Part 1: International Conventions dealing with sexual violence on children

April 18, 2023

The boring part... There are a number of international conventions we first need to mention, before we can get into the story of how Switzerland is structurally and knowingly violating its international obligations to protect children from sexual violence.

This is part 1 of the 5 part series.

If you do not want to get into the legality of things, that's fine, I totally understand. I too would prefer doing something else in life. Nevertheless, it governs how our societies are supposed to deal with sexual violence on children. And thus, I feel it is important to at least give you the opportunity to go read them.

Council of Europe

The two main instruments by the Council of Europe are the Lanzarote and Istanbul conventions.

Lanzarote convention

Its full name is: Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201)

You can read the convention here. You can read the explanatory report of the convention here.

The Lanzarote convention requires criminalisation of all kinds of sexual offences against children. It sets out that states in Europe and beyond shall adopt specific legislation and take measures to prevent sexual violence, to protect child victims and to prosecute perpetrators.

Switzerland ratified this executionary convention in 2014, WITH RESERVATIONS, being Switzerland may choose to not prosecute a perpetrator if:

the perpetrator's habitual residence is in Switzerland. This means: you live in Switzerland and commit sexual violence towards a child, you may not get prosecuted.
the perpetrator before committing the sexual violence solicited the child through non face-to-face methods. Through a chat room for example. This means: If before committing an act of sexual violence towards a child you discussed it not face-to-face with the child, you may not get prosecuted.
the perpetrator produced, or has for personal use, child pornography with a child's consent when the child is deemed having reached the age of reason. This age of reason is an appreciation by a judge, which the federal tribunal has jurisprudence about being 10 years old and indicating this can be sometimes younger. This means: if a child of 10 years old (or sometimes younger) consents in a non face-to-face manner to it being part of a pornographic production by you and/or to its pornographic material being used by you personally, you may not get prosecuted

If by now you are not hanging over the toilet throwing up about the permissiveness of sexual violence on children in Switzerland, I apologise for my judgement about you, but I find you are sick in the head.

This is only part of the reason why known child sex offenders flock for freedom in Switzerland. High profile people who describe child pornography between them and a child as artistic expressions of beauty, or of mutual consent, can get jolly on with sexually abusing children. Disgusting doesn't cut it!

Now, who is responsible in Switzerland to document these matters? According to the ratification instrument of Switzerland: The Federal Office of Police (FEDPOL) of the Federal Department of Justice and Police. I've already hinted at and will show later on in this blog that FEDPOL claims no authority or responsibility whatsoever.

As sex offender towards children, you have very little chance of ever getting listed, let alone prosecuted, in or by Switzerland.

The Istanbul convention

Its full name is: Council of Europe Convention on preventing and combating violence against women and domestic violence (CETS No. 210)

You can read the convention here. You can read the explanatory report of the convention here.

The Istanbul convention opens the path for creating a legal framework at pan-European level to protect women against all forms of violence, and prevent, prosecute and eliminate violence against women and domestic violence.

Now, about the latter part, the convention is naturally quite explicit in its anti-discrimination article 4: “Fundamental rights, equality and non-discrimination”. I feel it is too important to miss:

without discrimination on any ground such as sex, gender, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, sexual orientation, gender identity, age, state of health, disability, marital status, migrant or refugee status, or other status.

The convention includes violence against children, both boys and girls, and against men.

So what is violence according to the convention?

Violence shall mean all acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim.

It is forgotten that domestic violence is perpetrated in 47% of cases by females. Truth be told, physical violence is said to mostly come from males, but the convention also handles psychological violence, and this is a form of violence where women and mothers and daughters excel at. I feel it is important to remember: 47% of domestic violence, which includes psychological violence, perpetrated by females and 53% perpetrated by males. More on this topic and statistic later in the blog. Here I am discussing conventions governing sexual abuse on children.

Switzerland ratified this executionary convention in 2017, WITH RESERVATIONS, and it reconfirmed its reservations earlier this month, 01.04.2023 (no, not an April's fools joke). Switzerland's justification for its reservations is 90 pages long ! Switzerland may choose to not prosecute a perpetrator if:

the perpetrator's habitual residence is in Switzerland. This means: you live in Switzerland and commit domestic violence, you may not be prosecuted.
a to Switzerland minor offence is committed, defined as: intentional acts of physical violence against another person. This means: you hit your child or your partner in presence of your child, you may not be prosecuted.
if the perpetrator is considered of Swiss residence by Switzerland despite other claims by a foreign state or evidence to the contrary. This means: if Switzerland considers you unilaterally and regardless of evidence as resident and the victim is not resident, you may not be prosecuted.

So just like the convention of Lanzarote, known child sex offenders flock for freedom to Switzerland thanks to the exclusions.

Now, who is responsible in Switzerland? The Federal Office for Gender Equality. A Feminist bastion persecuting men, violating time and again article 4 of the convention. But more on that fact later in the blog with evidence at hand.

United Nations

In addition to the Convention on the Rights of the Child, Convention of New York for short, the United Nations has a number of resolutions, positions, organs, etc. discussing child sexual abuse. I'll try to cover the important bits.

The convention of New York

Its full name is: Convention on the Rights of the Child

You can read the convention here.

As the name implies, the convention is about the rights of the child. It discusses among many things child sexual abuse, and the rights of children victims.

I'll copy the articles pertaining to sexual abuse on children, and highlight.

