140 Amendments of Isabel SERRA SÁNCHEZ related to 2024/0035(COD)
Amendment 58 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) This Directive should address the need to combat unreported child sexual abuse and exploitation, which represents the majority of cases. The starting point must be the recognition that violence against children often occurs in intimate and family settings, making it difficult to identify and report, and is further exacerbated by the spread of these crimes through new technologies. This highlights the need for legislation that protects, supports, and provides comprehensive redress for victims and survivors, regardless of the existence of criminal proceedings. An adequate institutional framework is essential to guarantee children's rights. In this regard, the Directive must provide a legal framework to establish harmonised mechanisms in the phases of prevention, identification, protection, reporting and reparation to ensure a comprehensive and effective response to these offences.
Amendment 61 #
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 instructions manuals on how to sexually abuse children (so-called ‘paedophile manuals’ ).
Amendment 70 #
Proposal for a directive
Recital 11
Recital 11
(11) Research has shown that limiting the dissemination of child sexual abuse material is not only crucial to avoid the re- victimisation linked to the circulation of images and videos of the abuse but is also essential as a form of offender-side prevention, as accessing child sexual abuse material is often the first step towards hands-on abuse, regardless of whether it depicts real or simply realistic abuse and exploitation. The ongoing development of artificial intelligence applications capable of creating realistic images that are indistinguishable from real images, the number of so-called ‘deep-fake’ and AI images and videos depicting child sexual abuse is expected to grow exponentially in the coming years. In addition, the development of augmented, extended and virtual reality settings making use of avatars including sensory feedback, e.g. through devices providing a perception of touch are not fully covered by the existing definition. The inclusion of an explicit reference to ‘reproductions and representations’ should ensure that the definition of child sexual abuse material covers these and future technological developments in a sufficiently technology- neutral and hence future-proof way.
Amendment 74 #
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 include so-called ‘paedophile manuals’. P‘instructions manuals on how to sexually abuse children’. This instructions manuals, so-called ‘paedophile manuals’, provide advice on how to perpretate sexual violence against children, mainly on how to sexually abuse them, on how to find, groom and abuse childrenthem and avoid being identified and prosecuted. 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 87 #
Proposal for a directive
Recital 20
Recital 20
(20) In the context of child sexual abuse material , the term not be considered to be committed without right’ allows Member States to provide a defence in respect of conduct relating to material that could constitute child sexual abuse material having, for example, a medical, scientific or similar purpose. It also allows activities carried out under domestic legal powers, such as the legitimate possession of child sexual abuse material by the authorities in order to conduct criminal proceedings or to prevent, detect or investigate crime , or activities carried out by organisations acting in the public interest against child sexual abuse, when these organisations have been authorised by the competent authorities of the Member State in which they are established. These activities include, in particular, the reception, analysis and creation of reports of suspected child sexual abuse material, including the determination of the location where the material referred to in the reports is hosted, whether is downloaded by the organisations or submitted to them by online users or other organisations acting in the public interest against child sexual abuse in order to be reviewed and analysed or to facilitate the removal from the internet, as well as carrying out searches to detect the dissemination of child sexual abuse material . Furthermore, the term ‘without right’ does not exclude legal defences or similar relevant principles that relieve a person of responsibility under specific circumstances. .
Amendment 95 #
Proposal for a directive
Recital 22
Recital 22
(22) Solicitation of children for sexual purposes is a threat with specific characteristics in the context of the Internet, as the latter provides unprecedented anonymity to users because they are able to conceal their real identity and personal characteristics, such as their age. In the last decade, the use of information and communication technologies has provided offenders with increasingly easy access to children, where the contact often starts with the offender luring the child, for example by pretending to be a peer or with other deceitful or flattering conduct, into compromising situations. This increased access to children has led to the rapid growth of phenomena such as ‘sexual extortion’ (i.e. the conduct of threatening to share intimate material depicting the victim to obtain money, child sexual abuse material or any other benefit), affecting children both below and above the age of sexual consent. There has been a surge in recent years of financially motivated s‘sexual extortion’ by organised crime groups that target in particular teenage boys, which have led to multiple cases of those children taking their lives. It is therefore essential that all these phenomena are appropriately covered in Member States’s law. At the same time, Member States acknowledge the importance of also combating the solicitation of a child outside the context of the Internet, in particular where such solicitation is not carried out by using information and communication technology. Member States are encouraged to criminalise the conduct where the solicitation of a child to meet the offender for sexual purposes takes place in the presence or proximity of the child, for instance in the form of a particular preparatory offence, attempt to commit the offences referred to in this Directive or as a particular form of sexual abuse. Whichever legal solution is chosen to criminalise ‘off- line grooming’, Member States should ensure that they prosecute the perpetrators of such offences.
Amendment 102 #
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 particularlyHowever, in accordance with the recommendations of the United Nations on the Committee on the Rights of the Child and the Lanzarote Committee, Member States should be able toall 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). The provisions related to age of consent should not be interpreted in limiting in any manner the criminalisation of child sexual abuse and exploitation of children who have reached and are above the age of consent as no child can consent to their sexual abuse and therefore to sexual violence.
