198 Amendments of Isabel SERRA SÁNCHEZ
Amendment 64 #
2024/2081(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, as set out in Article 2 TEU; whereas the EU’s action worldwide ishould be guided by the universality and indivisibility of human rights and by the fact that the effective protection and defence of human rights and democracy is at the core of the EU’s external action;
Amendment 84 #
2024/2081(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the rise in authoritarianism, and illiberalism and populismregimes as well as a number of long-established democratic countries are threatensing the global rules-based order, the protection and promotion of human rights in the world, as well as the values and principles on which the EU is founded;
Amendment 99 #
2024/2081(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the legitimacy of the international rules-based order is dependent on compliance with the orders of international bodies, such as the United Nations Security Council resolutions and orders and decisions of the International Court of Justice; whereas there are increasing global threats to compliance with such orders and decisions, as well as, generally, with provisions of international law, human rights law and international humanitarian law in emerging and ongoing conflict situations; whereas international institutions, their officials, and those cooperating with them such as the International Criminal Court are the subject of attacks and threats;
Amendment 103 #
2024/2081(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the legitimacy of the international rules-based order is dependent on compliance with the orders of international bodies, such as the United Nations Security Council resolutions and orders and decisions of the International Criminal Court and the International Court of Justice; whereas there are increasing global threats to compliance with such orders and decisions, as well as, generally, with provisions of international law, human rights law and international humanitarian law in emerging and ongoing conflict situations;
Amendment 108 #
2024/2081(INI)
Motion for a resolution
Recital I
Recital I
I. whereas human rights defenders (HRDs) and civil society organisations (CSOs) are crucial partners in the EU’s efforts to safeguard and advance human rights, democracy and the rule of law, as well as to prevent conflicts globally; whereas governments and non-state actors around the world are increasingly censoring, silencing and harassing HRDs and CSOs in their work; whereas this behaviour includes measures encompassing strategic lawsuits against public participation (SLAPPs), restrictive government policies, defamation campaigns, discrimination, intimidation and violence, including extrajudicial killings, abductions, and arbitrary arrests and detention; whereas attacks on HRDs are increasingly extending to their families and communities; whereas women human rights defenders and civil society organisations working on gender equality, women’s rights and sexual and reproductive health and rights continue to experience shrinking space for their critical work as well as threats of violence, harassment and intimidation;
Amendment 131 #
2024/2081(INI)
Motion for a resolution
Recital J
Recital J
J. whereas environmental harm and the impacts of climate changeemergencies including those resulting from climate change, deforestation, and extractive business operations are intensifying precariousness, marginalisation and inequality, and increasingly displacing people from their homes or trapping them in unsafe conditions, thereby heightening their vulnerability and jeopardising their human rights;
Amendment 152 #
2024/2081(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the EU must be fully prepared to countershould condemn the rise of authoritarianism, and illiberalism and populism, as well as the increasing attacks on the universality of human rights, democracy and international humanitarian law; Notes with concern the lack of EU’s consistency in its external action regarding human rights and the increasing compartmentalisation of human rights by the EU in its discourse and actions; expresses its deep concern on the fact that the EU and certain Member States continue to defend business, military, antiterrorism and migration interests over human rights and democracy;
Amendment 167 #
2024/2081(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Condemns the increasing trend of violations and abuses of human rights and democratic principles and values across the world, such as deepening levels of inequality, threats of regressions on human rights, notably women’s rights arbitrary arrests and detentions, torture and ill-treatment, clampdowns on civil society and political opponents, excessive use of violence by public authorities, violent crackdowns on peaceful protests and other assemblies, censorship and threats to independent media, political attacks against international institutions, and increasing use of unlawful methods of war in grave breach of international humanitarian law and human rights law, among others; deplores the weakening of the protection of democratic institutions and processes, and the shrinking space for civil societies around the world;
Amendment 180 #
2024/2081(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Strongly condemns and is deeply concerned by the ongoing Genocide committed by the Israeli authorities in the Gaza Strip; denounces the atrocities, war crimes and serious violations of international law and international humanitarian law committed by the Israeli armed forces in Gaza, West Bank and Lebanon; condemns in the strongest terms the Israeli indiscriminate attacks with airstrikes and the use of chemical weapons against civilians, the forced expulsion of populations, the attacks on hospitals, schools, basic infrastructures and the denial of humanitarian aid access, underlines that these attacks are war crimes and a violation of the Geneva Convention; condemns Israel’s policy of collective punishment against the people of Gaza, which is contrary to international humanitarian law and must be stopped;
