The repression of the solicitation of children for sexual purposes online (grooming) in Burundian positive law

IF 3.6 1区数学 Q1 MATHEMATICS, APPLIED

Mathematical Models & Methods in Applied Sciences Pub Date : 2023-01-01 DOI:10.12988/ams.2023.917445

Donatien Ciza, Ildephonse Sindayigaya

{"title":"The repression of the solicitation of children for sexual purposes online (grooming) in Burundian positive law","authors":"Donatien Ciza, Ildephonse Sindayigaya","doi":"10.12988/ams.2023.917445","DOIUrl":null,"url":null,"abstract":"This study aims to analyze whether the law n°1/10 of March 22, 2022, on the prevention and repression of cybercrime, incriminates one of the new forms of exploitation and sexual abuse of children in this informational world: the solicitation of children for sexual purposes. A comparative analysis has allowed us to identify that the acts of soliciting children for sexual purposes are incriminated in article 44 of this law, but that they are poorly qualified. They are qualified as the publication of indecent information in electronic form. This, in our opinion, is wrong in its very substance as we have noted in our study. This being said, the current state of the literature in information and communication technology law uses appropriate terminology to qualify these types of facts which is the solicitation of children for sexual purposes. This is the case with some international legal instruments, as well as the Terminology Guide of the Intra-institutional Working Group, as we have noted. We conclude by inviting the Burundian legislator to remedy this situation. In this way, it would have contributed to more effective protection of children against all forms of sexual exploitation and abuse, if we use","PeriodicalId":49860,"journal":{"name":"Mathematical Models & Methods in Applied Sciences","volume":null,"pages":null},"PeriodicalIF":3.6000,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"3","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Mathematical Models & Methods in Applied Sciences","FirstCategoryId":"100","ListUrlMain":"https://doi.org/10.12988/ams.2023.917445","RegionNum":1,"RegionCategory":"数学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"MATHEMATICS, APPLIED","Score":null,"Total":0}

引用次数: 3

Abstract

This study aims to analyze whether the law n°1/10 of March 22, 2022, on the prevention and repression of cybercrime, incriminates one of the new forms of exploitation and sexual abuse of children in this informational world: the solicitation of children for sexual purposes. A comparative analysis has allowed us to identify that the acts of soliciting children for sexual purposes are incriminated in article 44 of this law, but that they are poorly qualified. They are qualified as the publication of indecent information in electronic form. This, in our opinion, is wrong in its very substance as we have noted in our study. This being said, the current state of the literature in information and communication technology law uses appropriate terminology to qualify these types of facts which is the solicitation of children for sexual purposes. This is the case with some international legal instruments, as well as the Terminology Guide of the Intra-institutional Working Group, as we have noted. We conclude by inviting the Burundian legislator to remedy this situation. In this way, it would have contributed to more effective protection of children against all forms of sexual exploitation and abuse, if we use

查看原文本刊更多论文

布隆迪实在法对在线引诱儿童进行性目的的压制

本研究旨在分析2022年3月22日关于预防和打击网络犯罪的第1/10号法律是否将信息世界中对儿童的一种新形式的剥削和性虐待定为犯罪:以性为目的引诱儿童。一项比较分析使我们能够确定，为性目的引诱儿童的行为在该法第44条中是有罪的，但这些行为是不合格的。它们以电子形式发布不雅信息是有资格的。我们认为，正如我们在研究中指出的那样，这在本质上是错误的。话虽如此，信息和通信技术法文献的现状使用适当的术语来限定这类事实，即为性目的引诱儿童。正如我们所指出的，一些国际法律文书以及《机构内工作组术语指南》就是这种情况。最后，我们请布隆迪立法者纠正这种情况。这样，如果我们使用，它将有助于更有效地保护儿童免受一切形式的性剥削和性虐待

本文章由计算机程序翻译，如有差异，请以英文原文为准。

求助全文

约1分钟内获得全文求助全文

来源期刊

Mathematical Models & Methods in Applied Sciences 数学-应用数学

CiteScore

6.30

自引率

17.10%

发文量

审稿时长

1 months

期刊介绍： The purpose of this journal is to provide a medium of exchange for scientists engaged in applied sciences (physics, mathematical physics, natural, and technological sciences) where there exists a non-trivial interplay between mathematics, mathematical modelling of real systems and mathematical and computer methods oriented towards the qualitative and quantitative analysis of real physical systems. The principal areas of interest of this journal are the following: 1.Mathematical modelling of systems in applied sciences; 2.Mathematical methods for the qualitative and quantitative analysis of models of mathematical physics and technological sciences; 3.Numerical and computer treatment of mathematical models or real systems. Special attention will be paid to the analysis of nonlinearities and stochastic aspects. Within the above limitation, scientists in all fields which employ mathematics are encouraged to submit research and review papers to the journal. Both theoretical and applied papers will be considered for publication. High quality, novelty of the content and potential for the applications to modern problems in applied sciences and technology will be the guidelines for the selection of papers to be published in the journal. This journal publishes only articles with original and innovative contents. Book reviews, announcements and tutorial articles will be featured occasionally.