76 Amendments of Saskia BRICMONT related to 2024/0035(COD)
Amendment 64 #
Proposal for a directive
Recital 10
Recital 10
(10) Child sexual abuse material frequently includes images recording the sexual abuse of children by adults. It may also include images of children involved in sexually explicit conduct, or of their sexual organs, where such images are produced or used for primarily sexual purposes and exploited with or without the child’s knowledge. Furthermore, the concept of child sexual abuse material also covers realistic images of a child, where a child is engaged or depicted as being engaged in sexually explicit conduct for primarily sexual purposes , as well as so-called ‘paedophile manuals’ .
Amendment 73 #
Proposal for a directive
Recital 12
Recital 12
(12) To prevent offences involving the sexual abuse of children, the definition of child sexual abuse material should includeis directive should also include child sexual abuse instruction manuals, so-called ‘paedophile manuals’. Paedophile manuals provide advice on how to find, groom and abuse children and avoid being identified and prosecuted. With their explicit and specific focus on committing child sexual abuse without being discovered, such instruction manuals can be clearly distinguished from general advice on, inter alia, privacy, anonymity online and avoiding surveillance, which should not be criminalised. By lowering barriers and providing the necessary know- how, they contribute to inciting offenders and support the commission of sexual abuse. Their online dissemination has already led certain Member States to amend their criminal law and explicitly criminalise possession and distribution of such manuals. The lack of harmonisation creates an uneven level of protection across the EU.
Amendment 97 #
Proposal for a directive
Recital 23
Recital 23
(23) In light of recent technological developments and, in particular, of the development of augmented, extended and virtual reality settings, the criminalisation of the solicitation of children should not be limited to voice, text or mail conversations, but also include contacts or exchanges in augmented, extended or virtual reality settings, as well as large-scale solicitation of children through the use of chat-bots trained for that purpose, as this phenomenon is itself expected to increase in light of the foreseeable evolution of artificial intelligence applications. Therefore “by means of information and communication technology” should be understood in a sufficiently broad way to cover all those technological developments.
Amendment 99 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23 a) Some information society services are intentionally operated with the main purpose of facilitating child sexual abuse or sexual exploitation offences. This should be established from the context of and motivation for offering the service, for example that the operator of the service is making explicit that the purpose of the service is to facilitate child sexual abuse or sexual exploitation or that the service is specifically created for that purpose. The operator of such services cannot rely on the exemptions from liability provided for by Regulation (EU) 2022/2065 (the Digital Service Act (DSA)). The fact alone that a service offers encrypted transmissions or any other system that makes the identification of the user impossible should not in itself qualify as facilitating illegal activities.
Amendment 106 #
Proposal for a directive
Recital 24
Recital 24
(24) This Directive does not govern Member States’ policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development, taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents, including through information and communication technologies. Member States which avail themselves of the possibilities referred to in this Directive do so in the exercise of their competences. More particularly, Member States should be able to exempt from criminalisation consensual sexual activities involving exclusively children above the age of sexual consent, as well as consensual sexual activities involving peers. The amendments to that Article are intended to clarify the scope of the derogation, in light of the fact that some Member States appear to have interpreted its original wording too broadly (e.g. by exempting from criminalisation consensual activities between minors above the age of consent and adults of any age, considered to be ‘peers’ despite a significant age difference).
Amendment 116 #
Proposal for a directive
Recital 32
Recital 32
(32) Effective investigatory tools should be made available to those responsible for the investigation and prosecutions of the offences referred to in this Directive. Those tools could include interception of communications, covert surveillance including electronic surveillance, monitoring of bank accounts or other financial investigations, taking into account, inter alia, the principle of proportionality and the nature and seriousness of the offences under investigation. In accordance with national law, such tools should also include the possibility for law enforcement authorities to use a concealed identity on the Internet and to distribute, under judicial supervision, child sexual abuse material. Requiring Member States to enable the use of these investigative techniques is essential to ensure the effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children. As those are, in most cases, facilitated or enabled by online tools and are therefore intrinsically cross- border, undercover operations and the use of so-called ‘honeypots’ have proven to be particularly effective investigative tools in relation to child sexual abuse and child sexual exploitation offences. To ensure effective investigation and prosecution, Member States’ competent authorities should also cooperate through and with Europol and Eurojust, within their respective competences and in accordance with the applicable legal framework. These competent authorities should also share information among each other and with the Commission on issues encountered in investigations and prosecutions.
