers who promote the demand for the prostitution of others, while rejecting any form of the penalization of the prostitute;
c) Punishing their military personnel and affiliated civilian personnel, whether on home territory or outside the country, for any involvement (whether as a customer, financier, manager or procurer) in the prostitution of others;
d) Repealing criminal or civil penalties, where they exist, against the victims of sexual exploitation and prostitution.
Article 8
1. Member States shall adopt measures to prohibit the trafficking in women and children for the purpose of sexual exploitation.
2. Member States recognize that certain types of work in the migrating process, such as sex entertainment and domestic labour, are conducive to sexual exploitation and may lead to sex trafficking and prostitution.
3. Member States shall provide victims of trafficking with assistance to prosecute their perpetrators and to obtain redress and restitution. Aliens shall be entitled to the same means of redress as nationals.
4. Member States shall grant refuge, refugee or asylum status and protection, or repatriation of those who desire to be repatriated, to victims of trafficking, whether they have entered the country legally or illegally.
5. Under no circumstances can States construe this article to prevent women from migrating or travelling abroad.
Article 9
Member States agree to prohibit, penalize and sanction individuals and enterprises, including customers, who organize, profit from, or engage in sex tourism. Such measures shall be adopted and implemented in both the sending and receiving countries of the offenders.
Article 10
Member States shall prohibit and punish persons or enterprises who promote, profit from, or engage in any business involving the matching of women in marriage to foreign nationals by mail order or pseudo-marriage.
Article 11
Member States will penalize the producers, sellers, and distributors of pornography, recognizing that the pornography industry promotes, enlarges the demand for, and is actively engaged in sexual exploitation.
Article 12
Member States shall hold their representatives, diplomatic officials, peacekeeping forces, and related personnel criminally and civilly liable for sexual exploitation, including prostitution.
Article 13
Member States shall punish any person or any organization that hires workers, including migrant workers, for the purpose of sexual exploitation.
Article 14
1. In any legal action, Member States shall insure that victims' history of prostitution, and/or status as illegal alien or stateless person, cannot be used against them. It is an aggravating circumstance and not a defence that the perpetrator of sexual exploitation is a relative or employer of the victim. Honour shall not be used to defend against any act of sexual exploitation, violence or murder.
2. Previous conviction in foreign states for offences referred to in the present Convention will be taken into account as permitted by domestic legislation, for the purpose of:
a) Establishing recidivism;
b) Disqualifying the offender from the exercise of civil rights;
Article 15
1. The offences referred to shall be regarded as extraditable offences in any extradition treaty which has been or may hereafter be concluded between any of the Member States to this Convention.
2. Member States who do not make extradition conditional on the existence of a treaty shall henceforth recognize the offences referred to in this Proposal as cases for extradition between themselves.
3. The extradition will be granted in accordance with the legislation of the State to which the request is made.
4. The nationals of a State whose domestic law does not allow their extradition and who have returned home after committing abroad any of the offences in this Convention shall be prosecuted in and punished by the Courts of their own States. This provision is not mandatory if, in a similar case between the Member States, the extradition of an alien cannot be granted.
Article 16
Member States shall establish or maintain a service charged with the coordination and centralization of the results of the investigation of offences referred to in the present Proposal.
Such services should compile all information calculated to facilitate the prevention and punishment of the offences referred to in the present proposal and should be in close contact with the corresponding services in other Nations.
http://www.nationstates.net/images/flags/uploads/hirota.jpgThe Democratic States of Hirota (http://www.nationstates.net/cgi-bin/index.cgi/target=display_nation/nation=hirota)