Armenia’s Ministry of Justice wants to tighten criminal liability for cases when a sexual crime against a child is committed by an employee of an educational, care, medical institution or another person who enjoys the child’s trust.

The draft bill also proposes to establish criminal liability for failing to report sexual crimes committed or planned against a minor. The amendments to Armenia’s current laws are based on  problems recorded by the European Court of Human Rights (ECHR) and Armenia’s international obligations.

In Armenia, the prohibition of violence against children and guarantees for their protection are provided for by a several laws, including the Family Code, laws regulating the protection of children's rights, and the Criminal Code. The ECHR, however, in a sexual crime case it reviewed found that Armenia’s current legislation and the practice of its application do not fully ensure the protection of children from sexual violence. The ECHR noted that Armenia does not sufficiently fulfill its obligations to protect children, reports of violence are not always investigated quickly and effectively, and the existing legal mechanisms do not provide sufficient results in practice.

According to the justifications of the draft, the Republic of Armenia, being a party to the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, is obliged to establish criminal liability not only for sexual violence or coercion, but also for cases when acts of a sexual nature against a child are committed through the abuse of a position of trust, power or influence. Such an approach is based on the fact that most cases of sexual violence against children are committed by people whom the child knows and trusts.

The Lanzarote Committee, a Council of Europe  body established to monitor whether Parties effectively implement the Lanzarote Convention whereby states agree to criminalize certain forms of sexual abuse against children, also addressed this issue, noting that the “circle of trust” includes not only family members, but also those who care for, educate or supervise the child, teachers, health workers, social workers, family friends, neighbors and even peers whom the child trusts. The Committee emphasized that for the effective protection of children, it is necessary for the law to provide for special liability for cases when these very people commit such crimes.

In Armenia’s current Criminal Code, in the case of a number of crimes against sexual freedom and sexual integrity, separate liability is not provided for in situations when they are committed against a child by an employee of an educational, care, social protection or medical institution, as well as by a person who is responsible for the upbringing, care or treatment of the child.

The ECHR also emphasized that in the case it reviewed, “A.P. v. Armenia”, that the state is obliged to protect children from sexual abuse by creating effective criminal legal mechanisms and considering the vulnerability of the child. According to the Court, such protection is possible only if the criminal legislation allows for an appropriate response also to cases where the crime was committed by a person who has influence over the child.

In addition, Armenia’s current Criminal Code provides for liability only for failure to report a crime of sexual violence to the competent authorities. In fact, in the case of other sexual crimes, liability is not provided if any person, including an employee of an educational, care, social protection or medical institution or a person responsible for the upbringing, care or treatment of a child, is informed about a crime that is being prepared, is being committed or has already been committed, but does not report it to the competent authorities.

The proposed bill envisages to establish stricter liability in the articles of the Criminal Code on crimes against sexual freedom and sexual integrity for cases when the crime was committed against a child by an employee of an educational, care, social protection or medical institution or a person to whom the child has entrusted his/her position.