根据《2006-2010年国家发展计划》,当今政府认识到需要克服畏惧心理,迎接这一复杂挑战,为此,可通过采取多机构、多组织和多学科的办法,系统、持续地努力解决导致哥斯达黎加儿童和未成年人从事商业性剥削的根本原因,并通过开展更有效的机构行动,来防止并应对这一问题,确保受害者得到保护及其权利得到维护。
The current Government, under the National Development Plan 2006-2010, recognizes the need to overcome fear and to face this complex challenge through an inter-agency, inter-organizational and interdisciplinary approach, in a systematic and sustained effort to tackle both the underlying structural reasons and the proximate causes of commercial sexual exploitation of children and adolescents in Costa Rica, and through more effective institutional action, both to prevent and respond to the problem, and to ensure that victims are protected and their rights defended.
哥斯达黎加已成为一个公开允许包括未成年人在内从事性旅游产业的外来人口旅游目的地。
The current Government, under the National Development Plan 2006-2010, recognizes the need to overcome fear and to face this complex challenge through an inter-agency, inter-organizational and interdisciplinary approach, in a systematic and sustained effort to tackle both the underlying structural reasons and the proximate causes of commercial sexual exploitation of children and adolescents in Costa Rica, and through more effective institutional action, both to prevent and respond to the problem, and to ensure that victims are protected and their rights defended.
1. 预防
Costa Rica has been promoted as an exotic and permissive tourist destination that openly tolerated sexual tourism involving minors.
- 开展了题为“保护儿童与青少年免受旅游业商业性剥削的行为守则”的项目,10家旅行社、汽车租赁公司以及2家出租车公司执行参与了项目;
In 1996, under the leadership of PANI, this situation was publicly denounced and a national commission was established, with inter-institutional participation by NGOs and international organizations, under the name of the National Commission to Combat the Commercial Sexual Exploitation of Children and Adolescents (CONACOES).
- 公共工程与交通部的公共运输理事会同意,因商业性剥削而使用出租车的现象可吊销其出租车执照;
The National Plan against Sexual Exploitation of Children and Adolescents puts forward three main areas of action: (1) Prevention; (2) Legal reforms and repression; and (3) Victim support.
- 编制预防和信息材料,并广泛散发:海报、小册子、广告牌等;
The Plan and CONACOES have achieved the following:
- 在报纸、电台和电视登载预防广告;
Prevention
- 在各地上映影片《密码》,并在论坛对此进行讨论。
Four national prevention campaigns have been held and have been replicated at the regional and local levels; 400 inspections have been carried out annually; Training and awareness workshops (over 160 in all) have been held for over 10,000 people (from civil society and public bodies); A project has been implemented for child safety on the Internet; Over 60,000 children and adolescents have taken part in workshops to discuss their rights; A project has been carried out under the title “Code of conduct for the protection of children and adolescents against commercial sexual exploitation in tourism”, with the participation of 10 tour operators, car rental companies and 2 taxi companies; The Public Transport Council of the Ministry of Public Works and Transportation has agreed that the use of taxis for purposes of commercial sexual exploitation constitutes grounds for the withdrawal of taxi licences; Prevention and information materials have been produced and widely distributed: posters, brochures, billboards, etc.; Prevention advertisements have been produced for the press, radio and television; The Costa Rican Tourism Institute has included the protection of children and adolescents on its website; Radio programmes and a video clip (entitled “Hey You”) for adolescents have been produced; The film “Password” has been distributed and discussed in forums.
2. 法律改革
Legal reforms
- 1999年通过了《打击对未成年人的商业性剥削法案》(第7899号法案);
The Act against the Commercial Sexual Exploitation of Minors (Act No. 7899), adopted in 1999; Executive Decree No.
- 第31763-MP-SP-S-MNA号总统令——《监督和管理提供公众互联网服务的场所的条例》;
31763-MP-SP-S-MNA, Regulations to Monitor and Regulate Premises Offering Public Internet Service; Executive Decree No. 31764 of 2004, Regulations for Video and Computer Game Rooms and classification of games by level of violence; Act No. 8590 criminalizing possession of child pornography; In addition, the amendments to criminal provisions described above.
3. 制止
Repression
1999年至2006年9月期间,共有65人被控犯有性交易罪,其中包括:
From 1999 to September 2006 there were 65 cases of persons prosecuted for the offence of engaging in paid sexual relations, including:
- 刑事法院的6起起诉正等待确定审判日期;
35 convictions; 10 cases pending; 5 cases tried in absentia; 1 case dismissed with prejudice: 1 case withdrawn with diversion from prosecution; 6 indictments in criminal court pending the setting of trial dates; and 6 acquittals.
全国儿童慈善机构与公安部携手开展了280项检查,比如:夜总会、酒吧和妓院。
PANI, working with the Ministry of Public Security, carried out 280 inspections, for example in nightclubs, bars and brothels.
- 有65起关于传播儿童色情制品的起诉;
As for child pornography, the following cases have been brought:
- 有21起关于编写或制作色情制品的起诉。
65 complaints of dissemination of pornography; 21 complaints of preparation or production of pornography.
4. 支助
Support
重要的成就包括:
Important achievements include:
- 全国儿童慈善机构/哥斯达黎加大学与劳工组织废除童工国际计划为受害人制定了一种护理模式;
The drafting of guidelines by PANI, the Ministry of Public Education, the Ministry of Health and the Ministry of Public Security; The development of a care model for victims by PANI/University of Costa Rica and ILO/IPEC; Administrative protection measures for the persons concerned; A map of trafficking in persons (commercial sexual exploitation); The launching by PANI of the Programme for the Comprehensive Care of Children and Adolescents who are at Imminent Risk and Most Vulnerable; Steps to establish a national coalition to combat the smuggling of migrants and trafficking in persons; Active participation in drafting the Inter-Agency Protocol for the Repatriation of Victims of Trafficking.
- 制定各项措施,以建立一个国家联盟来打击偷运移徙者和贩运人口的现象;
CONACOES is in the process of drafting the new National Plan to Combat Commercial Sexual Exploitation 2006-2010.
- 积极参与《遣返贩运受害人的机构间协议》的起草工作。
The plan has the following characteristics:
- 是全国打击对儿童和青少年的商业性剥削委员会基于协商一致意见的一项提案,其中概述了2007年至2010年间国家通过的各项措施,这些措施旨在更有效地促进/预防对儿童和青少年的商业性剥削,为其提供援助、并保护和维护受害者的权利;
It is a consensus-based proposal by CONACOES outlining measures to be adopted by the State from 2007 to 2010 and aimed at more effective promotion/prevention and assistance in connection with the commercial sexual exploitation of children and adolescents and the protection and defence of victims' rights; It is operational, defines duties and responsibilities, and coordinates action; It takes account of the legal, political, institutional and technical environment; It is the outcome of an agreement reached by the CONACOES working group; It is a useful means of intersectoral and inter-agency coordination; It covers a three-year period.
- 它考虑了法律、政治、体制和技术环境;
The strategic themes of the new plan are: