12 Amendments of Helga STEVENS related to 2014/0408(COD)
Amendment 78 #
Proposal for a directive
Recital 21
Recital 21
(21) In order to ensure sufficient protection of children who are not always able to understand the content of interviews to which they are subject, to avoid any challenge of the content of an interview and thereby undue repetition of questioning, questioning of children should where necessary, proportionate, and possible, be audio-visually recorded. This does not include questioning necessary to identify the child.
Amendment 82 #
Proposal for a directive
Recital 25
Recital 25
(25) Children are in a particularly vulnerable position in relation to detention. Special efforts should be undertaken to avoid deprivation of liberty of children given the inherent risks for their physical, mental and social development. The competent authorities should consider alternative measures and impose such measures whenever this is in the best interests of the child and where suitable given the nature of the crime, and the threat to both the public and the child’s safety. This may include the obligation to report to a competent authority, a restriction on contact with specific persons, a requirement to undergo therapeutic treatment or treatment for addiction and participation in educational measures.
Amendment 97 #
Proposal for a directive
Recital 35
Recital 35
(35) This Directive sets minimum rules. Member States may extend the rights set out in this Directive in order to provide a higher level of protection. Such higher level of protection should not constitute an obstacle to the mutual recognition of judicial decisions that those minimum rules are designed to facilitate. The level of protection should never fall below the standards provided by this Directive, the Charter of Fundamental Rights of the European Union or the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted in the case law of the Court of Justice of the European Union and the European Court of Human Rights.
Amendment 98 #
Proposal for a directive
Recital 36
Recital 36
(36) Since the objectives of this Directive, namely setting common minimum standards across the European Union on procedural safeguards for children suspected or accused in criminal proceedings, cannot be sufficiently achieved by the Member States, but can rather, by reason of the scale of the measure, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve these objectives.
Amendment 108 #
Proposal for a directive
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
(1) their right to have the holders of parental responsibility and legal guardians informed as provided for in Article 5;
Amendment 109 #
Proposal for a directive
Article 4 – paragraph 1 – point 7
Article 4 – paragraph 1 – point 7
(7) their right that the holders of parental responsibility and legal guardians to have access to the court hearings, as provided for in Article 15;
Amendment 115 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall ensure that the holder of parental responsibility or legal guardians of the child or, where that would be contrary to the best interests of the child, another appropriate adult, is provided with the information that the child receives in accordance with Article 4.
Amendment 125 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. For that purpose children shall be individually assessed. The assessment shall take particular account of the personality and maturity of the child and their economic and social backgroundindividual circumstances.
Amendment 136 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. In case of deprivation of liberty of a child, Member States shall ensure that the child has access to a medical examination with a view, in particular, to assessing the general mental and physical condition of the child with the aim to determine the capacity of the child to face questioning or other investigative or evidence gathering acts or any measures taken or envisaged againstand medical care in order to protect the welfare and health of the child.
Amendment 139 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that any questioning of children by police or other law enforcement or judicial authority carried out prior to the indictment is, where necessary and possible, audio- visually recorded, unless it is not proportionate taking into account the complexity of the case, the seriousness of the alleged offence and the potential penalty that can be incurred.
Amendment 144 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that children arthe deprivedation of liberty before their conviction only as a measure of last resortof a child is limited as greatly as possible, and for the shortest appropriate period of time. Due account shall be taken of the age and individual situation of the child, as well as the risk to both the safety of the child, and the safety of the public.
Amendment 157 #
Proposal for a directive
Article 12 – paragraph 2 – point d a (new)
Article 12 – paragraph 2 – point d a (new)
(da) Ensure that the special requirements of those children with physical, sensory, and learning disabilities are provided for.