Amendment 109 #
Proposal for a directive
Recital 31
Recital 31
(31) Victims of sexual abuse and sexual exploitation of children are often unable to report the crime for several decades after its commission due to the shame, guilt and self-blame, which can be related, among others, to the social and cultural stigma that still surround sexual abuse, the secrecy in which the abuse takes place, threatening or blaming conduct by the perpetrator, and/or trauma. In addition, most cases of sexual abuse against children come from family members or people within the inner circle of the child, with the consequences this has for the prolonged duration of the abuse, the above-mentionned stigma and the ease with which perpetrators can access the child. Perpetrators of sexual abuse and sexual exploitation of children, unlike perpetrators of other violent crimes, tend to remain active until old age, continuing to pose a threat to children. In light of this, effective investigation and prosecution of offences involving sexual abuse and sexual exploitation of children, as well as appropriate victims’ assistance and support, can only be provided if statutes of limitations allow victims to report the crime for a significantly extended period of time.
Amendment 121 #
Proposal for a directive
Recital 35 a (new)
Recital 35 a (new)
(35 a) Member States should guarantee comprehensive care for children as a subjective right, ensuring that victim and survivor reparations programs are effective and accessible. In this regard, and recognising the Barnahus model as a positive reference, Member States should commit to its financial sustainability to guarantee universality and non- discrimination in children’s access to their rights. This means that the care, support, protection, and reparations provided to children must be integrated and respect their status as full rights- holders. Only through such approaches can real and lasting protection of their rights be ensured, addressing their needs within a framework of justice that is adapted and sensitive to their overall development.
Amendment 123 #
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 child best interest should be interpreted by ensuring children protection and safeguarding from further harm, providing tailored and adapted support and protection of children rights throughout the entire judicial process and beyond, including the contacts with social, healthcare, educational and pyscological services. 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 and tailored 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 followlimit themselves to the Barnahus model as suchbut to expand it and strengthen the provision of children's social services to other institutions. 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. ndable to the child.
Amendment 127 #
Proposal for a directive
Recital 37
Recital 37
(37) Member States should provide tailored and comprehensive short- and long-term assistance to child victims and survivors, regardless the existence of a complaint or criminal prosecution. Any harm caused by the sexual abuse and sexual exploitation of a child is significant and should be addressed as soon as possible after the first contact of the victim with the authorities. Immediate assistance to victims before and during criminal investigations and proceedings is essential to limit the long-term trauma linked to the abuse suffered. To facilitate the swift provision of assistance, including the identification of the relevant support services, Member States should issue guidelines and protocols for healthcare, education and social service professionals and volunteers, including the staff at helplines , taking always into account the specific needs of the child. Because of the nature of the harm caused by sexual abuse and sexual exploitation, such assistance should continue for as long as necessary for the child’s physical and psychological recovery and may last into adulthood if necessary. Assistance and advice should be considered to be extended to parents , carers or guardians of the child victims where they are not involved as suspects in relation to the offence concerned, in order to help them to assist child victims throughout the proceedings. Member States should take the necessary measures to respect children's right to be heard. Child protection in this regard must be linked to family law, and their right to reparations and non-repetition, especially in environments where abuse has occurred such as the family. In cases of sexual abuse against children within the family, the perpetrator often retains rights within the environment of the abused child, which is not the case in the healthcare or school sectors. That is, when family law conflicts with the child’s right to a life free from sexual violence, the latter must take precedence. The majority of caregivers are women, whom States must support in their efforts to protect and seek justice and reparation for the sexual violence suffered by the children in their care, with particular attention to assaults committed within the family. This is especially relevant in the case of protective mothers who act with the sole purpose of protecting a child and preventing further harm and abuses in suspected cases of child sexual abuse. Cares shall be excluded from criminal persecution and be protected against civil claims directly related to protective actions. Primary carers shall not face criminal charges for any protective actions taken in good faith to prevent or respond to suspected child sexual abuse, including but not limited to reporting suspected abuse to law enforcement or child protective services, taking temporary steps to limit or restrict contact between the child and the alleged abuser, seeking emergency custody modifications or other legal interventions to protect the child. In cases against the protective carers, the burden of proof shall lie with the claimant to demonstrate that the carer's actions were taken for reasons other than child protection.
Amendment 129 #
Proposal for a directive
Recital 38
Recital 38
(38) Child sexual abuse and child explotation as forms of sexual violence have profound and lasting impacts on victims and survivors, affecting their mental health, personal development, and future well-being. The trauma arising from sexual abuse and sexual exploitation of children often lasts well into adulthood, entailing long-term effects which often prevent victims from reporting the offence and from seeking assistance and support for years or even decades. Therefore, Member States should provide tailored and comprehensive short- and long-term assistance not only to child victims, but also to adult survivors of child sexual abuse and sexual exploitation.
Amendment 132 #
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39 a) Prevention of child sexual abuse is of paramount importance to protect children. Member States shall take protective measures to safeguard children’s physical, emotional, and psychological well-being and safeguard the fundamental rights of children to grow up in a safe environment, free from exploitation, violence and harm. Protective measures must encompass prevention, detection, intervention, support and reparation, ensuring that all aspects of a child’s safety are addressed. Preventing child sexual abuse requires collaborative efforts across sectors, including education, healthcare, judicial systems, and community services. Furthermore, empowering primary carers, particularly mothers who often serve as frontline protectors, is essential to detecting and interrupting abusive situations.
