Aviso n.º 32/2008, de 01 de Fevereiro de 2008
Aviso n. 32/2008
Por ordem superior se torna público ter os Estados Unidos da América depositado, junto do Secretário-Geral das Naçóes Unidas, em 23 de Dezembro de 2002, o seu instrumento de ratificaçáo ao Protocolo Facultativo à Convençáo sobre os Direitos da Criança Relativo à Venda de Crianças, Prostituiçáo Infantil e Pornografia Infantil, adoptado em Nova Iorque em 25 de Maio de 2000.
Notificaçáo
To the extent that the domestic law does not provide for jurisdiction over an offense described in Article 3(1) of the Protocol if the offense is committed on board a ship or aircraft registered in the United States, the obligation with respect to jurisdiction over that Offense shall not apply to the United States until such time as the United States may notify the Secretary-General of the United Nations that United States domestic law is in full conformity with the requirements of Article 4(1) of the Protocol.
Understandings
The Senate's advice and consent is subject to the following understandings:
(1) No assumption of obligations under the Convention on the Rights of the Child.- The United States understands that the United States assumes no obligations under the Convention on the Rights of the Child by becoming a party to the Protocol.
(2) The term 'child pornography'.- The United States understands that the term 'sale of children', as defined in Article 2 (a) of the Protocol, is intended to cover any transaction in which remuneration or other consideration is given and received under circumstances in which a person who does not have a lawful right to custody of the child thereby obtains de facto control over the child.
(3) The term 'child pornography'.- The United States understands the term 'child pornography', as defined in Article 2(e) of the Protocol, to mean the visual representation of a child engaged in real or simulated sexual activities or of the genitalia of a child where the dominant characteristic is depiction for a sexual purpose.
(4) The term 'transfer of organs for profit'.- The United States understands that:
(A) The term 'transfer of organs for profit', as used in Article 3 (1) (a) (i) of the Protocol, does not cover any situation in which a child donates an organ pursuant to lawful consent; and
(B) The term 'profit', as used in Article 3 (1) (a) (i) of the Protocol, does not include the lawful payment of a reasonable amount associated with the transfer of organs, including any payment for the expense of travel, housing...
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