Amendment 125 #
Proposal for a directive
Recital 36
Recital 36
(36) Measures to protect child victims in a comprehensive manner should be adopted in their best interest, taking into account an assessment of their needs. Effective child protection requires a whole of society approach. With the child at the centre, all relevant authorities and services should work together to protect and support the child, in their best interests. The “Barnahus” model of providing a child-friendly environment staffed with specialists from all relevant disciplines is currently the most advanced example of a child-friendly approach to justice and to avoiding revictimisation. The relevant provisions of this Directive are built on the principles of that model. That model aims to ensure that all children involved in child abuse or child sexual exploitation investigations benefit from a high-quality assessment in child-friendly settings, appropriate psychosocial support and child protective services. This Directive attempts to ensure that all Member States uphold these principles, although it does not require the Member States to follow the Barnahus model as such. Where medical examinations of the child are necessary for the purposes of the criminal investigations, for example to gather evidence of abuse, these should be limited to the strictly necessary in order to limit retraumatisation. This obligation should not prevent other medical examinations necessary for the well-being of the child. Child victims should have easy access to child friendly justice, legal remedies and measures to address conflicts of interest where sexual abuse or sexual exploitation of a child occurs within the family. When a special representative should be appointed for a child during a criminal investigation or proceeding, this role may be also carried out by a legal person, an institution or an authority. Moreover, child victims should be protected from penalties, for example under national legislation on prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma to the extent possible, as a result of interviews or visual contact with offenders. All authorities involved in the proceedings should be trained in child friendly justice. A good understanding of children and how they behave when faced with traumatic experiences will help to ensure a high quality of evidence-taking and also reduce the stress placed on children when carrying out the necessary measures. Where child victims participate in criminal proceedings, the court should take full account of their age and maturity in conducting the proceedings and should ensure that the proceedings are accessible and understandable to the child.
Amendment 135 #
Proposal for a directive
Recital 42
Recital 42
(42) Member States should undertake action to prevent or prohibit acts related to the promotion of child sexual abuse and the sexual abuse and sexual exploitation of children in travel and tourism . Different preventative measures could be considered, such as the drawing up and reinforcement of a code of conduct and self-regulatory mechanisms in the tourism industry, the setting-up of a code of ethics or ‘quality labels’ or establishing an explicit policy for tourist organisations combating the sexual abuse and sexual exploitation of children in travel and tourism . Member States should leverage the tools at their disposal under EU law, national law, and international agreements, for the purpose of preventing the sexual abuse and sexual exploitation of children in travel and tourism from, through or towards their territory, most notably by taking appropriate action upon reception of relevant information from third countries, including conducting further checks or issuing a refusal of entry in the context of the Regulation (EU) 2018/1861 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks17 . _________________ 17 Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006, OJ L 312, 7.12.2018, p. 14–55, ELI: http://data.europa.eu/eli/reg/2018/1861/oj.
Amendment 138 #
Proposal for a directive
Recital 43
Recital 43
(43) Member States should establish or strengthen policies to prevent sexual abuse and sexual exploitation of children, including measures to discourage and reduce the demand that fosters all forms of sexual exploitation of children, and measures to reduce the risk of children becoming victims, by means of, information and awareness-raising campaigns, including for parents and car, carers, teachers, educators, trainers and society at large, and research and education programmes. In such initiatives, Member States should adopt a child-rights based approach. Care should be taken to ensure that awareness-raising campaigns aimed at children are appropriate and sufficiently easy to understand , and tailored to the specific needs of children of different age groups, including pre-school children. Prevention measures should take a holistic approach to the phenomenon of child sexual abuse and sexual exploitation, by addressing its online and offline dimensions and mobilizing all relevant stakeholders. In particular for the online dimension, measures should include the development of digital literacy skills, including critical engagement with the digital world, to help users identify and address attempts of online child sexual abuse, seek support and prevent its perpetration. Particular attention should be paid to prevention of child sexual abuse and sexual exploitation of children that are cared for in a group facility rather than in the context of family- based care . Where not already in place, the establishment of dedicated help-lines or hotlines should be considered.
