Individual complaints and model questionnaire
The Commission on Human Rights has "requested the Special Rapporteur, in carrying out his mandate, to continue to seek and receive credible and reliable information from Governments, United Nations bodies, specialised agencies and intergovernmental and nongovernmental organisations". (Commission resolutions 1993/82, 1994/92).
The Special Rapporteur on the sale of children, child prostitution and child pornography would like to encourage the abovementioned actors, as well as individuals, to submit to her any reliable information they may possess with regard to violations of children's rights of this nature. For this purpose the Special Rapporteur has developed this information sheet to facilitate the submission of information. Subsequently, the Special Rapporteur may decide to raise with Governments to request their comments and observations on the matter.
The questionnaire below should be sent to:
Special Rapporteur on the sale of children, child prostitution and child pornography
c/o Office Of the High Commissioner for Human Rights
United Nations at Geneva
814 ave de la Paix
1211 Geneva 10
Fax: (+41 22) 917 90 06
Email: firstname.lastname@example.org (please include in the subject box: Special Rapporteur on the sale of children, child prostitution and child pornography)
The Special Rapporteur undertakes action in the following cases:
- sale of children: "any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration"
(Sale of children could be for purposes of i.e, commercial sexual exploitation, use in criminal activities, begging, use in armed conflict, for sports, forced labour, for adoption, for marriage, for the use of their organs, or for other purposes)
- child prostitution: "the use of a child in sexual activities for remuneration or any other form of consideration."
- child pornography: "any representation, by whatever means, of a child engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes."
- trafficking of children for the purposes outlined above
- sexual abuse against children when there are allegations of trafficking
- where a child is at serious risk of being victim of such offences
A summary of communications sent and the replies received from the concerned State since the last reporting period are included in the Communications report submitted to the Human Rights Council. Please note that, as a general rule, communications remain confidential until published.
The objective of this questionnaire is to have access to precise information on alleged violations of the rights of the child. The Special Rapporteur may raise his concerns about the incidents reported and request Governments to make observations and comments on the matter.
If any information contained in the questionnaire should be kept confidential please mark "CONFIDENTIAL" beside the relevant entry.
Do not hesitate to attach additional sheets, if the space provided is not sufficient.
If you have any questions concerning the completion of this form, please do not hesitate to contact the Special Rapporteur.
Information Sheet Questionnaire
1. GENERAL INFORMATION
Does the incident involve an individual or a group?
If it involves a group please state the number of people involved and the characteristics of the group: Number of boys/adolescents:
Number of girls/adolescents:
Country(ies) in which the incident took place:
Nationality(ies) of the victim(s):
2. IDENTITY OF THE PERSONS CONCERNED
Note: if more than one person is concerned, please attach relevant information on each person separately.
Birth date or age:
Ethnic background (if relevant):
3. INFORMATION REGARDING THE ALLEGED VIOLATION
Place (location country/countries):
The nature of the incident (please describe the circumstances with reference to the categories listed under General Information)
Number of perpetrator(s):
Are the perpetrator (s) known to the victim?
Nationality of perpetrator (s)
Agents believed to be responsible for the alleged violation:
State agents (specify):
Non State agents (specify):
If it is unclear whether they were state or nonstate agents, please explain why.
If the perpetrators are believed to be Stateagents, please specify (military, police, agents of security services, unit to which they belong, rank and functions, etc.), and indicate why they are believed to be responsible; be as precise as possible.
If an identification as State agents is not possible, do you believe that Government authorities or persons linked to them, are responsible for the incident, why?
If there are witnesses to the incident, indicate their names, age, relationship and contact address. If they wish to remain anonymous, indicate if they are relatives, bypassers, etc.; if there is evidence, please specify.
4. STEPS TAKEN BY THE VICTIM, HIS/HER FAMILY OR ANY ONE ELSE ONHIS/HER BEHALF?
Indicate if complaints have been filed, when, by whom, and before which State authorities or competent bodies (i.e, police, prosecutor, court)
Other steps taken
Steps taken by the authorities:
Indicate whether or not, to your knowledge, there have been investigations by the State authorities; if so, what kind of investigations? Progress and status of these investigations; which other measures have been taken?
In case of complaints by the victim or its family, how have those authorities of other competent bodies dealt with them? What has been the outcome of those proceedings?
5. IDENTITY OF THE PERSON OR INSTITUTION SUBMITTING THIS FORM
Status: individual, group, nongovernmental organization, intergovernmental agency, Government. Please specify:
Contact number or address (please indicate country and area code)
Please state whether you want your identity to be kept confidential
Date you are submitting this form
Signature of author