Amendment 145 #
Proposal for a directive
Recital 54
Recital 54
(54) It is essential to collect data and evaluate them in order to implement effective prevention and to combat child sexual abuse and explotation. There elements are key to improving the detection, response and prevention of these offences. Member States should take the necessary measures to create mechanisms for such data collection at the national, local or regional levels and in collaboration with civil society, for the purpose of observing and evaluating the phenomenon of sexual abuse and sexual exploitation of children , building also on the broader data collection obligations set in the Directive […/…] [Victims rights Directive, Recast], and Regulation (EU) [Regulation to prevent and combat child sexual abuse] . In order to be able to properly evaluate the results of actions to combat sexual abuse and sexual exploitation of children and child sexual abuse material , the Union should continue to develop its work on methodologies and data collection methods to produce comparable statistics. The collection of this data should take into account situations of children that are particularly vulnerable, such as children in migration or those under the care of public authorities. The EU Centre, as a central knowledge hub on child sexual abuse in the Union, should play a key role in this respect.
Amendment 155 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of sexual abuse and sexual exploitation of children, child sexual abuse material and solicitation of children for sexual purposes, as forms of sexual violence and including by means of information and communication technology. It also introduces provisions to strengthen the prevention of those criminal offences and the protection of the victims thereof.
Amendment 161 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) ‘survivor’ means a person who has experienced sexual violence as a child, irrespective of their legal status and their recognition as a victim of a crime by a legal system.
Amendment 162 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1 b) ‘sexual violence against children’1a means any sexual act in which a person takes advantage of their power imbalance over a child to manipulate them and obtain sexual gratification. _________________ 1a Definition by Save the Children.
Amendment 163 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘age of sexual consent’ means the age below which, in accordance with national law, it is prohibited to engage in sexual activities with a child under all circumstances;
Amendment 168 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
(a) any material that visually depictsrepresentation, by whatever means, of a child or any part of the body of a child engaged in real or simulated sexually explicit conduct;
Amendment 170 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
(b) any depiction, representation, by whatever means, of the sexual organparts of a child for primarily sexual purposes;
Amendment 185 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point d
Article 2 – paragraph 1 – point 3 – point d
(d) any realistic images , reproductions or representations of a child engaged in sexually explicit conduct or of the sexual organparts of a child, for primarily sexual purposes;
Amendment 192 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point e
Article 2 – paragraph 1 – point 3 – point e
(e) ‘instructions manual on how to sexually abuse children’ means any material, regardless of its form, intended to provide advice, guidance or instructions on how to commit child sexual abuse or sexual exploitation or child solicitation;
Amendment 200 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘child sexual exploitation in prostitution’ means the use of a child for sexual activities where money or any other form of remuneration, gain, advantage, benefit or consideration is given or promised as payment in exchange for the child engaging in sexual activities, regardless of whether that paymentremuration, gain, advantage, promise or consideration is made to the child or to a third party;
Amendment 206 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
(b) the sexual organparts of a child for primarily sexual purposes;
Amendment 212 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5 a) ‘sexual extortion of children’ means the conduct of threatening to share intimate material depicting the child victim 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;
Amendment 213 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
(5 b) 'conversion therapy' means any treatment aimed at changing a person's sexual orientation or gender identity;
Amendment 216 #
Proposal for a directive
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7 a) ‘information and communication technology’ means any technological tool and resource used to digitally store, create, share or exchange information, including smart phones, computers, social networking and other media applications and services;
Amendment 218 #
Proposal for a directive
Article 2 – paragraph 1 – point 7 b (new)
Article 2 – paragraph 1 – point 7 b (new)
(7 b) ‘online’ means by means of information and communication technologies;
Amendment 230 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall take the necessary measures to ensure that the conduct referred to in paragraphs 2 to 8 is punishable, including if the conduct was committed by means of information and communication technology.
Amendment 241 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Causing, for sexual purposes, a child who has not reached the age of sexual consent to witness sexual abuse, even without having to participate, shall be punishable by a maximum term of imprisonment of at least 2 years.
Amendment 246 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Engaging in sexual activities by any means with a child who has not reached the age of sexual consent or causing the child to engage in sexual activities with another person shall be punishable by a maximum term of imprisonment of at least 8 years.
Amendment 250 #
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 252 #
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 255 #
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 years of imprisonment if the child is over that age; or
Amendment 259 #
Proposal for a directive
Article 3 – paragraph 5 – point c
Article 3 – paragraph 5 – point c
(c) use is made of coercion, force 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 267 #
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 276 #
Proposal for a directive
Article 3 – paragraph 7 – point b
Article 3 – paragraph 7 – point b
(b) causing a child below the age of sexual consent to engage with another person in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object.
Amendment 290 #
Proposal for a directive
Article 3 – paragraph 9 – introductory part
Article 3 – paragraph 9 – introductory part
9. For the purpose of paragraphs 4 and 8, Member States shall ensure that:
Amendment 307 #
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 311 #
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 315 #
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 317 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Causing or recruiting a child to participate in exploitation in prostchild sexual in exploituation, 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 322 #
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Coercing or forcing a child into sexual 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 326 #
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 prostituchild sexual exploitation 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 336 #
Proposal for a directive
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7 a. Member States shall take the necessary measures to ensure that sexual extortion of children as defined in Article 2 paragraph 9 is punishable by a maximum term of imprisonment of at least 8 years.