Article 19 1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child. 2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.

Article 34 States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent: ( a) The inducement or coercion of a child to engage in any unlawful sexual activity; ( b) The exploitative use of children in prostitution or other unlawful sexual practices; ( c) The exploitative use of children in pornographic performances and materials.

Now, let me come back for a minute to the Lanzarote convention, and put the three (3) exclusions by Switzerland in the convention of Lanzarote in perspective of these United Nations article 34 points a, b and c.

When I wrote in an earlier post in not to be misunderstood terms that Switzerland has no place in harbouring the United Nations, this is one fine example as to why. Blatant Human Rights violations by the country who everyone blindly and unquestionably believes is (supposedly) the holy grail of human rights.

Are you still hanging over the loo tearing apart your guts about the sorry state of child protection from sexual abuse in Switzerland ? Me too !

Switzerland signed the convention in 1991, and ratified it in 1997. 6 years to ratify. I am certain it only shows Switzerland's commitment to the process, and by no means is a period of extensive checking by the Swiss state how to screw over the convention.

Switzerland made reservations. (Oh, there you have the screwing over of the convention in broad daylight part) Standard praxis by Switzerland to make reservations in everything it does internationally: We are part of the club so everyone can see how righteous we are, yet we make sure we, the Swiss, are not subject to it like the others...

In 2004 and 2007 Switzerland withdrew its reservations. good boy These reservations were in short:

for children to be excluded to have free legal assistance or to have an interpreter
no possibility of appeal or public hearing in certain criminal and civil cases
no guarantee children would not be imprisoned with adults.

good boy ? I can attest from personal experience and having been duly informed of plethora other cases that children have been excluded from free legal assistance or interpreter, and that several civil and criminal cases have been without possibility of even a simple appeal or hearing. All the evidence to this in good time on this blog.

So, Swiss UN restrictions withdrawn, human rights still violated by Switzerland nonetheless.

Switzerland simply does not care about respecting international law, particularly when it is violating human rights.

If you don't understand it by now, well, what can I say. From here on forward it goes insult over injury as you'll read further in the blog. There should not be a single child in Switzerland given its appalling state of purposefully violating children's rights and integrity.

Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

This is an optional addition to the convention of New York discussed above.

You can read the protocol here.

It is best described in its article 2:

Article 2 For the purposes of the present Protocol: ( a) Sale of children means any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration; ( b) Child prostitution means the use of a child in sexual activities for remuneration or any other form of consideration; ( c) Child pornography means 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.

In an interesting twist, the convention in the same article links child kidnapping (a) and sexual violence (b and c). The convention is more then sexual violence alone, it will be important when we discuss structurally organised child kidnapping by Switzerland.

Also important is that money is not the object. Other considerations also validate the execution of the convention, such as:

underdevelopment, poverty, economic disparities, inequitable socio-economic structure, dysfunctioning families, lack of education, urban-rural migration, gender discrimination, irresponsible adult sexual behaviour, harmful traditional practices, armed conflicts and trafficking in children

The purpose of the protocol is to achieve protection for the rights and interests of child victims.

Governments must provide legal and other support services to child victims. This obligation includes considering the best interests of the child in any interactions with the criminal justice system. Children must also be supported with necessary medical, psychological, logistical and financial support to aid their rehabilitation and reintegration. As a complement to the Convention on the Rights of the Child, interpretation of the Optional Protocol’s text must always be guided by the principles of non-discrimination, best interests of the child, survival and development, and child participation.

Now, going forward there is one article of utmost importance; article 8.1.f:

Providing, in appropriate cases, for the safety of child victims, as well as that of their families and witnesses on their behalf, from intimidation and retaliation;

As will be documented throughout this blog with documents and recordings, Switzerland does exactly the opposite.

Switzerland signed the convention the year it came out in 2000. good boy Switzerland ratified it in 2006, 6 years later. Remember comment above, same thing here. Not good boy.

Switzerland forgot to have any reservations. good boy So the whole convention is applicable without ... reservations.

But what does Switzerland do with it? Read above in the Council of Europe section. Blatant violation of its international responsibility. Perpetrators flock to Switzerland because it protects their sexual violence against children, and in the face of this additional protocol also child kidnapping.

Last word: UNICEF

Could UNICEF do anything about the above aberration?

Unicef has a separate department dealing with child sexual violence. It has published the Terminology Guidelines for the protection of children from sexual exploitation and sexual abuse

The inter-institutional working group on sexual violence towards children responsible for the publishing of the guidelines is based out of ... Geneva, Switzerland!

Unicef are based in Switzerland and as explained in previous posts just like the United Nations bound by Swiss law.

Unicef has in its reports since the 1980's highlighted that Switzerland is problematic, asking explicitly for Switzerland to remedy various matters with regards to children.

Do you think anyone cared, err, dared to publicly point a finger to Switzerland? Have you ever read or heard Unicef's reports on Switzerland?

It takes a nutcase (yours truly) setting aside personal life and aspirations to research and go through all those hundreds of pages of reports, and document the wrongdoing with recordings of authorities. Swiss authorities.

I contacted Unicef Switzerland back in 2020 about child rights violations in Switzerland in copy to state authorities. Never received any reply. We'll get to that much later in the blog, but I felt it important to at least mention it here.

Tags: #Rights #Sexual #Psychological #Kidnapping

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