Amendment 141 #
Proposal for a directive
Recital 50
Recital 50
(50) Where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate, convicted offenders should be temporarily or permanently prevented from exercising at least professional and voluntary activities involving direct and regular contacts with children or within organisations that work for children or organisations acting in the public interest on the fight against child sexual abuse . Employers when recruiting for a post involving direct and regular contact with children should request information on existing convictions for sexual offences against children entered in the criminal record, or of existing disqualifications. For the purposes of this Directive, the term ‘employers’ should also cover persons running an organisation that is active in volunteer work related to the supervision or care of children involving direct and regular contact with children , including community settings such as schools, hospitals, social care services, sports clubs or religious communities . The way such information is delivered, such as for example access via the person concerned, and the precise content of the information, the meaning of organised voluntary activities and direct and regular contact with children should be laid down in accordance with national law. However, the information transmitted from one competent authority to another should at least contain all relevant records stored by any Member State in their national criminal records registers, and all relevant records that can be easily obtained from third countries, such as information that can be obtained from the United Kingdom through the channel established in accordance with Title IX of Part Three of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part19 . _________________ 19 OJ L 149, 30.4.2021, p. 10, ELI: http://data.europa.eu/eli/agree_internation/ 2021/689(1)/ojhttp://data.europa.eu/eli/agr ee_internation/2021/689(1)/oj.
Amendment 143 #
Proposal for a directive
Recital 51
Recital 51
(51) In the area of child sexual abuse, the phenomenon of offenders that regain access to children after a conviction or disqualification by moving to another jurisdiction is particularly widespread and worrisome. It is therefore crucial to take all necessary measures to prevent it. With due regard to the different legal traditions of the Member States, this Directive takes into account the fact that access to criminal records is allowed only either by the competent authorities or by the person concerned. This Directive does not establish an obligation to modify the national systems governing criminal records or the means of access to those records.
Amendment 144 #
Proposal for a directive
Recital 52
Recital 52
(52) For information not or not yet available in the European Criminal Records Information System (ECRIS), for example information concerning offending third country nationals until the time Regulation 2019/816 of the European Parliament and of the Council20 is fully implemented, Member States should make use of other channels to provide all relevant information to employers that recruit for a post involving direct and regular contact with children. The aim of this Directive is not to harmonise rules concerning consent of the person concerned when exchanging information from the criminal registers, i.e. whether or not to require such consent. Whether the consent is required or not under national law, this Directive does not establish any new obligation to change the national law and national procedures in this respect. _________________ 20 Regulation (EU) 2019/816 of the European Parliament and of the Council of 17 April 2019 establishing a centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons (ECRIS-TCN) to supplement the European Criminal Records Information System amending Regulation (EU) 2018/1726 (OJ L 135, 22.5.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/816/oj.
Amendment 150 #
Proposal for a directive
Recital 58
Recital 58
(58) Despite such efforts by Member States , the removal of child sexual abuse material at its source is often not possible when the original materials are not located within the Union, either because the State where the servers are hosted is not willing to cooperate or because obtaining removal of the material from the State concerned proves to be particularly long. Mechanisms may also be put in place to block access from the Union’s territory to Internet pages identified as containing or disseminating child sexual abuse material . The measures undertaken by Member States in accordance with this Directive in order to remove or, where appropriate, block websites containing child sexual abuse material could be based on various types of public action, such as legislative, non- legislative, judicial or other. In that context, this Directive is without prejudice to voluntary action taken by the Internet industry to prevent the misuse of its services or to any support for such action by Member States. Whichever basis for action or method is chosen, Member States should ensure that it provides an adequate level of legal certainty and predictability to users and service providers. Both with a view to the removal and the blocking of child abuse content, cooperation between public authorities should be established and strengthened, particularly in the interests of ensuring that national lists of websites containing child sexual abuse material are as complete as possible and of avoiding duplication of work. Any such developments must take account of the rights of the end users and comply with existing legal and judicial procedures and the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union. They should in particular not lead to the over- removal or over-blocking of legal content hosted on the same website. The EU co- funded network of hotlines22 handles reports of alleged child sexual abuse material reported anonymously by the public and cooperates with law enforcement and industry at national, European and global level to ensure swift removal of this type of content. _________________ 22 Currently under the Digital Europe Programme.