Amendment 337 #
Proposal for a directive
Article 5 – title
Article 5 – title
Offences concerning child sexual abuse material and instructions manuals on how to sexually abuse children
Amendment 339 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Acquisition or possession of child sexual abuse material and instructions manuals on how to sexually abuse children shall be punishable by a maximum term of imprisonment of at least 12 year.
Amendment 344 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Knowingly obtaining access, by means of information and communication technology, to child sexual abuse material and instructions manuals on how to sexually abuse children shall be punishable by a maximum term of imprisonment of at least 12 year.
Amendment 349 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Distribution, dissemination or transmission of child sexual abuse material instructions manuals on how to sexually abuse children shall be punishable by a maximum term of imprisonment of at least 2 years.
Amendment 353 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Offering, supplying or making available child sexual abuse material and instructions manuals on how to sexually abuse children shall be punishable by a maximum term of imprisonment of at least 2 years.
Amendment 356 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Production of child sexual abuse material and instructions manuals on how to sexually abuse children shall be punishable by a maximum term of imprisonment of at least 34 years.
Amendment 368 #
Proposal for a directive
Article 5 – paragraph 8 – point a
Article 5 – paragraph 8 – point a
a. receive and analyse reports of suspected child sexual abuse material, submitted to them by victims, online users or other organisations acting in the public interest against child sexual abuse, including the downloading of child sexual abuse material by the organisation<;
Amendment 376 #
Proposal for a directive
Article 5 – paragraph 9
Article 5 – paragraph 9
9. It shall be within the discretion of Member States to decide whetherMember States shall ensure that this Article applies to cases involving child sexual abuse material as referred to in Article 2 , point (36)(c) , where the person appearing to be a child was in fact 18 years of age or older at the time of depiction.
Amendment 382 #
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 and or establish a relationship with 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), Article 4 and Article 5(6), where that proposal was followed by material acts leading to such a meetingoffences, shall be punishable by a maximum term of imprisonment of at least 1 year;
Amendment 398 #
Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
Member States shall take the necessary measures to ensure that an attempt, including by means of information and communication technology, to commit the offences provided for in Article 4(2) and (5) by an adult causing a child to participate in child sexual abuse performances and sexual exploitation in prostitution is punishable by a maximum term of imprisonment of at least 6 months.
Amendment 403 #
Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1 a (new)
Article 6 – paragraph 3 – subparagraph 1 a (new)
Member States shall ensure that law enforcement authorities promptly investigate attempts of solicitation of children for sexual purposes. Member States shall ensure that child victims of such solicitation attempts are effectively referred to relevant support services for assistance and protection.
Amendment 408 #
Proposal for a directive
Article 7 – title
Article 7 – title
Amendment 422 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. It shall be within the discretion of Member States to decide whetherMember States shall ensure that Article 3(2), (4) and (4)7) do not apply to consensual sexual activities between peers, in so far as the acts did not involve any abuse or any other act constitutive of sexual violence.
Amendment 426 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. Member States should ensure that peers should not be criminalised for consensual and non-exploitative sexual activity, provided that there is no element of coercion, abuse of trust or dependency between the peers.
Amendment 428 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. It shall be within the discretion of Member States to decide whetherMember States shall ensure that Article 4(4) does 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 433 #
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – introductory part
Article 10 – paragraph 3 – subparagraph 1 – introductory part
Amendment 435 #
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – point a
Article 10 – paragraph 3 – subparagraph 1 – point a
Amendment 439 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. It shall be within the discretion of Member States to decide whetherMember States shall ensure that Article 6 does not appliesy to proposals, conversations, contacts or exchanges between peers.
Amendment 443 #
Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1
Article 10 – paragraph 5 – subparagraph 1
For the purpose of paragraphs 1 to 4, a child above the age of sexual consent can be considered as having consented to an activity only where the consent was given voluntarily, as result of the child’s free will assessed in the context of the surrounding circumstances. A child above the age of sexual consent cannot be considered to have consented when the child was unable to form a free will due to the presence of the circumstances described in Article 3(5) or due to other circumstances, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, freezing, illness or bodily injury.
Amendment 451 #
Proposal for a directive
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Consensual sharing of one’s intimate images or, videos or similar material cannot be interpreted as consent to any further sharing or dissemination of that same image or video, videos or similar material, including in a manipulated or altered version. Member States shall take criminalise the further sharing or dissemination of these materials.
Amendment 458 #
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 young child, a child with a mental or physical disability, a child who is seen as not conforming to conventional norms relating to sexual orientation, gender identity and expression or sex characteristics, a child in alternative care, children in situation of migration both unaccompanied or accompanied, or a child with a mental or physical condition or disability, in a situation of dependence or in a state of physical or mental incapacity;
Amendment 466 #
Proposal for a directive
Article 11 – paragraph 1 – point h
Article 11 – paragraph 1 – point h
(h) the offence was committed repeatedly, and or continuously over a period of time;
Amendment 471 #
Proposal for a directive
Article 11 – paragraph 1 – point j a (new)
Article 11 – paragraph 1 – point j a (new)
(j a) the offence was committed exploiting one or more than one grounds protected under Article 21 of the Charter of Fundamental Rights of the European Union and resulted in either a direct or an indirect discrimination, prohibited under EU law;
Amendment 474 #
Proposal for a directive
Article 11 – paragraph 1 – point j b (new)
Article 11 – paragraph 1 – point j b (new)
(j b) the offence was committed within the context of a conversion therapy practice;
Amendment 475 #
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 mayshall be temporarily or permanently prevented from exercising at least professional activities involvand organised voluntary activities involving or facilitating direct and regular contacts with children.