Amendment 181 #
2024/2081(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls for an immediate and permanent ceasefire in Gaza, an end to violence, for de-escalation and for full compliance with international law and international humanitarian law;
Amendment 182 #
2024/2081(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Strongly condemns, based on the statements of the UN, those who suffer the most in any armed conflict are women and children; in the case of the genocide against Palestine, preventing the entry of food and medicine and bombing hospitals and refuge areas further aggravates the violations of women's rights; denounces and rejects the use of sexual violence against women and girls as a a weapon of war by the Israeli army;
Amendment 183 #
2024/2081(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Is seriously concerned at the persistence of the scourge of protracted occupation or annexation of territories; calls to pay special attention to the human rights situation in the illegally occupied territories including in cases of protracted occupation such as in Palestine and Western Sahara, and the multiple frozen conflicts, and take effective measures with the aim to prevent grave human rights abuses on the ground, including the violation of right to life, restriction of freedom of movement, and discrimination;
Amendment 184 #
2024/2081(INI)
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Strongly condemns Israel’s colonial-settlement and its continued expansion, which violates international law and fuels Palestinian resentment; notes that according to national and international NGOs, the system of oppression and domination that the Israeli government imposes on the Palestinian population in all areas under its control and on Palestinian refugees, constitutes apartheid and is prohibited by international law; recalls the opinion issued by the International Court of Justice on 19 July, which concluded that the State of Israel ‘is under an obligation to immediately cease all new settlement activities and to evacuate all settlers from the Occupied Palestinian Territory’; calls on the EU Member States to demand Israel to fully end the occupation of Palestine, including East Jerusalem, thereby to pave the way for peace;
Amendment 185 #
2024/2081(INI)
Motion for a resolution
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Deplores the flagrant human rights violations committed in Western Sahara, from the violation of freedom of expression and assembly, the torture and ill-treatment reported by political prisoners, the unfair trials, the repression during demonstrations (including cases of torture and killings), and the prohibition of free entry to the occupied territories for observers and the international press; stresses that Western Sahara is a separate and distinct territory in relation to any State, including Morocco; urges on the EU and the Member States to support the self-determination and decolonization efforts of Sahrawi people by ensuring an urgent, just and lasting solution to the conflict in Western Sahara, based on the right to self-determination of the Saharawi people and in accordance with the relevant UN Resolutions;
Amendment 190 #
2024/2081(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes with deep concern the ongoing international crisis of accountability and the challenge to the pursuit of ending impunity for violations of core norms of international human rights and humanitarian law in modern conflicts around the world; is firmly opposed to any reorientation of the CFSP towards greater militarisation focused solely on strengthening NATO and considers that European policies should be solely focused on peace and conflict resolution;
Amendment 234 #
2024/2081(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the failure of the introduction of human rights clauses in free trade agreements with third countries, as such agreements have even led to the violation of basic economic and social rights, including the impoverishment of the populations concerned and the hoarding of resources by transnational companies; Reiterates its call to include robust clauses on human rights in agreements between the EU and non-EU countries, supported by a clear set of benchmarks and procedures to be followed in the event of violations, including the suspension; calls on the Commission and the EEAS to actively reflect on how to ensure that the human rights clauses in current international agreements are effectively enforced; urges the EU to refrain from engaging in international agreements with authoritarian regimes and those who doesn’t respect human rights; reiterates that in the face of persistent breaches of human rights clauses by its partner countries, the EU should react swiftly and decisively, including by suspending the agreements in question if other options prove ineffective;
Amendment 244 #
2024/2081(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Notes that Israel stands accused of genocide; Stress that the EU-Israel Association Agreement is, according to its Article 2, based on the fulfilment of human rights and emphasizes these as a guiding principle; calls, therefore, for the immediate termination of the EU-Israel Association Agreement;
Amendment 245 #
2024/2081(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Urges the EU and its Member States to fully comply with the TJEU rule, and to suspend the EU-Morocco Association Agreements;
Amendment 251 #