Amendment 174 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
(b) depiction of the sexual organs of a child for primarily sexual purposes;
Amendment 186 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d
Article 2 – paragraph 1 – point 3 – point d
(d) realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the sexual organs of a child, for primarily sexual purposes;
Amendment 190 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point e
Article 2 – paragraph 1 – point 3 – point e
Amendment 194 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3 a) ‘Child sexual abuse instruction manual’ or ‘ manuals’ means a collection of information, regardless of its form, intended to provide advice, guidance or instructions on how to commit child sexual abuse or sexual exploitation or child solicitation, and on how to avoid prosecution for those crimes;
Amendment 209 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
(b) the sexual organs of a child for primarily sexual purposes;
Amendment 223 #
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘peers’ means persons who are close in age and degree of psychological and physical development orand maturity.
Amendment 227 #
Proposal for a directive
Article 3 – title
Article 3 – title
Offences concerning child sexual abuse
Amendment 251 #
Proposal for a directive
Article 3 – paragraph 5 – point a
Article 3 – paragraph 5 – point a
(a) abuse is made of a recognised position of trust, authority or influence over the child, shall be punishable by a maximum term of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 6 years of imprisonment, if the child is over that age; or
Amendment 256 #
Proposal for a directive
Article 3 – paragraph 5 – point b
Article 3 – paragraph 5 – point b
(b) abuse is made of a particularly vulnerable situation of the child, in particular because of a mental or physical disability or a situation of dependence, shall be punishable by a maximum term of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 6 yearsliving in an institutionalized environment or a child deprived of liberty, shall be punishable by a maximum term of imprisonment iof the child is over that ageat least 10 years; or
Amendment 260 #
Proposal for a directive
Article 3 – paragraph 5 – point c
Article 3 – paragraph 5 – point c
(c) use is made of coercion, force, extorsion or threats shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age.
Amendment 265 #
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least 12 years if the child has not reached the age of sexual consent, and of at least 7 years of imprisonment if the child is over that age.
Amendment 278 #
Proposal for a directive
Article 3 – paragraph 7 – point b a (new)
Article 3 – paragraph 7 – point b a (new)
(b a) causing a child below the age of sexual consent to engage themselves, in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object;
Amendment 284 #
Proposal for a directive
Article 3 – paragraph 8
Article 3 – paragraph 8
8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 102 years.
Amendment 300 #
Proposal for a directive
Article 4 – title
Article 4 – title
Offences concerning child sexual exploitation
Amendment 305 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Causing or recruiting a child to participate in child sexual abuse performances, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 5 years if the child has not reached the age of sexual consent and of at least 2 years of imprisonment if the child is over that age.
Amendment 310 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Coercing or forcing a child to participate in child sexual abuse performances, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age.
Amendment 314 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Knowingly attending child sexual abuse performances involving the participation of a child shall be punishable by a maximum term of imprisonment of at least 2 years if the child has not reached the age of sexual consent, and of at least 1 year of imprisonment if the child is over that age.
Amendment 318 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Causing or recruiting a child to participate in exploitation in prostitution, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 8 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age.
Amendment 324 #
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Coercing or forcing a child into exploitation in prostitution, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least 10 years if the child has not reached the age of sexual consent, and of at least 5 years of imprisonment if the child is over that age.
Amendment 328 #
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Engaging in sexual activities with a child, where recourse is made to exploitation in prostitution shall be punishable by a maximum term of imprisonment of at least 8 years if the child has not reached the age of sexual consent, and of at least 4 years of imprisonment if the child is over that age.
Amendment 332 #
Proposal for a directive
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7 a. Coercing or forcing a child to share intimate material depicting the child to obtain money, child sexual abuse material or any other benefit under the threat of sharing the material beyond the consent of the depicted person shall be punishable by a maximum term of imprisonment of at least 8 years.