Amendment 479 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall take the necessary measures to ensure thatrequire employers, when recruiting a person for professional or organised voluntary activities involving or facilitating direct and regular contacts with children, and organisations acting in the public interest against child sexual abuse, when recruiting staff, consultant and volunteers, are required to request information in accordance with national law by way of any appropriate means, such as access upon request or via the person concerned, of the existence of criminal convictions for any of the offences referred to in Articles 3 to 9 , entered in the criminal record or of the existence of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions.
Amendment 481 #
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 , 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 in accordance with human and children’s rights. 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 485 #
Proposal for a directive
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3 a. Member States must ensure that the functioning of mechanisms to centrally register any information on convictions or disqualifications mentioned in paragraphs 3 are guided by human and children’s rights.
Amendment 490 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall, in accordance with the basic principles of their legal systems take the necessary measures to ensure that competent national authorities are entitledo not to prosecute or impose penalties on child victims of sexual abuse and sexual exploitation for their involvement in criminal activities, which they have been compelled to commit as a direct consequence of being subjected to any of the acts referred to in Article 4(2), (3), (5) and (6), and in Article 5 (4), (5) and (6).
Amendment 494 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 1
Article 16 – paragraph 2 – subparagraph 1
Member States shall take the necessary measures to enable the prosecution of any of the offences referred to in Article 3, Article 4(2), (3), (4), (5), (6), (7) and (7) ,8) of any serious offences referred to in Article 5(6) when child sexual abuse material as referred to in Article 2 , points (3)(a) and (b) has been used, and of any of the offences referred to in Articles 7 and 8 , for a sufficient period of time after the victim has reached the age of majority and beyond victims’ average age of disclosure, and which is commensurate with the gravity of the offence concerned.
Amendment 498 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – introductory part
Article 16 – paragraph 2 – subparagraph 2 – introductory part
This period of time referred to in the first subparagraph shall be: at least 40 years from the date the victim has reached the age of majority. The period of time referred to in the second subparagraph shall be interrupted by any act initiating the judicial proceedings or any subsequent proceedings for offences listed in paragraph 2 first subparagraph conducted against the same offender. If the offender commits another offence listed in paragraph 2 first subparagraph before the expiry of the limitation period, the limitation period of the initial offence is prolonged until the the date on which the limitation period for the new offence expires.
Amendment 499 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point a
Article 16 – paragraph 2 – subparagraph 2 – point a
Amendment 505 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point b
Article 16 – paragraph 2 – subparagraph 2 – point b
Amendment 513 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point c
Article 16 – paragraph 2 – subparagraph 2 – point c
Amendment 524 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall ensure that persons, units or services investigating and prosecuting the offences referred to in Articles 3 to 9have sufficient staff, expertise and effective investigative tools to effectively investigate and prosecute such crimes, including those committed through the use of information and communication technology, in accordance with the applicable rules of Union and national law. Where appropriate, tThese tools shall include psychological forensic experts, and, where appropriate, special investigative tools, such as those which are used in countering organised crime or other serious crime cases, like the possibility to conduct undercover investigations.
Amendment 527 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall take the necessary measures to encourage any natural or legal 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 affecting 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 530 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Member States shall ensure that at least professionals and volunteers working in close contact with children in the child protection, education, childcare and health care 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 535 #
Proposal for a directive
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3 a. Member States shall ensure the existence of accessible, visible, clear, user-friendly and gender sensitive reporting mechanisms in accordance with the Barnahus quality standards. Member States shall ensure that these reporting mechanisms are adequately resourced, including in terms of funding and staffing.
Amendment 542 #
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, through diversified mechanisms and not limiting it to the criminal proceedings, the offences referred to in Articles 3 to 9 of this Directive to the competent authorities 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 547 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States shall ensure that the reporting procedures referred to in paragraph 1 are safe, confidentialaccessible, diversified, safe, confidential, available in offical and widely spoken languages, and designed in a child-friendly manner and language, in accordance with their age and, maturity and specific needs and conditions. Member States shall ensure reporting is not conditional upon parental consent.
Amendment 548 #
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. Member States shall set age and need-appropriate multidisciplinary interagency structures for responding to child sexual abuse, including when committed by means of information and communication technology. Member States should also encourage and support, including financially, other reporting mechanisms, notably: (a) the development of dedicated helplines and hotlines, including but not only under the number 116 000 for missing children, (b) the appointment of well-being officers by online platforms, specifically trained to receive, assess and report suspicion of child sexual abuse and exploitation. Member States shall ensure that these reporting systems are fully integrated into national child protection systems.
Amendment 552 #
Proposal for a directive
Article 18 – paragraph 2 b (new)
Article 18 – paragraph 2 b (new)
2 b. Member States shall ensure that reporting mechanisms are adequately resourced, including in terms of funding and staffing.