2024/2081(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the important role of human rights dialogues within the EU’s human rights toolbox and as a key vehicle for the implementation of the EU action plan on human rights and democracy; highlights that these dialogues should address the overall situation of human rights and democracy with the relevant countries; and calls on the EU to systematically raise gender equality issues, including sexual and reproductive health and rights, with third countries; notes that human rights dialogues should be seen as a key element of sustained EU engagement and not as a free-standing instrument; recalls that these dialogues need to be used in conjunction and synergy with other instruments; reiterates the need to raise individual cases, in particular those highlighted by Parliament in its resolutions, and ensure adequate follow-up; calls to increase the visibility of these dialogues and their outcomes, including through the publication of a joint press statementensuring that are results-oriented and based on clear set of benchmarks that enable effective monitoring, including through effective ex-ante and ex-post consultation with civil society and the publication of a joint press statement and to conduct suitable follow-up action to them;
Amendment 273 #
2024/2081(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. WelcomNotes the increasing use of the EU GHRSR as a key political tool in the EU’s defence of human rights and democracy across the worlddemands, however, that this mechanism should not be used for geostrategic interests and that it should also apply to likeminded countries such as Israel, accused of committing genocide in Gaza; notes, however, the challenges that the requirement of unanimity poses in the adoption of sanctions and reiterates its call for the introduction of qualified majority voting for decisions on the GHRSR; fully supports the possibility of imposing targeted anti-corruption sanctions within the EU framework in this regard, which has been a long-standhighlights the need for the complete enforcement of sanctions and calls for circumventions to be tackled; calls for sanctions that have a direct effect on the population to be lifted, ing priority of Parliament, whether through its inclusion in the GHRSR or under a different regime; highlights the need for the complete enforcement of sanctions and calls for circumventions to be tackarticular those aimed at promoting political change in countries or responding to human rights violations, to avoid increasing the suffering of the peopleds;
Amendment 282 #
2024/2081(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates its concern regarding the increasing attacks by authoritarian and illiberal regimes and also by a number of long-established democratic countries across the world on democratic principles and values; stresses that the defence and support of democracy around the world is increasingly becoming of geopolitical and strategic interest; emphasises the importance of Parliament’s efforts in capacity-building for partner parliaments, promoting mediation and encouraging a culture of dialogue and compromise, especially among young political leaders, and empowering women parliamentarians, HRDs and representatives from civil society and independent media; reiterates its call on the Commission to continue and expand its activities in these areas by increasing funding and support for EU bodies, agencies and other grant-based organisations; stresses the critical importance of directly supporting civil society and persons expressing dissenting views, particularly in the current climate of growing global tensions and repression in increasing numbers of countries; reiterates the importance of EU election observation missions and Parliament’s contribution to developing and enhancing their methodology; calls for enhanced collaboration between Parliament’s Democracy Support and Election Coordination Group, the relevant Commission directorates-general and the EEAS;
Amendment 287 #
2024/2081(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is extremely concerned by the continuing restriction of civil society space and rising threats to the work of HRDs and civil society organisations (CSOs), as well as their families, communities and lawyers, and finds particularly concerning the increasingly sophisticated means used to persecute them; supports wholeheartedly the work of HRDs and EU action to ensure their protection worldwide; calls for the complete and consistent application of the EU Guidelines on HRDs by the EU and its Member States; calls for efforts to strengthen the visibility of EU actions and channels for the protection and support of HRDs:deplores the harassment of CSOs through legislative provisions such as foreign agents laws and similar, and other restrictions they face; highlights the increasing phenomenon worldwide of transnational threats against HRDs; supports wholeheartedly the work of HRDs and EU action to ensure their protection worldwide; Urges the EU and its Member States to reinforce their budgetary commitments to human rights defenders, ensuring flexible, accessible, and long-term funding mechanisms that allow HRDs to sustain their critical work amidst rising challenges; calls for the complete and consistent application of the EU Guidelines on HRDs by the EU and its Member States; calls for efforts to strengthen the visibility of EU actions and channels for the protection and support of HRDs: Calls for the EU and its Member States to urge third countries to adopt – in consultation with HRDs – legislation or policies that explicitly recognize the right to defend human rights and enable its exercise, and to call for the creation of well-resourced mechanisms and systems dedicated to the protection of HRDs that adopt a comprehensive, collective and preventative approach;
Amendment 296 #
2024/2081(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Deplores that women human rights defender continue to face relentless and ever-more sophisticated violations against them, including targeted killings, physical attacks, disappearances, smear campaigns, arrests, judicial harassment and intimidation; notes with concern that these attacks seem designed to systematically silence women human rights defenders and erase their voices from the public sphere; condemns the impunity with which perpetrators commit violations against women human rights defenders, both in the public and private spheres; deplores that political leaders often fail to protect women human rights defenders against powerful and dangerous anti-gender popular movements, and sometimes even embolden them; calls on the EU and its Member States to continue and enhance their support for women human rights defenders in every possible fora;