Amendment 361 #
Proposal for a directive
Article 5 – paragraph 7 – subparagraph 1
Article 5 – paragraph 7 – subparagraph 1
For the purposes of paragraph 1, the conducts referred to in paragraph 2, 3 and transmission pursuant to paragraph 4 shall not be considered to be committed without right in particular where carried out by, or on behalf and under the responsibility of, an organisation established in a Member State acting in the public interest against child sexual abuse that has been authorised by competent authorities of that Member State when such actions were carried out in accordance with the conditions set out in such authorisation.
Amendment 363 #
Proposal for a directive
Article 5 – paragraph 7 – subparagraph 2
Article 5 – paragraph 7 – subparagraph 2
These conditions mayshall include the requirement that the organisations that receive such authorisations have the necessary expertise and independence, that there are appropriate reporting and oversight mechanisms to ensure that the organisations act expeditiously, diligently, and in the public interest, and that the organisations make use of secure channels of communication to carry out the actions covered by the authorisation.
Amendment 367 #
Proposal for a directive
Article 5 – paragraph 8 – introductory part
Article 5 – paragraph 8 – introductory part
8. Member States shall ensure that authorisations for an organisation acting in the public interest against child sexual abuse referred to in paragraph 7 allow some or all of the following activities to:
Amendment 379 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Offences concerning child sexual abuse manuals 1. Member States shall take the necessary measures to ensure that the intentional conduct, when committed without right, referred to in paragraphs 2 to 4 is punishable; 2. Distribution or dissemination of child sexual abuse instruction manuals shall be punishable by a maximum term of imprisonment of at least 2 years; 3. Offering, supplying or making available child sexual abuse instruction manuals shall be punishable by a maximum term of imprisonment of at least 2 years; 4. Production of child sexual abuse instruction manuals shall be punishable by a maximum term of imprisonment of at least 3 years; 5. Paragraphs 7 and 8 of Article 5 shall apply to child sexual abuse instruction manuals, mutatis mutandis.
Amendment 386 #
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) proposing , including by means of information and communication technology, to meet a child either online or in person , for the purpose of committing any of the offences referred to in Article 3(4) , (5), (6) and (7) and Article 5(6), where that proposal was followed by material acts leading to such a meeting, shall be punishable by a maximum term of imprisonment of at least 1 year;
Amendment 407 #
Proposal for a directive
Article 7 – title
Article 7 – title
Amendment 418 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall take the necessary measures to ensure that intentionally operating or administering an information society service which is conceived to facilitate or encourageith the main purpose of facilitating the commission of any of the offences referred to in Articles 3 to 7 is punishable by a maximum term of imprisonment of at least 12 year.
Amendment 419 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
2. Paragraph 1 shall be without prejudice to the exemptions from liability for providers of information society services provided for by Articles 4 to 6 of Regulation (EU) 2022/2065 (the Digital Services Act).
Amendment 421 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. It shall be within the discretion of Member States to decide whether Article 3(2) and (4) shall not apply to consensual sexual activities between peers, in so far as the acts did not involve any abuse.
Amendment 427 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. It shall be within the discretion of Member States to decide whether Article 4(4) shall not appliesy to a performance that takes place in the context of a consensual relationship where the child has reached the age of sexual consent or between peers , in so far as the acts did not involve any abuse or exploitation and no money or other form of remuneration or consideration is given as payment in exchange for the performance.
Amendment 431 #
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – introductory part
Article 10 – paragraph 3 – subparagraph 1 – introductory part
Amendment 455 #
Proposal for a directive
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Consensual sharing of one’s intimate images or videos cannot be interpreted as consent to any further sharing or disseminatdistribution, dissemination or transmission of that same image or video.