Amendment 555 #
Proposal for a directive
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3 a. Member States shall ensure that primary carers, specifically mothers acting in the child’s best interest to prevent harm, shall not face criminal charges or civil liabilities for any protective actions taken in good faith to prevent or respond to suspected child sexual abuse. Protective actions shall not be grounds for civil lawsuits, including but not limited to defamation, alienation, or custody interference, provided these actions were taken with the reasonable belief that they were necessary for the child’s safety.
Amendment 567 #
Proposal for a directive
Article 21 – title
Article 21 – title
Assistance and support to victims and survivors
Amendment 569 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall take the necessary measures to ensure that assistance and specialised and appropriate support are provided to victims before, during and forand survivors as soon ans appropriate period of time report is made both (a) without the existence of a criminal proceeding and, (b) if it is the case, during criminal proceedings and for as long as needed after the conclusion of criminal proceedings and on an opt-out basis in order to enable them to exercise the rights set out in Directive 2012/29/EU , Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes] and in this Directive. Member States shall notably ensure that victims and adult survivors of offences referred to in Articles 3 to 9 have access to targeted and integrated support services for children in accordance with Article 9a of Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall, in particular, take the necessary steps to ensure protection and specific support for children who report cases of abuse within their family.
Amendment 576 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Victims and survivors shall be provided with comprehensive, specialist, coordinated, need and age-appropriate, trauma-informed, gender-sensitive medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of sexual abuse, including when committed by means of information and communication technology.
Amendment 583 #
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2 a. Member States shall, in particular, take specific actions to assist and support victims and survivors who are particularly vulnerable, including due to mental or physical disabilities in accordance with article 26(c) of Directive (EU)…/… [proposed Directive amending Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crimes]of the proposed Recast Victims’ Rights Directive (2023/0250).
Amendment 584 #
Proposal for a directive
Article 21 – paragraph 2 b (new)
Article 21 – paragraph 2 b (new)
2 b. Member States shall set age- appropriate multidisciplinary interagency structures for responding to child sexual abuse, including when committed by means of information and communication technology.
Amendment 592 #
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 and child survivors 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, needs, specific vulnerabilities and concerns.
Amendment 598 #
Proposal for a directive
Article 21 – paragraph 8 a (new)
Article 21 – paragraph 8 a (new)
8 a. Member States shall ensure that victims, survivors and their family receive tailored age-appropriate information about their right to support and assistance and processes to be followed, in accordance with Article 4 of Directive 2012/29/EU and Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes]. Member States shall take specific measures for child victims and survivors to ensure appropriate communication adapted to the child's age, maturity, needs and specific vulnerabilities. Persons with disabilities shall have the right to ask and receive such information in an accessible manner to them.
Amendment 599 #
Proposal for a directive
Article 21 – paragraph 8 b (new)
Article 21 – paragraph 8 b (new)
8 b. Victims and survivors shall have the right to receive, upon their request and on opt-out basis, information regarding any instances of child sexual abuse material depicting them hosted or disseminated in the EU.Member States shall take specific measures to ensure victims and survivors are informed about the potential impact of this request and have access to assistance and support throughout the process.
Amendment 600 #
Proposal for a directive
Article 21 – paragraph 8 c (new)
Article 21 – paragraph 8 c (new)
8 c. Member States shall take the necessary measures to ensure that the rights set out in this Directive are not made conditional on the victim's residence status, citizenship or nationality, in accordance with Directive 2012/29/EU.Member States shall, in particular, ensure that victims residing outside of the EU have access to the assistance and information in relation to material hosted or disseminated in the EU depicting them. Member States shall set up cooperation mechanisms with third- countries to facilitate non-EU victims’ request for removal and access to support and protection as well as judicial cooperation.
Amendment 601 #
Proposal for a directive
Article 21 – paragraph 8 d (new)
Article 21 – paragraph 8 d (new)
8 d. Member States shall offer the victims and survivors resilience training and education on victimisation, including understanding the impact of trauma, victims and survivors’ rights and childen’s rights, expanding the knowledge on the available support services, and creating guidelines to identify signs of victimisation and how to best assist.
Amendment 605 #
Proposal for a directive
Article 21 – paragraph 10
Article 21 – paragraph 10
10. Member States, supported by the EU Centre once established, shall issue guidelines for healthcare, education and social service professionals on providing appropriate support to victims of child sexual abuse or exploitation, including on referring victims to the relevant support services and clarifying roles and responsibilities. Such guidelines shall also indicate how to address the specific needs of victims. Such guidelines should serve as a basic example, but the efforts of Member States should not be limited to them alone. It is essential that these guidelines are designed and implemented in close cooperation with regional and local administrations, as well as with non- governmental organisations and experts. The entire process should be led, guided, and directed by the best interests of the child as a full rights-holder. In this way, a truly comprehensive and effective approach to protecting minors from abuse and exploitation will be ensured. The guidelines for healthcare, education and social service professionals should include protocols aimed at protecting children who may be victims of sexual violence. Such protocols should be based on key principles to prioritise the safety of the victim, namely: (a) Best interests of the child. Every decision must focus on safeguarding the child’s well-being and safety above all other interests. (b) Confidentiality. It is crucial to protect the privacy of the child to avoid re- victimization and stigmatisation. Information should only be shared with authorised professionals. (c) No re- victimisation. Avoid repeating questions and examinations, as this can cause additional trauma. Communication and proceedings should be tailored and limited to what is necessary. (d) Universality and non-discrimination. All children should have equal access to protection, regardless of gender, ethnicity, disability, or other factors. (e) Gender approach. The protocol should take into account gender differences and how they may affect the experience of abuse and the support process.