Amendment 301 #
2024/2081(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. urges to establish an EU-wide multi-entry visa scheme for HRDs at risk; hereby urges the Member States to undertake procedural enhancements within their diplomatic missions, ensuring expeditious, comprehensible, accessible and attainable visa application processes; further calls on the Member States to collaboratively establish and integrate a dedicated category within the EU Visa Code, thereby streamlining visa procedures and promoting uniformity in the EU’s visa application process;
Amendment 324 #
2024/2081(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Reaffirms that promoting the respect, protection and fulfilment of human rights around the world requires strong international cooperation at a multilateral level; underlines the particularly important role of the UN and its bodies as the main forum which must be able to effectively advance efforts for peace and security, sustainable development and respect for human rights and international law; calls for the EU and its Member States to continue supporting the work of the UN, both politically and financially; reiterates the need for the EU and its Member States to speak with one voice at the UN and in other multilateral forums; calls for EU delegations to play a stronger role in multilateral forums, for which they should have appropriate resources available;
Amendment 344 #
2024/2081(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is deeply concerned by growing attacks against the rules-based global order by authoritarian regimes and also by a number of long-established democratic countries across the world, including through the undermining of the functioning of UN bodies, namely the abuse of veto power at the UN Security Council; underlines that the diminished effectiveness of these bodies brings with it real costs in terms of conflicts, lives lost and human suffering, and seriously weakens the general ability of countries to deal with global challenges; calls on the Member States and like- minded partners to intensify their efforts to reverse this trend;
Amendment 346 #
2024/2081(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Deplores the lack of action by the European Union and by US in the face of the unsubstantiated attacks originating from the Israeli Government and army towards the UN and, in particular, the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) and even against the general secretary who has been declared persona non grata;
Amendment 350 #
2024/2081(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the political and financial support the EU has given to the International Criminal Court (ICC), including the Office of the Prosecutor (OTP) of the ICC, not least and through the launch of the ‘Global initiative to fight against impunity for international crimes’ offering EUR 20 million of support to the ICCcivil society organizations dedicated to foster justice and accountability for international crimes and serious human rights violations, including by enhancing survivors’ participation in processes; calls for the EU and its Member States to keepcontinue and intensify its supporting to the ICC with the necessary means andincluding resources and political backing and to use all instruments at its disposal to strengthen the fight against impunity worldwide; calls on all the Member States to protect the integrity of the court-s treaty, respect and uphold respect the actions and decisions of all organs of the ICC, including the OTP and the Chambers, to urge other countries to join and cooperate with the court, including to enforce ICC arrest warrants and to support their work as an independent and impartial international justice institution everywhere in the world without exception;
Amendment 366 #
2024/2081(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Reiterates the strong support of the EU for the International Court of Justice and the ICC amid a particularly challenging time for the international justice; notes with deep concerncondemns the worrying and rising trend by state officials to undermine the decisions of international institutions and their employees by state official; and those who cooperate with it; calls for the EU and its Member States to protect the International Criminal Court, its officials, and those cooperating with it from threats and attacks;
Amendment 370 #
2024/2081(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls for support for the initiative of the Republic of South Africa to prosecute Israel for war crimes and genocide in Gaza; calls on the Member States to support the ICJ and to demand that Israel immediately comply with the legally binding orders issued by the court in January, March and May 2024 in which the ICJ ordered Israel to prevent genocide against Palestinians and let necessary aid enter Gaza;
Amendment 388 #
2024/2081(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Denounces that almost all civilians in Gaza are displaced and nearly all suffer from hunger; reminds that the International Court of Justice has ordered Israel to let necessary aid enter Gaza and in that sense calls on the Israeli Government to ensure the urgently needed provision of basic services and humanitarian assistance;
Amendment 389 #
2024/2081(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Highlights that UNRWA plays an irreplaceable role in providing critical aid to ensure the day to day survival of 2.2 million civilians in Gaza, who are facing an unspeakable threat to their lives and most basic rights; rejects the suspension of funding to UNRWA and calls to the EU and its Member States to grant UNRWA support with the proper funding to continue and to improve its life-saving humanitarian work;
Amendment 391 #