Amendment 456 #
Proposal for a directive
Article 11 – paragraph 1 – point -a (new)
Article 11 – paragraph 1 – point -a (new)
(-a) the offence was committed against a child who has not reached the age of consent
Amendment 460 #
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) the offence was committed against a child in a particularly vulnerable situation, such as a child with a mental or physical disability, in a situation of dependence, living in an institutionalized environment, or in a state of physical or mental incapacity, or a child deprived of liberty;
Amendment 463 #
Proposal for a directive
Article 11 – paragraph 1 – point a a (new)
Article 11 – paragraph 1 – point a a (new)
(a a) the offence was committeed due to a motive based on one or more grounds protected under Article 21 of the Charter of Fundamental Rights and resulted in either a direct or an indirect discrimination, prohibited under EU law;
Amendment 477 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. In order to avoid the risk of repetition of offences, Member States shall take the necessary measures to ensure that a natural person who has been convicted of any of the offences referred to in Articles 3 to 9 may be temporarily or permanently prevented from exercising at least professional and organised voluntary activities involving direct and regular contacts with children.
Amendment 483 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. For the application of paragraphs 1 and 2 of this Article, when requested by competent authorities, Member States shall take the necessary measures to ensure, the transmission of information concerning the existence of criminal convictions for any of the offences referred to in Articles 3 to 9 , or of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions is transmitted through ECRIS or the mechanism for the exchange of criminal record information established with third countries, and that the transmitted information is as complete as possible, comprising at least information on criminal convictions or disqualifications arising from criminal convictions kept by any Member State. For that purpose, such information shall be transmitted through ECRIS or the mechanism for the exchange of criminal record information established with third countries.
Amendment 517 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point c a (new)
Article 16 – paragraph 2 – subparagraph 2 – point c a (new)
(c a) at least 40 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 10 years of imprisonment.
Amendment 528 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that any of the offences referred to in Articles 3 to 9 have been committed, to report this to the competent services , without affectingprejudice to Article 18 of Regulation (EU) 2022/2065 of the European Parliament and of the Council24 and Article 12 of Regulation (EU) …/…25 [laying down rules to prevent and combat child sexual abuse]. _________________ 24 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2065/oj). 25 Regulation (EU)
Amendment 533 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Member States shall ensure that at least professionals working in close contact with children in the child protection, education, childcare and health recreation and sports, childcare sectors are obliged to report to the competent authorities if they have reasonable grounds for believing that an offence punishable under this Directive has been committed or is likely to be committed.
Amendment 538 #
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Member States shall exempt professionals working in the health care sectors in the context of programmes dedicated to persons who have been convicted of a criminal offence punishable under this Directive or persons who fear that they might commit any of the offences punishable under this Directive from the reporting obligation provided for in paragraph 3.
Amendment 544 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, and Article 5a under Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes], Member States shall ensure that victims can report the offences referred to in Articles 3 to 9 of this Directive to the competent authorities freely, safely and in an easy and accessible manner. This shall include the possibility of reporting those criminal offences, and submitting evidence where feasible, by means of easily accessible and user-friendly information and communication technologies.
Amendment 550 #
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. Member States shall ensure the existence of accessible, visible, clear, user-friendly and gender sensitive reporting mechanisms in accordance with the Barnahus’ model quality standards. Member States shall ensure that these reporting mechanisms are adequately resourced, including in terms of funding and staffing.
Amendment 551 #
Proposal for a directive
Article 18 – paragraph 2 b (new)
Article 18 – paragraph 2 b (new)
2 b. Member States shall ensure appropriate information and awareness about reporting procedures and available support services.
Amendment 554 #
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure that the competent authorities coming in contact with victims reporting child sexual abuse offences or sexual exploitation offences are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the first individual assessment of the victims’ protection needs conducted in accordance with Article 22 of Directive 2012/29/EU.
Amendment 562 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. CMember States shall ensure that child victims of the offences referred to in Articles 3 to 9 shall bare provided assistance, support and protection in accordance with Articles 21 and 22 , taking into account the best interests of the child.
Amendment 573 #
Proposal for a directive
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1 a. Member States shall establish age- appropriate multidisciplinary interagency structures for responding to child sexual abuse and exploitation in line with Barnahus’ model standards.
Amendment 580 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Victims shall be provided with comprehensive, specialized, coordinated, age-appropriate medical care, gender sensitive, emotional, psychosocial, psychological, legal and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse.