Amendment 608 #
Proposal for a directive
Article 22 – title
Article 22 – title
Protection of child victims in criminalren in investigations and proceedings
Amendment 615 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Member States shall take the necessary measures to ensure that inboth in criminal and no criminal investigations and proceedings, in accordance with the role of victims in the relevant justice system, competent authorities appoint a special representative for the child victim where, under national law, the holders of parental responsibility are precluded from representing the child as a result of a conflict of interest between them and the child victim, or where the child is unaccompanied or separated from the family.
Amendment 617 #
Proposal for a directive
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1 a. 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 and protection and social services.
Amendment 618 #
Proposal for a directive
Article 22 – paragraph 1 b (new)
Article 22 – paragraph 1 b (new)
1 b. Member States shall ensure that where child victims participate in criminal proceedings, they receive, without delay, appropriate support and protection throughout all stages of the criminal investigations and proceedings, taking due account of the child’s views, needs, specific vulnerabilities and concerns.
Amendment 619 #
Proposal for a directive
Article 22 – paragraph 1 c (new)
Article 22 – paragraph 1 c (new)
1 c. Member States shall ensure that child victims receive need and age- appropriate information about their rights and the processes to be followed in accordance with Article 4 of Directive 2012/29/EU and Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes].
Amendment 620 #
Proposal for a directive
Article 22 – paragraph 1 d (new)
Article 22 – paragraph 1 d (new)
1 d. Member States shall ensure that both criminal and non-criminal investigations and proceedings do not lead to a process of re-victimization of the child.
Amendment 621 #
Proposal for a directive
Article 22 – paragraph 1 e (new)
Article 22 – paragraph 1 e (new)
1 e. Member States shall take the necessary measures to ensure that children are heard and listened to with full guarantees and without age restrictions, ensuring, in any case, that this process is universally accessible in all administrative, judicial, or other proceedings related to the accreditation of violence and the reparation of victims. Member States shall take the necessary measures to prevent theoretical approaches or unscientific criteria that presume interference or adult manipulation, such as the so-called parental alienation syndrome, from being considered.
Amendment 622 #
Proposal for a directive
Article 22 – paragraph 3 – point e a (new)
Article 22 – paragraph 3 – point e a (new)
(e a) the interviews and any sharing of information by the child victim should be done with the child’s consent unless the consent itself is a reason for significant risk of harm.
Amendment 624 #
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, may be audio-visually recorded, with informed consent of the child victim and parent/legal guardian, when that parent/legal guardian is not involved in the crime committed, and 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 629 #
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 courtjudicial proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s age and maturity in the relevant court proceedingsbest interest, age, maturity and specific needs in the relevant investigation and judicial proceedings. Member States shall ensure this applies to all children, including those alleged as, accused of or convicted of a crime.
Amendment 637 #
Proposal for a directive
Article 23 – title
Article 23 – title
Victim’s and survivor’s right to compensation
Amendment 641 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall ensure that victims and survivors 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 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 644 #
Proposal for a directive
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1 a. Member States shall ensure that the right to reparation or mitigation of its effects is not fulfilled solely through the right to compensation, but rather through comprehensive reparation beyond economic means. Economic compensation as the only form of reparation shall not serve as a mitigating factor for the penalty.
Amendment 645 #
Proposal for a directive
Article 23 – paragraph 3 – introductory part
Article 23 – paragraph 3 – introductory part
3. The period referred to in the first subparagraph shall be: at least 40 years from the date the victim has reached the age of majority.
Amendment 646 #
Proposal for a directive
Article 23 – paragraph 3 – point a
Article 23 – paragraph 3 – point a
Amendment 649 #
Proposal for a directive
Article 23 – paragraph 3 – point b
Article 23 – paragraph 3 – point b
Amendment 652 #
Proposal for a directive
Article 23 – paragraph 3 – point c
Article 23 – paragraph 3 – point c
Amendment 662 #
Proposal for a directive
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
The EU Centre, once established, shall support national authorities in carrying out the activities listed in paragraph 1.
Amendment 683 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research, education and trainingmaterial, age-appropriate sexual and emotional education programmes for material children, where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness and, supporting children to recognise sexual violence, understand their rights and therefore reducinge the risk of children, becoming victims of sexual abuse or sexual exploitation.
Amendment 686 #
Proposal for a directive
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
2 a. Member States shall ensure the right to sexual education and safe online and offline practices, as well as the proper use of the internet and new technologies, as a requisite to identify situations of sexual violence, including abuse and sexual exploitation.
Amendment 689 #
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Member States shall promotensure regular and specialised training , including in child friendly justice for professionals, judges and officials likely to come into contact with child victims of sexual abuse or sexual exploitation, including , but not limited to, child protection professionals, legal professionals, child care, healthcare professionals, teachers and educators, family court judges and front-line police officers, aimed at enabling them to detect early signs of abuse, identify and deal with child victims and potential child victims of sexual abuse or sexual exploitation.