2024/2081(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Given the gendered impacts of armed conflicts, deplores the insufficient priority and focus given to sexual and gender-based violence and to sexual and reproductive health and rights across the EU’s humanitarian and refugee response; reiterates that humanitarian crises intensify SRHR- and gender-related challenges and recalls that in crisis zones, particularly among vulnerable groups such as refugees and migrants, women and girls are particularly exposed to sexual violence, sexually transmitted diseases, sexual exploitation, rape as a weapon of war and unwanted pregnancies; calls on the Commission and Member States to give high priority to gender equality and SRHR in their humanitarian aid response, as well as accountability and access to justice and redress for sexual and reproductive rights violations and gender-based violence including in terms of training for humanitarian actors and existing and future funding;
Amendment 392 #
2024/2081(INI)
Motion for a resolution
Paragraph 21 d (new)
Paragraph 21 d (new)
21d. Expresses concern over frequent violations of Common Position 2008/944/CFSP defining common rules governing control of exports of military technology and equipment; calls on all the Member States to strictly observe the EU Code of Conduct on Arms Exports, and in particular to halt all transfers of weapons, surveillance and intelligence equipment and materials that could be used by governments, terrorist groups or mercenaries to crack down on human rights and a fortiori for the purposes of armed conflict; stresses that some EU Member States are among the largest arms exporters in the world and considers it essential to apply and strengthen international standards on arms sales to prevent any EU Member State or European company from participating directly or indirectly in an escalation of violence or in the financing of armies or groups involved in abuses; calls for these companies to commit to their moral, social and legal responsibilities;
Amendment 393 #
2024/2081(INI)
Motion for a resolution
Paragraph 21 e (new)
Paragraph 21 e (new)
21e. Calls for Member States to immediately stop arms exports to Israel in line with Council Common Position 2008/944/CFSP defining common rules governing control of exports of military technology and equipment; warns that states which support Israel with arms shipments can now be sued in the ICJ for aiding and abetting genocide against Palestinians in violation of Article 3(e) of the Genocide Convention, which criminalises complicity;
Amendment 412 #
2024/2081(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Condemns any action or attempt to legalise, instigate, authorise, consent or acquiesce to torture and other cruel, inhuman or degrading treatment or punishment methods under any circumstances; condemns the increasing reports of the use of torture by state actors in many different contexts including in custodial and extra custodial settings, particularly in the context of protests, and in conflict situations around the world, and reiterates the non-derogable nature of the right to be free from torture or other forms of inhuman or degrading treatment; echoes human rights bodies’ recognition that banning abortion may subject women to suffering amounting to torture or cruel, inhuman or degrading treatment, and calls for reform of restrictive abortion laws; reiterates its calls for universal ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol and the necessity for States to bring their national provisions into line with their international commitments;
Amendment 424 #
2024/2081(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls that the right to food, including having physical and economic access to adequate food or the means to its procurement, is a human right; is extremely concerned about the challenges to the right to food worldwide, especially in situations of war and conflicts; notes with concern the increasing reports of the weaponisation of food in situationsstrongly condemns the use or the threat of food insecurity as a political instrument of warmed conflict, as well as the adverse effects of speculation with the price of food; calls for the EU and its Member States to promote mandatory guidelines on the right to food without discrimination within the UN system; calls in particular for an immediate and permanent ceasefire in the Gaza Strip in order to allow uninterrupted access to food and water for all its inhabitants;
Amendment 436 #
2024/2081(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Highlights that climate change and its impact on the environment has direct effects on the effective enjoyment of all human rights including the most basic human rights, such as access to water, natural resources and food; recognises the important work of CSOs, indigenous people, land and environmental HRDs and indigenous activists for the protection of a clean, healthy and sustainable environment; deplores the risks that environmental HRDs and indigenous activists face and calls for their effective protection to be guaranteed; recalls that the transition to clean energy must be fair and respect everyone’s fundamental rights; notes with deep concern the increasing threats to a clean, healthy and sustainable environment posed by the deployment of weapons of mass destruction and other forms of warfare that adversely and disproportionately affect the environment; draws particular attention to the link between the exploitation of natural resources and the financing of conflicts, wars and violence, directly or indirectly included by multinational corporations; recognizes that the environmental consequences of climate change may exacerbate forced migration and displacement;
Amendment 442 #
2024/2081(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Asks the EU and its Member States to recognise and protect indigenous people’s rights to customary ownership and control of their lands and natural resources as set out in the UN Declaration on the Rights of Indigenous People and ILO Convention No 169, and to comply with the principle of free, prior and informed consent; requests that the Member States which have not yet done so ratify ILO Convention No 169 on Indigenous and Tribal Peoples;
