Criminalization of Childlike Sex Dolls under International and EU Law

Abstract

Abstract Recent years have witnessed the emergence of a market in childlike sex dolls. Even though there is currently no empirical evidence as to whether or not the use of childlike sex dolls would prevent or encourage sexual abuse of children, more and more countries prohibit or consider prohibiting them. However, it is unclear as to where international and EU law stand in relation to these dolls. This article analyses and discusses international and EU legal instruments that might be relevant for a national ban on childlike sex dolls. First, it deals with the question whether the international and EU legal framework on child pornography and other relevant instruments provide a legal basis for prohibiting these objects. Second, it examines whether a ban on childlike sex dolls is compatible with international and EU trade law, in particular with the 1994 General Agreement on Tariffs and Trade and the Treaty on the Functioning of the European Union.