Amendment 691 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
Member States shall take appropriate measures to enhancsure the prevention of child sexual abuse in all community settings and organisations whose staff and volunteers work in close contact with children, including schools, hospitals, daycare centres, social care services, sports clubs or religious communities.
Amendment 695 #
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 working in such settingsand volunteers working in close contact with children, including on how to prevent, identify and provide an age appropriate, gender- sensitive and trauma-informed response to child sexual abuse and exploitation;
Amendment 699 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2 – point b
Article 28 – paragraph 4 – subparagraph 2 – point b
(b) mandatory child safeguarding policies, dedicated guidelines, internal protocols and standards identifying good practices, such as the establishment of mechanisms of supervision and accountability for staff working in close contact with children in such settings;
Amendment 700 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2 – point c
Article 28 – paragraph 4 – subparagraph 2 – point c
(c) the creation of safe spaceand accessible spaces, such as confidential helplines or platforms, run by dedicated and appropriately trained personnel, where children, parents, carers and members of the community can report inappropriate behaviour.
Amendment 702 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2 – point c a (new)
Article 28 – paragraph 4 – subparagraph 2 – point c a (new)
(c a) criminal background checks for abusive behavior;
Amendment 703 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 3
Article 28 – paragraph 4 – subparagraph 3
Prevention measures shall devote particular attention to the need to protect children who are particularly vulnerable, including children with mental or physical disabilities, children in contexts of migration, both unaccompanied or accompanied, or children who do not conform to conventional norms relating to sexual orientation, gender identity and expression or sex characteristics.
Amendment 707 #
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 violence, regardless of criminal proceedings, to ensure the protection and safeguarding of the child’s best interests.
Amendment 711 #
Proposal for a directive
Article 28 – paragraph 5 a (new)
Article 28 – paragraph 5 a (new)
5 a. Member States should ensure that the actions listed in the above paragraph are evidence-based and take into account the evolving manifestations of the offences listed in the Directive, including online.
Amendment 712 #
Proposal for a directive
Article 29 – title
Article 29 – title
Intervention programmes or measures on a voluntary basis in the course of or after criminal proceedings
Amendment 714 #
Proposal for a directive
Article 29 – paragraph 3 – introductory part
Article 29 – paragraph 3 – introductory part
3. Member States shall take the necessary measures to ensure that the following persons maypersons subject to criminal proceedings for any of the offences referred to in Articles 3 to 9, under conditions which are neither detrimental nor contrary to the rights of the defence or to the requirements of a fair and impartial trial, and, in particular, in compliance with the principle of the presumption of innocence have access to the intervention programmes or measures referred to in paragraph 1:.
Amendment 716 #
Proposal for a directive
Article 29 – paragraph 3 – point a
Article 29 – paragraph 3 – point a
Amendment 718 #
Proposal for a directive
Article 29 – paragraph 3 – point b
Article 29 – paragraph 3 – point b
Amendment 720 #
Proposal for a directive
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3 a. Member States shall take the necessary measures to ensure that persons convicted of any of the offences referred to in Articles 3 to 9 participate in intervention programmes or measures referred to in paragraph 1.
Amendment 721 #
Proposal for a directive
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Member States shall take the necessary measures to ensure that the persons referred to in paragraphs 3 and 4 are subject to an assessment of the danger that they present and the possible risks of repetition of any of the offences referred to in Articles 3 to 9 , with the aim of identifying appropriate intervention programmes or measures.
Amendment 726 #
Proposal for a directive
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5 a. When the person convicted is under the age of 18, Member States shall take the necessary measures to encourage alternatives to imprisonment prior to considering criminal sanctions and detention.
Amendment 727 #
Proposal for a directive
Article 30 – title
Article 30 – title
Measures against websites containing or disseminating child sexual abuse material and instructions manuals on how to sexually abuse children
Amendment 732 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall take the necessary measures to ensure the prompt1a removal of web pages containing or disseminating child sexual abuse material hosted in their territory and to endeavour to obtain the removal of such pages hosted outside of their territory. _________________ 1a For the purpose of paragraph 1, ‘prompt removal’ means that the content must be removed within 24 hours of being notified.
Amendment 734 #
Proposal for a directive
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1 a. Member States shall take the necessary measures to ensure that online service providers who fail to remove the content promptly, as outlined in paragraph 1, is punishable by effective, proportionate and dissuasive sanctions, which may include criminal or non- criminal fines or other sanctions, such as listed in Article 14 (1).
Amendment 736 #
Proposal for a directive
Article 30 – paragraph 1 b (new)
Article 30 – paragraph 1 b (new)
1 b. Member States shall require online service providers: (a) to provide information about competent national support services and reporting mechanisms; (b) to report to the competent child protection service any child victim of offences referred to in Articles 3 to 9 who they know about or suspects, in good faith, to have been committed.
Amendment 740 #
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Member States may take measures to promptly1a block access to web pages containing or disseminating child sexual abuse material towards the Internet users within their territory. These measures must be set by transparent procedures and provide adequate safeguards, in particular to ensure that the restriction is limited to what is necessary and proportionate, and that users are informed of the reason for the restriction. Those safeguards shall also include the possibility of judicial redress. _________________ 1a For the purpose of paragraph 1, ‘prompt removal’ means that the content must be blocked within 24 hours of being notified.