Amendment 452 #
2024/2081(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Strongly condemns that according to the Committee on the Rights of the Child, since 7 October, some 17,000 children have been killed in the Gaza Strip, dozens of children have died from malnutrition and 3,500 children are at risk of death due to lack of food, at least one million have been displaced, 21,000 are reported missing, 20,000 have lost one or both parents and 17,000 are alone or separated from their families, including in some cases arbitrarily detained;
Amendment 456 #
2024/2081(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Highlights the role of education in the development of children and young people around the world; stresses that access to mandatory comprehensive sexuality education is a human right and a key tool to preventing gender-based discrimination, violence and exploitation and equip young people with knowledge to protect their health and empower them;
Amendment 457 #
2024/2081(INI)
Motion for a resolution
Subheading 20
Subheading 20
Rights of women including sexual and reproductive health and rights and gender equality
Amendment 459 #
2024/2081(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses that women’s rights and gender equality are indispensable and indivisible human rights, as well as a basis for the rule of law and inclusive resilient democracies; deplores the fact that millions of women and girls continue to experience discrimination and violence, especially in the context of conflicts, post-conflicts and displacement, and are denied their dignity, autonomy and even life; condemns the ongoing backlash on gender equality and women’s rights, including all attempts to roll back existing entitlements and protections as well as legislation, policies and practices that continue to deny or restrict these rights in many countries; calls for the EU, its Member States and like- minded partners to step up their efforts to ensure the full enjoyment and protection of women’s and girls’ human rights; calls for an EU charter of women’s rights including a right to abortion; condemns in the strongest terms the increasing attacks on sexual and reproductive health and rights around the world, as well as gender-based violence; welcomes the accession of the EU to the Istanbul Convention and calls on the EU Member States who have not yet done so to ratify and implement the Istanbul Convention as soon as possible; calls for the EU and its international partners to strengthen their efforts to ensure that women fully enjoy human rights and are treated equally to men; stresses the need to pursue efforts to fully eradicate the practice of female genital mutilation;
Amendment 487 #
2024/2081(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Condemns the devastating policy of gender apartheid lead by Taliban in Afghanistan and urges the de facto authorities to immediately restore the full, equal and meaningful participation of women and girls in public life, particularly access to education, healthcare and work; calls on the EU and its member states to recognise gender apartheid as a crime under international law in order to hold Afghanistan and those responsible for this crime accountable;
Amendment 489 #
2024/2081(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Recognises that the promotion and protection of SRHR is essential to achieving gender equality and affirms the right to access comprehensive SRHR services, including modern contraception, safe and legal abortion, maternal, prenatal and postnatal healthcare, assisted reproduction and access to education and information on SRHR, including comprehensive sexuality education, without any form of discrimination, coercion or violence; calls for the EU, the EEAS and the Member States to take robust action to prioritise and promote SRHR, including access to safe and legal abortion, in multilateral and bilateral relations in accordance with international human rights law and standards and World Health Organization (WHO) guidelines;
Amendment 513 #
2024/2081(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Denounces the erosion of the human rights and the safety of refugees, asylum seekers and forcibly displaced persons; reaffirms their inalienable human rights and fundamental right to seek asylum; recalls the obligation of states to protect them in accordance with international law; denounces the deaths in the Sea as well as other migratory routes and rejects human rights abuses and violations suffered by refugees and migrants; calls for the EU and its Member States to effectively uphold their rights in the EU’s asylum and migration policy and in the EU’s cooperation with partner countries in this regard; stresses that the EU should step up its efforts to acknowledge and develop ways to address the root causes of irregular migration and forced displacement, building the resilience of migrants’ communities of origin and helping them offer their members the possibility to enjoy a decent life in their home country; calls for the EU and its Member States to continue and, where possible, step up their support for countries hosting the most refugees, as well as for transit countries; reiterates that close cooperation and engagement with non-EU countries remain key to preventing migrant smuggling; stresses, in this regard, that the dissemination of information and awareness-raising campaigns on the risks of smuggling are crucial; calls for EU- funded humanitarian operations to take into consideration the specific needs and vulnerabilities of children and to ensure their protection while they are displaced; underlines the importance ofat to prevent migrant smuggling is crucial developing an effective framework of safe and legal pathways to the EU and welcomes, in this regard, the Commission communication on attracting skills and talent to the EU10 , including the development of talent partnerships with partner countries; _________________ 10 Commission communication of 27 April 2022 on attracting skills and talent to the EU (COM(2022)0657).
