8 Amendments of Rosa ESTARÀS FERRAGUT related to 2024/0035(COD)
Amendment 47 #
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,prevention of commission of abuse 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’ 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 49 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) (11b) Children with disabilities are particularly vulnerable to sexual abuse and exploitation, particularly forced abortions, forced sterilizations, and sexual violence. The EU as party to the CRPD, it is also bound by the CRPD’s obligations on the protection of children with disabilities form child sexual abuse and exploitation. Moreover, sexual abuse and exploitation may lead to a disability in children which can affect their normal development in life.
Amendment 52 #
Proposal for a directive
Recital 11 b (new)
Recital 11 b (new)
(11 b) Artificial intelligence creation of exploitative imagery of girls enhances the vulnerability and threats on women and girls in the real world.
Amendment 67 #
Proposal for a directive
Recital 26
Recital 26
(26) Physical or mental incapacity under this Directive should be understood as also including the state of physical or mental incapacity caused by the influence of drugs and alcohol. It is important to consider the special situations of persons disabilities or in situations of vulnerability when giving voluntary consent.
Amendment 95 #
Proposal for a directive
Recital 43 a (new)
Recital 43 a (new)
(43 a) Clear information and education policies should aim the general public in order to prevent online violence.
Amendment 96 #
Proposal for a directive
Recital 43 b (new)
Recital 43 b (new)
(43 b) All data collection by Member States on child sexual abuse and exploitation shall be disaggregated on the basis of the sex of the children.
Amendment 157 #
Proposal for a directive
Article 3 – paragraph 9 – point a
Article 3 – paragraph 9 – point a
(a) a non-consensual act is understood as an act which is performed without the child’s consent given voluntarily, as a result of the child’s free will assessed in the context of the surrounding circumstances, or where the child is unable to form a free will due to the presence of circumstances referred to in paragraph 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 or disability;
Amendment 202 #
Proposal for a directive
Article 11 – paragraph 1 – point b a (new)
Article 11 – paragraph 1 – point b a (new)
(b a) the offence resulted in a disability of the child;