Additional Guarantees for Protecting Children from Sexual Violence

The Ministry of Internal Affairs has developed and posted on the e-draft.am website a draft law on amendments and supplements to the Criminal Code of the Republic of Armenia, aimed at creating additional guarantees to protect children from sexual exploitation and sexual violence. This includes establishing more legislative grounds to exclude the practice of exempting individuals who commit offenses against children from criminal liability.

This information was provided by the Ministry of Internal Affairs. The new Criminal Code of Armenia allows for reconciliation between the victim and the perpetrator, as well as the possibility of exempting an individual from criminal liability based on effective remorse.

Currently, there is a situation in legal practice where individuals who have committed crimes against 14-16-year-old children have been exempted from criminal liability on the basis of effective remorse or reconciliation with the minor victim, solely relying on the child's expression of will. Such practices have also been recorded in cases of domestic and household violence against children.

This practice does not align with internationally recognized principles regarding the best interests of the child and the demands of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (the Lanzarote Convention), and contradicts fundamental principles and interests of justice.

Moreover, studies of international practices show that all EU countries, the USA, Canada, Australia, and several other countries impose strict penalties for crimes against children's sexual integrity and do not condition the protection of children on their discretion or the implementation of reconciliations.

In line with the requirements of the Lanzarote Convention and international best practices, the Ministry of Internal Affairs proposes to establish criminal liability for the use of services provided by children involved in prostitution, and to exclude cases of exempting from criminal liability individuals who commit crimes against sexual freedom and sexual integrity of children based on effective remorse or reconciliation with the victim.

The draft can be reviewed at the following link: https://www.e-draft.am/projects/8025. The Ministry of Internal Affairs invites comments and suggestions regarding the draft to be submitted through the e-draft.am website by December 18.