Amendment 523 #
2024/2081(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Calls to respect the principle of non-refoulement to countries where the life and liberty of people would be threatened; regrets that some have even been returned to the border or expelled to places where their lives were in danger in defiance of international law, including the right to asylum;
Amendment 526 #
2024/2081(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. calls on the EU and its Member States to be fully transparent about the allocation of funds from third countries for cooperation in migration matters, and to ensure that migration-related European funding, training or other forms of support to third countries do not directly or indirectly facilitate the perpetration of human rights violations, nor reinforce and perpetuate impunity for such violations; calls for the suspension of all agreements and negotiations of readmission agreements with countries that do not respect human rights; urges to subject any EU or Member State-funded migratory cooperation project or initiative to thorough and independent ex-ante human rights impact assessments and monitoring throughout the project, and to disclose the results of such assessments and monitoring to the EP;
Amendment 530 #
2024/2081(INI)
Motion for a resolution
Paragraph 28 c (new)
Paragraph 28 c (new)
28c. calls on the EU and its Member States not to include funds for the reception of refugees or migrants or policies for the control or return of migrants in official development assistance and any conditionality of aid in this area; denounces, in particular, the conditionality of the aid provided to certain countries through readmission agreements and the multiplication of negotiations in this area
Amendment 555 #
2024/2081(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Reiterates its call for the EU and its Member States to develop new avenues to strengthen the rights of elderly people, taking into account the multiple challenges they face, such as age-based discrimination, poverty, violence and a lack of social protection, healthcare and other essential services, as well as barriers to employment; reminds that the gender pay gap and its causes have exponentially damaging consequences for women throughout the lifecycle; calls to implement specific measures to combat the risk of poverty for older women, by the increase of pensions but also by social support; underlines the work of the UN Open-ended Working Group on Ageing on a legally binding instrument to strengthen the protection of the human rights of older people and calls for the EU and its Member States to consider actively supporting that work;
Amendment 563 #
2024/2081(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Reiterates its condemnation of all forms of racism, intolerance, xenophobia, islamophobia and discrimination on the basis of race, ethnicity, nationality, social class, disability, caste, religion, belief, age, sexual orientation or gender identity; underlines the importance of taking an intersectional approach when considering discrimination issues; condemns the growing international threat of hate speech, including online; reiterates the crucial role of education and dialogue in promoting tolerance, understanding and diversity; calls for the EU and its Member States to lead the global fight against all forms of extremism and welcomes the adoption of an EU strategy to this end;
Amendment 568 #
2024/2081(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Notes with great concern the scale and consequences of caste-based hierarchies, discrimination and human rights violations, including the denial of access to the legal system or employment, continued segregation, poverty and stigmatisation, and caste-related barriers to the exercise of basic human rights and human development; reiterates its call for the development of an EU policy on caste- based discrimination and specific local strategies to help fight caste-based discrimination in the countries most affected by it; recommends that the European Parliament address caste-based discrimination in all its relevant committees and delegations, appoints a focal point on caste-based discrimination, and when visiting non-EU countries concerned by the issue, consult with relevant organisations and raise caste- based discrimination with local authorities and other counterparts, as well as hold an annual hearing to review EU actions and progress on the occasion of the International Day on Racial Discrimination;
Amendment 569 #
2024/2081(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32b. Strongly condemns the discrimination and human rights violations against women with intersectional identities including those belonging to ethnic minorities such as Romani women; underlines that discrimination on any ground leads to rights violations in all spheres of life including access to education, healthcare and in particular sexual and reproductive healthcare, work, access to justice, and reiterates its calls on Member States to adopt and implement strategies, policies and programmes to advance the sexual and reproductive health and rights of marginalised groups of women and to eradicate the systemic, financial, legal, practical and social barriers they face;
Amendment 582 #
2024/2081(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Reiterates its concern regarding violations of the right to freedom of thought, conscience, religion and belief including the right to espouse theistic, non-theistic, agnostic or atheistic views, and the right to apostasy; deplores the instrumentalisation of religious or belief identities for political purposes and the exclusion of persons belonging to religious and belief minorities and religious communities in certain non- EU countries; recommends that the Special Envoy for the promotion and protection of freedom of religion or belief outside the EU be granted more resources so that he can comfortably carry out his mandate; highlights the necessity for the Special Envoy to continue to work closely and in a complementary manner with the EUSR for Human Rights and the Council Working Party on Human Rights; calls for the EU and its Member States to step up their efforts to protect the right to freedom of thought, conscience, religion or belief, to raise these issues at UN human rights forums and to continue working with the relevant UN mechanisms and committees;
