Sexual exploitation of children in europe: Child pornography

Abstract

Summary: This article is taken from a report entitled: Rhetorics and Realities: Sexual Exploitation of Children in Europe, of a study funded by the European Commission under the STOP Programme. It begins by re-visiting the knowledge base of child pornography and addresses a range of issues including: children's access to pornography; law enforcement and European policy. The article concludes with a number of pertinent questions which need both attention and answers.     

网络规制立法问题研究——以言论自由保护为视角

在网络规制过程中,既要实现秩序与安全又要保障公民的言论自由.以言论自由保护为视角观察我国网络规制立法存在的问题会发现,目前,在网络规制立法领域存在立法层级低、立法主体混乱以及立法程序欠缺民主要素等问题.本文分析了网络规制立法的必要性以及存在的问题,并提出了相关的解决思路.     

言论自由、出版自由、新闻自由的主体及其法律保护

言论自由的主体是自然人 ,出版自由的主体是自然人和法人 ,新闻自由的主体是法人。法律应当对言论区别不同类型给以相应的保护 ;对出版自由 ,法律既要保护 ,又要限制 ,但二者的界限尚有待明确 ;法律对新闻自由在保护的同时 ,要注意它与公民个人权利、与国家权力、与公众人物的利益发生冲突时应采取不同的调整手段。     

The role of cognitive distortions in paedophilic offending: Internet and contact offenders compared

Abstract

Cognitive distortions are held to contribute to sexual offending against children in a number of theoretical explanations of such crimes. However, not only is there little or no direct evidence in support of the centrality of cognitive distortions in offending but recent research has questioned whether the concept has explanatory power. Cognitive distortions are variously seen as necessary for the offender to offend against children, as post-offending justifications for the offence, or as reflecting distorted patterns in the offender's upbringing. This paper explores the role of cognitive distortions in sex offending by comparing the distortions of contact sex offenders against children with Internet child pornography offenders without contact offences against children. A new cognitive distortions questionnaire was developed which was suitable for administration to Internet offenders who had no contact offences against children as well as being suitable for contact offenders. It was found that some cognitive distortions are frequently agreed with by sex offenders against children whereas others were seldom or never agreed with. Little support was found for earlier typological approaches to the cognitive schema of sex offenders against children. Contrary to the expectation that contact offenders would have more cognitive distortions, it was found that Internet offenders had more cognitive distortions that children are sexual beings. Furthermore, there were no differences in cognitive distortions justifying the offence. However, offenders with a previous history of offending were more likely to admit to cognitive distortions which justify their offending. It is accepted that cognitive distortions are readily recognized in interviews with sex offenders against children. Nevertheless, it is argued that there is a need for new research to stimulate a new understanding of the nature and role of cognitive distortions in sex offending.     

Significance of Family Risk Factors in Development of Childhood Animal Cruelty in Adolescent Boys with Conduct Problems

The literature suggests that physical child abuse, sexual child abuse, paternal alcoholism, paternal unavailability, and domestic violence may be significant in development of childhood animal cruelty. Two groups of early- to late adolescent boys (CTA and N-CTA) in residential treatment for conduct disorder were compared in the current study on histories of these family risk factors. The adolescents in Group 1 were comprised of boys who had conduct problems with documented histories of animal cruelty (n = 50; CTA). Group 2 consisted of adolescent boys (n = 50; N-CTA) with conduct problems, but without documented histories of animal cruelty. Results showed that children in the CTA group had significantly greater histories of physical and/or sexual child abuse and domestic violence in comparison to children in the N-CTA group. These results suggest that physical and/or sexual abuse to a child, and exposure to domestic violence, may be significant in the development of childhood animal cruelty.     

A psychometric comparison of internet and non-internet sex offenders from a community treatment sample

Abstract

This paper compares psychometric test assessments of 39 men convicted of internet sex offences with 39 convicted of contact offences against a specific victim. Higher rates of socially desirable responding were identified in the internet group, as well as higher rates of emotional loneliness and under assertiveness, although the latter two findings were not statistically significant. This group also achieved lower scores measuring external locus of control, which might reflect their generally higher levels of education and employment (identified from research carried out in tandem with this work). The internet group achieved lower scores on sexualized attitudes towards children, emotional congruence with children and empathy distortions with regard to victims of child abuse. Hence, although they exhibited the kinds of general personality problems exhibited by other sex offenders, they did not support attitudes that explicitly endorse or condone the sexual abuse of children. This paper presents some hypotheses about these results and identifies further research necessary to develop understanding about this new kind of sexually abusive behaviour.     

