Preventing harm while protecting rights. A human rights approach on addressing pedophilia in Europe

Abstract

This thesis looks at the contradictions within human rights in the social stigmatization of pedophiles, which requires a dignity, legality and early intervention prevention response. It makes a distinction between the attraction itself and offending behavior and argues that this conflation renders prevention ineffective, adds to psychological distress and ultimately undermines child protection. Grounded in Erving Goffman's theory of stigma and Howard S. Becker's theory of labeling, the research illustrates how individuals become socially discredited and deviant-directed by societal responses, further escalated by those of the media and institutions. Using Michel Foucault's analysis of psychiatric power and historical construction of deviance, this work examines the medicalization and pathologization of pedophilia in control frames. A critical examination of European legislative action, such as the Lanzarote Convention and Directive 2011/93/EU and the "Stop It Now!" prevention program reveals the mechanisms by which legislative frameworks fail to prioritize preventive over punitive measures. The thesis urges a shift towards a human rights-based approach with an emphasis on access to confidential, non-discriminatory healthcare and psychosocial support. This approach recognizes the rights of non-offending parties while enhancing public safety and provides a more ethical and efficient