Activities of Mary HONEYBALL related to 2010/0064(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on combating sexual abuse, sexual exploitation of children and child pornography, repealing Framework Decision 2004/68/JHA)
Amendments (15)
Amendment 81 #
Proposal for a directive
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) the organisation of travel and/or other arrangements with the purpose of committing any of the offences referred to in Articles 3 to 6.
Amendment 83 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – 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 7 may beis temporarily or permanently prevented from exercising activities involving regular contacts with children.
Amendment 85 #
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3 a. Member States should ensure that a positive obligation is placed on state and private organisations exercising activities involving regular contact with children to actively check the criminal records of new employees, and that organisations, including schools, providing services for children have strong and active child protection policies in place.
Amendment 86 #
Proposal for a directive
Article 13
Article 13
Member States shall provide for the possibility of not prosecutingnot prosecute child victims or imposinge penalties on child victims of the offences referred to in Articles 4 and Article 5 (4) to (6) for their involvement in unlawful activities as a direct consequence of being subjected to those offences.
Amendment 90 #
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States shall take the necessary measures to enable and support investigative units or services to attempt to identify the victims of the offences referred to in Articles 3 to 7, in particular by analysing child pornography material, such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology.
Amendment 92 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1 a. Member States shall encourage state and private organisations exercising activities involving regular contact with children to carry out routine staff training, so that individuals are better able to detect where a child is being abused and are aware to whom this information should be reported.
Amendment 93 #
Proposal for a directive
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
1b. Member States shall take steps to ensure that victims have access to confidential child-friendly reporting and referral mechanisms, such as telephone or internet helplines, and that these are run by professionals trained in dealing with abuse.
Amendment 96 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 98 #
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. Member States shall ensure that the rights of victims are fully realised through: (a) informing child victims of their rights and the services at their disposal and, unless they do not wish to receive that information, how their complaint is followed up, the charges, the general progress of the investigation or proceedings, and their role therein as well as the outcome of their case; (b) ensuring, at least in cases where the victims and their families might be in danger, that they may be informed, if necessary, when the person prosecuted or convicted is released temporarily or definitively; (c) protecting the privacy of child victims, their identity and their image by taking measures in accordance with internal law to prevent the public dissemination of any information that could lead to their identification; (d) providing for the child victims' safety, as well as that of their families and witnesses on their behalf, from intimidation, retaliation and repeat victimisation; (e) ensuring that contact between victims and perpetrators within court and law enforcement agency premises is avoided, unless the competent authorities establish otherwise in the best interests of the child or when the investigations or proceedings require such contact.
Amendment 99 #
Proposal for a directive
Article 17 – paragraph 1 b (new)
Article 17 – paragraph 1 b (new)
1b. Member States should acknowledge child victims as active agents in the fight against sexual abuse and exploitation, ensure that their views are listened to, and take steps to help children develop the life skills necessary for recognising and avoiding situations where they may be vulnerable to abuse.
Amendment 104 #
Proposal for a directive
Article 19 – paragraph 3 – introductory part
Article 19 – paragraph 3 – introductory part
3. Without prejudice to the rights of the defence, Member States shall take the necessary measures to ensure that in criminal investigationproceedings of any of the offences referred to in Articles 3 to 7:
Amendment 105 #
Proposal for a directive
Article 19 – paragraph 3 – point b
Article 19 – paragraph 3 – point b
(b) interviews with the child victim take place, where necessary, in premises designed or adapted for this purpose, and where the child feels safe;
Amendment 108 #
Proposal for a directive
Article 19 – paragraph 3 – point f
Article 19 – paragraph 3 – point f
(f) the child victim mayshould be accompanied by his or her appointed guardian, legal representative or, where appropriate, an adult of his or her choice, unless a reasoned decision has been made to the contrary in respect of that person.
Amendment 109 #
Proposal for a directive
Article 19 – paragraph 5 – introductory part
Article 19 – paragraph 5 – introductory part
5. Member States shall take the necessary measures to ensure, in criminal court proceedings relating to any of the offences referred to in Articles 3 to 7, that it mayust be ordered that:
Amendment 112 #
Proposal for a directive
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
Such intervention programmes or measures shall be adapted to meet the specific developmental needs for children who sexually offend against other children, including those who are below the age of criminal responsibility. Member States should ensure that such children are offered a suitable response, which includes an assessment of their individual needs and appropriate treatment to address their offending behaviour.