论网络侵权中的通知规则

网络侵权是发生在互联网这一特殊平台上的新型侵权形态,其具有侵权主体匿名性、传播快捷性、影响广泛性和不可逆转性、造成后果严重性等特征。网络侵权通常都涉及直接侵权人和网络服务提供者,而网络服务提供者与侵权行为实施者在主观心态、损害预防能力和效果上都存在重大差异,网络侵权责任承担区别于一般侵权。通知规则作为网络侵权中的一般规则决定了网络服务提供者承担责任的界限,明确通知规则的产生、发展与责任特征以及与此相关的反通知规则及其效力,对于理解网络服务提供者违反通知规则的责任具有重要意义。     

Adolescent Physical Abuse: Age at Time of Abuse and Adolescent Perception of Family Functioning

The relationship between physical abuse and family functioning was investigated in a comparative study of victims of adolescent physical abuse. The sample consisted of 99 physically abused adolescents and 99 nonabused adolescents who were administered the Parental Bonding Instrument (PBI) and Family Adaptability and Cohesion Evaluation Scale (FACES III). These measures assess family functioning in terms of adolescents' perception of their family's cohesiveness, flexibility, and the degree to which their parents provide care and protection. The relationship between family functioning and physical abuse, severity of abuse, and date of abuse onset was investigated. Abused adolescents perceived their families as significantly less adaptable, less cohesive, and less balanced than the comparison adolescents. Fathers and mothers of abused adolescents were viewed as less caring; abuse group fathers were also viewed as more overprotective. Family functioning was not different when childhood-onset abuse was compared to adolescent-onset abuse. Severity of abuse also did not differ in the childhood and adolescent onset groups. It was concluded that physically abused adolescents view their families as rigid, and their parents as emotionally unavailable. Treatment needs and intervention strategies for these families are outlined.     

论表达自由的界限（上）——从比较法、特别是普通法的视角切入

表达自由是自由社会的人们享有的一项带有普遍性的、根本性的权利,通常表现为宪法或法律规定的权利。鉴于各国政治和法律体制以及文化环境之不同,人们享有该项权利的普遍性和充分性存在很多差别,因此,可从比较法,特别是普通法的角度关注该项根本权利的行使及对其设定的界限和施加的限制,集中展示强加这等界限或限制的法理学说、理据以及方法和途径,并分析提出具有普遍意义的结论。     

论表达自由的界限（下）——从比较法、特别是普通法的视角切入

表达自由是自由社会的人们享有的一项带有普遍性的、根本性的权利,通常表现为宪法或法律规定的权利。鉴于各国政治和法律体制以及文化环境之不同,人们享有该项权利的普遍性和充分性存在很多差别,因此,可从比较法,特别是普通法的角度关注该项根本权利的行使及对其设定的界限和施加的限制,集中展示强加这等界限或限制的法理学说、理据以及方法和途径,并分析提出具有普遍意义的结论。     

Policies and Developments Relating to the Sexual Exploitation of Children: The Legacy of the Stockholm Conference

This article begins by noting the huge amount of attention that is now being paid at almost every level – international, European, national and by independent organisations and NGOs – to the growing problem of international child sexual exploitation and considers why this is the case. It then comments briefly on what we mean by international sexual exploitation, noting that different definitions are used. The main part of the article reviews developments in this field, beginning with the main international measure: the 1989 UN Convention on the Rights of the Child and then goes on to review the 1996 First World Congress Against Commercial Sexual Exploitation (the Stockholm Congress). After that some key measures subsequently adopted at international and national level, as well as by the European Union (which is increasingly taking international child sexual exploitation within its remit) are outlined. Lastly, some final thoughts are set out in the conclusion.     

论作为人权和公民权的表达权

党的十七大报告首次提出保障公民的表达权的概念和承诺.表达自由是首要的基本人权和公民权,是公民实现政治参与的前提.其中言论自由是表达自由的核心,是公民参与政治、监督国家、实现当家作主的必由之路,是推进先进思想文化和人类精神境界的动力.新闻自由则是作为人民对政府和公众人物进行舆论监督的镜鉴.而没有出版自由,则其他一切自由都是泡影.论述体现在这三方面的表达自由的理念和规范.