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The 17-year-old Child An Absurdity of the Late 20th Century
No language in the world ever used the term “child” for persons beyond their early teens. No person beyond its early teens is a “child”.
It was the Convention on the Rights of the Child of 1989 which first did away with the distinction between children and adolescents and labelled all minors under 18 “child” (Art. 1).
The European Commission took this concept over into the criminal law area when it proposed an EU-Framework Decision on Combating the Sexual Exploitation of Children and Child Pornography in December 2000. This framework-decision obliges all the member states of the European Union to create certain sexual offences which goes far beyond what is known in that area in any European state so far.
The proposal of the Commission defined as “child” every person up to its 18th birthday (Art. 1 lit. a). It did not differentiate in any way between various age groups, i.e. it did not distinguish between children on the one hand and adolescents on the other. The proposal treated a 17-year-old young man in the same way as a 5 year old child.
This implementation of the same criteria for sexual protection and abuse to a five-year-old child and a 17-year-old adolescent leads to absurd and dangerous consequences.
No language in the world ever used the term “child” for persons beyond their early teens. No person beyond its early teens is a “child”.
It was the Convention on the Rights of the Child of 1989 which first did away with the distinction between children and adolescents and labelled all minors under 18 “child” (Art. 1).
The European Commission took this concept over into the criminal law area when it proposed an EU-Framework Decision on Combating the Sexual Exploitation of Children and Child Pornography in December 2000. This framework-decision obliges all the member states of the European Union to create certain sexual offences which goes far beyond what is known in that area in any European state so far.
The proposal of the Commission defined as “child” every person up to its 18th birthday (Art. 1 lit. a). It did not differentiate in any way between various age groups, i.e. it did not distinguish between children on the one hand and adolescents on the other. The proposal treated a 17-year-old young man in the same way as a 5 year old child.
This implementation of the same criteria for sexual protection and abuse to a five-year-old child and a 17-year-old adolescent leads to absurd and dangerous consequences.