On the “Law on the Ratification the Council of Europe Convention on the “Protection of Children against Sexual Exploitation and Sexual Abuse”

The “Law on the Ratification the Council of Europe Convention on the “Protection of Children against Sexual Exploitation and Sexual Abuse” was presented for the President’s signature on May 12, 2020.

Before the Law was adopted by the National Assembly, the Constitutional Court examined it and in its decision dated March 31, 2020 ruled that obligations assumed under the Convention do not contradict the Constitution of the Republic of Armenia.

The Convention underscores that children’s well-being and best interest constitute basic values for all states-members of the Council of Europe. The Convention is of preventive nature related to the risks of child abuse, informing children on the ways of self-defense and is important for the protection of the victims.

Armenia joined the Council of Europe almost 20 years ago, and in this period of time adopted, also through multiple conventions, the basic values of this most significant from the viewpoint of the protection of human rights Organization and its 47 member states, remaining, at the same time, unwaveringly true to and defending its national system of values.

In that system of values, the family, children, their safety and health have always been in the center of attention of our state, Armenian Apostolic Church, each and every one of us. Because of this attention and responsibility, the topic regulated by the Convention is of a special sensitivity for us and our society has expressed concerns and raised questions related to its application.

However, it is obvious that answers to that questions should have been given in 2010 when the Convention was signed as well as during the previous ten years before it was ratified at the National Assembly.

It is commendable that responding to publicly voiced criticism and various comments, the responsible officials made promises to give in the future preference to the solutions which will have been universally approved. It would be even more beneficial, certainly, if the process of ratification of the Convention was accompanied by a previously developed, strict, and definite concept coherent with these promises.

To alleviate concern of the society and to implement to its best the obligations assumed in the framework of the Convention, it is necessary that relevant bodies examine in detail and analyze at the expert level methods of application of the Conventions and possible consequences, capabilities and competences of Armenia’s healthcare, social, and law enforcement structures and develop a precise plan of implementation of the legal and practical steps envisaged by the Convention.

The Convention, judging from the attached clarification, reserves for the states broad discretionary powers which means that the Republic of Armenia can choose the most justified options, based on the analyses of other countries’ experience, conclusions of narrow specialists, especially child psychologists, legal experts, educators, and sociologists.

Measures aimed at the implementation of the Convention should be developed by the relevant experts with the most active participation of different social groups and based on public discussions, having in mind the objective of the best protection of children’s rights. Solutions should be found which will be in line with our notions related to our state, statehood, national values, culture, future, and children.

In the process of developing measures for the implementation of the Convention, the primary role of the family/parents in the issues related to the education and raising children must be preserved unequivocally as well as the principle of responsibility, cooperation of the state and educational structures and coordinated work must be upheld unconditionally.

Over all, the assumed responsibilities should be carried out “preserving the relevant constitutional values” reflected in the decision of the Constitutional Court and “…necessary legal guarantees and legal practices should be coherent with the legal positions expressed in this decision.”

The President of Armenia has constantly attached particular attention to all issues related to children, especially in the framework of Presidential initiatives defined events related to children’s education, health, safe and happy childhood as the main priority.

On the issues of signing the law on the ratification of the Convention, the President’s position is crystal clear: there is a decision that the Convention is in line with the Constitution and to give in to certain appeals and not sign the law on ratification will indicate avoiding the responsibility which contradicts the constitutional and personal responsibilities, President’s perceptions and work style applied so far.

With this regard, the President of the Republic has underscored on multiple occasions the importance of a considerate attitude toward children and noted that they are the most precious citizens of the Republic of Armenia, the future of our country and our attitude toward them manifests our love, respect, and care for our country.

The President of Armenia is confident that now, ten years after the Convention was signed, it is the time to fill in productively for the time wasted and from this moment on our main work on the children’s education and protection begins.

The President calls for cooperation of all interested structures, organizations and individuals, including through presenting concerns and proposals to the Presidential Administration and implementation of joint programs. In this process, the President views as important everyone’s attention directed at the implementation of the Convention and public oversight which is our common duty.

The President of Armenia has signed today the “Law on the Ratification the Council of Europe Convention on the “Protection of Children against Sexual Exploitation and Sexual Abuse” and ratification paper.

The President of Armenia will continue within the scope of the authorities vested in him by the Constitution to keep in the center of his personal attention a conscientious and responsible implementation of the Convention and follow it strictly, based on the perception that family and children are the greatest assets as it is reflected in our national character.