Amendment 594 #
Proposal for a directive
Article 21 – paragraph 6
Article 21 – paragraph 6
6. Member States shall take the necessary measures to ensure that the specific actions to assist and support child victims in enjoying their rights under this Directive, are undertaken following an individual assessment of the special circumstances of each particular child victim, conducted in accordance with Article 22 of Directive (EU) …/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes] and taking due account of the child’s views, vulnerabilities, needs and concerns.
Amendment 606 #
Proposal for a directive
Article 22 – title
Article 22 – title
Protection of child victimsren in criminal investigations and proceedings
Amendment 611 #
Proposal for a directive
Article 22 – paragraph -1 (new)
Article 22 – paragraph -1 (new)
-1. Member States shall ensure that any investigations and proceedings involving children are conducted in accordance with the principles of child- friendly justice. All authorities involved in the proceedings should be trained in child friendly justice.
Amendment 627 #
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Member States shall take the necessary measures to ensure that in criminal investigations of any of the offences referred to in Articles 3 to 9 all interviews with the child victim or, where appropriate, with a child witness, mayshall be audio-visually recorded and that such audio-visually recorded interviews may be used as evidence in criminal court proceedings, in accordance with the rules under their national law.
Amendment 630 #
Proposal for a directive
Article 22 – paragraph 7
Article 22 – paragraph 7
7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in criminal court proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s best interest, age and maturity in the relevant court proceedings. Member States shall ensure this applies to all children, including those alleged as, accused of, or convicted of a crime.
Amendment 640 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall ensure that victims of offences referred to in Articles 3 to 9 of this Directive have a right to compensation for any damage suffered. . Member States shall ensure clear, trauma-informed and victim-sensitive procedural rules for compensation. Member States shall ensure that compensation can be requested from perpetrators of any of the offences referred to in Articles 3 to 9 from legal persons liable for such offences under Articles 13 and 14 and, where appropriate, from national compensation schemes established for the benefits of victims of crime.
Amendment 655 #
Proposal for a directive
Article 23 – paragraph 3 – point c a (new)
Article 23 – paragraph 3 – point c a (new)
(c a) at least 40 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 10 years.
Amendment 665 #
Proposal for a directive
Article 25 a (new)
Article 25 a (new)
Article 25a International Cooperation Without prejudice to the rules on cross- border cooperation and mutual legal assistance in criminal matters, Member State’s competent authorities, Europol, Eurojust and the EU center shall, within their respective competences and in the limits of their respective remit, cooperate with competent authorities of third countries in the fight against the criminal offences referred to in Articles 3, 4, 5, 6, 7 and 8 in full respect of fundamental rights and international law.
Amendment 676 #
Proposal for a directive
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2 a. Member States shall ensure that the competent authorities coming in contact with persons who fear that they might commit any of the offences referred to in Articles 3 to 9 are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities.
Amendment 677 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. To discourage and reduce the demand that fosters all forms of sexual exploitation of children, Member States shall take appropriate measures, such asthrough national action plans including education and training, information and awareness raising campaigns on the lifelong consequences of child sexual abuse and exploitation, its illegal nature, and the possibility for persons who fear that they might commit related offences to have access to dedicated and effective intervention programmes or measures . Member States shall integrate sexual and affective education, digital literacy and safe online practices in school curriculums and promote them in communities.
Amendment 697 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2 – point a
Article 28 – paragraph 4 – subparagraph 2 – point a
(a) dedicated training and awareness raising activities for staff and volunteers working in such settings;
Amendment 706 #
Proposal for a directive
Article 28 – paragraph 5 – point c
Article 28 – paragraph 5 – point c
(c) facilitating the exchange of best practices among Member States and third countries including by keeping a public database of prevention measures and programmes implemented in each Member State as well as in third countries.
Amendment 709 #
Proposal for a directive
Article 28 – paragraph 5 – point c a (new)
Article 28 – paragraph 5 – point c a (new)
(c a) issue guidelines for front-line professionals on how to identify and deal with child victims and potential child victims of sexual abuse and exploitation.
Amendment 743 #
Proposal for a directive
Article 31 – paragraph 2 – point c a (new)
Article 31 – paragraph 2 – point c a (new)
(c a) the number of consensual cases pursuant to Article 10 that were reported, but then not investigated or prosecuted.