Child pornography and prostitution: is this crime or work that should be regulated?

Purpose - The International Labour Organisation (ILO) adopted a new Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (No. 182) in 1999. The aim of this paper is to analyse the United Nations (UN), ILO, Council of Europe (COE) instruments related to child exploitation and discuss whether child pornography and prostitution are economic crime or work that should be regulated. Design/methodology/approach - This paper compares the definitions of child pornography and prostitution and child labour in the UN, ILO, COE instruments. Findings - Although child labour does not imply child prostitution and pornography, the Convention No. 182 Article 3 includes child prostitution and pornography in the term “child labour” and identifies child pornography and prostitution as among the worst forms of child labour. The paper concludes that, no matter what role the children have in participating in the sexual activities, they should be viewed as victims and witnesses. They should not be viewed as “sex workers” or “child labourers”. The view that sexual exploitation of children is a kind of labour might be seen to legitimise it in some countries and might cause more trauma for children. Originality/value - This paper argues that the ILO should have either considered child pornography and prostitution as a kind of modern slavery in a separate paragraph in the C. 182 or introduced a separate instrument to combat against child sexual exploitation.