Amendment 627 #
2024/2081(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Emphasises the critical significance of freedom of expression and access to trustworthy information for sustaining democracy and a thriving civic space; is seriously concerned about the increasing restrictions on freedom of expression in numerous countries worldwide, particularly for journalists, through censorship, enforced self-censorship, and the misuse of counter-terrorism or anti- corruption laws to suppress journalists and civil society groups; raises concerns, additionally, about the physical security of journalists and media workers and their being targeted in conflict zones notably in the Gaza Strip;
Amendment 658 #
2024/2081(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Stresses the role of trade as a major instrument to promote and improve the human rights situatiurges to create new types of cooperation with third countries on the basis of mutual development and mutually advantageous relations that respond in the EU’s partner countries; notes, howevfirst hand to the interest of the peoples; consider,s that there has been little to no improvement in some of the countries concernedrade and investment protection agreements contribute to unequal distribution of global wealth, often undermine social and economic justice as well as deepen existing inequalities, bringing a heavy toll to marginalized states and communities; deplores the detrimental effects of some excessive and exploitative business activities on human rights and democracy; welcomes the harmonisation resulting from the adoption of the Directive on corporate sustainability due diligence with binding EU rules on responsible corporate behaviour with regard to human, labour and environmental rights and calls for its swift and ambitious transposition at Member State level; further welcomes the Regulation on prohibiting products made with forced labour on the Union market11 and calls for its swift implementation at Member State level; stresses the need to establish an international binding instrument to regulate, in international human rights law, the activities of transnational corporations and other companies; _________________ 11 Proposal for a regulation of the European Parliament and of the Council on prohibiting products made with forced labour on the Union market (COM(2022)0453).
Amendment 667 #
2024/2081(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Highlights that in many regions of the world, micro-, small and medium- sized enterprises (MSMEs) are often the driving forceRejects that some corporations unlawfully exploit natural resources, which not only constitutes a major sustainability and environmental challenge but also results in severe adverse impacts on the social, economic, cultural, civil and political rights of local economies; underlines that MSMEs account for 90 % of businesses, 60 to 70 % of employment and 50 % of gross domestic product worldwide; highlights the importance of MSMEs in their contribution to the 2030 Agenda and the achievement of the sustainable development goals, namely those on the eradication of poverty and decent work for allmmunities; notes that such business practices violate the fundamental right of peoples to self-determination and the principle of permanent sovereignty, access and control over their natural resources, enshrined in UN General Assembly resolution 1803 (XVII);
Amendment 673 #
2024/2081(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41a. Recalls the responsibility of businesses in ensuring that their operations and supply chains are not implicated in human rights abuses, including environmental, indigenous and labour rights as well as threats and attacks on human rights defenders; stresses the essential obligations and responsibilities of States and other decision-makers, including businesses, to mitigate the effects of climate change, prevent their negative impact on human rights and promote appropriate policies in compliance with human rights obligations;
Amendment 58 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
Amendment 422 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – introductory part
Article 10 – paragraph 3 – subparagraph 1 – introductory part
Amendment 435 #
2024/0035(COD)
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – point a
Article 10 – paragraph 3 – subparagraph 1 – point a
Amendment 439 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point a
Article 16 – paragraph 2 – subparagraph 2 – point a
Amendment 505 #
2024/0035(COD)
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point b
Article 16 – paragraph 2 – subparagraph 2 – point b
Amendment 513 #
2024/0035(COD)
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point c
Article 16 – paragraph 2 – subparagraph 2 – point c
Amendment 524 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
Proposal for a directive
Article 21 – title
Article 21 – title
Assistance and support to victims and survivors
Amendment 569 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
Proposal for a directive
Article 22 – title
Article 22 – title
Protection of child victims in criminalren in investigations and proceedings
Amendment 615 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
Proposal for a directive
Article 23 – title
Article 23 – title
Victim’s and survivor’s right to compensation
Amendment 641 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
Proposal for a directive
Article 23 – paragraph 3 – point a
Article 23 – paragraph 3 – point a
Amendment 649 #
2024/0035(COD)
Proposal for a directive
Article 23 – paragraph 3 – point b
Article 23 – paragraph 3 – point b
Amendment 652 #
2024/0035(COD)
Proposal for a directive
Article 23 – paragraph 3 – point c
Article 23 – paragraph 3 – point c
Amendment 662 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
Proposal for a directive
Article 29 – paragraph 3 – point a
Article 29 – paragraph 3 – point a
Amendment 718 #
2024/0035(COD)
Proposal for a directive
Article 29 – paragraph 3 – point b
Article 29 – paragraph 3 – point b
Amendment 720 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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.