41 Amendments of Cornelia ERNST related to 2010/0064(COD)
Amendment 38 #
Draft legislative resolution
Citation 2
Citation 2
– having regard to Article 294(2), and Articles 16, 82(2) and Article 83(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7- 0088/2010),
Amendment 39 #
Draft legislative resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to Articles 7, 8, 11 and 24 of the Charter of Fundamental Rights of the European Union,
Amendment 40 #
Draft legislative resolution
Citation 2 b (new)
Citation 2 b (new)
– having regard to Articles 8 and 10 of the European Convention on Human Rights,
Amendment 41 #
Draft legislative resolution
Citation 2 c (new)
Citation 2 c (new)
– having regard to the 1989 United Nations Convention on the Rights of the Child, particularly Articles 19 and 34 thereof,
Amendment 42 #
Draft legislative resolution
Citation 2 d (new)
Citation 2 d (new)
– having regard to the 2007 Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse,
Amendment 54 #
Proposal for a directive
Recital 7
Recital 7
(7) TUnless there is an element of abuse, coercion or exploitation, 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.
Amendment 56 #
Proposal for a directive
Recital 13
Recital 13
(13) Child pornography, which constitutes sex abuse images, is a specific type of content which cannot be construed as the expression of an opinion. To combat it, it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible Web. Action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images. The EU, in particular through increased cooperation with third countries and international organisations, should seek to facilitate the effective removal by third country authorities of websites containing child pornography, which are hosted in their territory. However as, dDespite such efforts, the removal of child pornography content at its source proves to be difficult where the original materials are not located within the EU, mechanisms should also be put in place to block access from the Union's territory to internet pages identifiwhereas the vast majority of websites having been blocked are facilitated through servers located asin countaining or disseminating child pornography. For that purpose, different mechanisms can be used as appropriate, including facilitating the competent judicial or police authorities to order such blocking, or supporting and stimulating Internet Service Providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such Internet pages. Both with a view to the removal and the blocking of child abuse content, cooperation between pubries (mainly the US and EU) which have signed the United Nations Convention on the Rights of the Child or the Optional Protocol to the Convention on the Rights of the Child on sale of children, child prostitution and child pornography. Mechanisms should be put in place to strengthen international cooperation between states, judicial and police authorities should be established and strengthened, particularly in the interest of ensuring that national lists, and reporting points for child pornography in order to ensure the safe and fast removal of websites containing child pornography material are as complete as possible and of avoiding duplication of work. Any such developments must take account of the rights of the end users, adhere to existing legal and judicial procedures and comply with the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. The Safer Internet Programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online.
Amendment 57 #
Proposal for a directive
Recital 8
Recital 8
(8) Investigating offences and bringing charges in criminal proceedings should be facilitated, to take into account the difficulty for child victims of denouncing abuse and the anonymity of offenders in cyberspace. To ensure successful investigations and prosecutions of the offences referred to in this Directive, effective investigation tools should be made available to those responsible for the investigation and prosecutions of such offences. These tools may include covert operations, interception of communications, covert surveillance including el or surveillance as long as the protectrionic surveillance, monitoring of bank accounts or other financial investigation of privacy is respected in accordance with national and EU standards.
Amendment 64 #
Proposal for a directive
Recital 10
Recital 10
(10) Measures to protect child victims should be adopted in their best interest, taking into account an assessment of their needs, including the protection of their identity at all times. Such measures should also include the prevention of such abuse through the organisation of awareness-raising campaigns addressed to all parties concerned, including children, parents and education practitioners, in order for them to learn to recognise the signs of sexual abuse, both online and offline. Child victims should have easy access to legal remedies, including free legal counselling and representation and measures to address conflicts of interest where abuse occurs in the family. Moreover, child victims should be protected from sanctions, for example under national legislation on immigration or 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 as a result of interviews or visual contact with offenders.
Amendment 68 #
Proposal for a directive
Recital 11
Recital 11
(11) To prevent and minimise recidivism, offenders should be subject to an assessment of the danger posed by the offenders and the possible risks of repetition of sexual offences against children, and should have access to effective intervention programmes or measuhave access to support programmes, treatment or cares on a voluntary basis.
Amendment 73 #
Proposal for a directive
Recital 12
Recital 12
(12) Where the danger posed by the offenderIn cases of recidivism, or attempts thereof, measures cand the possible risks of repetition of the offences make it appropriate, convicted offenders should be temporarily or permanently prevented from exercising activities involving regular contacts with children, wh be adopted by a judiciary authority in order to temporarily or permanently prevent any regular professional contacts between the offenderes appropriatend children. Implementation of such prohibitions throughout the EU should be facilitated.
Amendment 77 #
Proposal for a directive
Recital 13
Recital 13
(13) Child pornography, which constitutes sex abuse images, is a specific type of content which cannot be construed as the expression of an opinion. To combat it, it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible Web. Action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images. The EU, in particular through increased cooperation with third countries and international organisations, should seek to facilitate the effective removal by third country authorities of websites containing child pornography, which are hosted in their territory. However as, despite such efforts, the removal of child pornography content at its source proves to be difficult where the original materials are not located within the EUFor that purpose, mechanisms should also be put in place to block access from the Union's territory to internet pages identified as containing or disseminating child pornography. For that purpose, different mechanisms can be used as appropriate, including facilitating thestrengthen international comopetent judicial or police authorities to order such blocking, or supporting and stimulating Internet Service Providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such Internet pages. Both with a view to the removal and the blocking of child abuse content, cooperation between pubration between states, judicial and police authorities should be established and strengthened, particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work. Any such developments must take account of the rights of the end users, adhere to existing legal and judicial procedures and comply with the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. The Safer Internet Programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online, and reporting points for child pornography in order to ensure the safe and fast removal such websites.
Amendment 106 #
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;
Amendment 107 #
Proposal for a directive
Article 19 – paragraph 3 – point d
Article 19 – paragraph 3 – point d
(d) the same persons, if possible and where appropriate, conduct all interviews with the child victim;
Amendment 113 #
Proposal for a directive
Article 21 - Title
Article 21 - Title
Amendment 115 #
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. 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 ten years.
Amendment 115 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
Amendment 122 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Without prejudice to the above, Member States shall take the necessary measures to obtain the removal of internet pages containing or disseminating child pornography.
Amendment 193 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
The proposal, by means of information and communication technology, byo influence, as an adult to meet, a child who has not reached the age of sexual consent under national law, for the purpose ofby means of written or spoken word or by the showing of pornographic material, in order to committing any of the offences referred to in Articles 3 (3) and, Article 54 (62), where this proposal has been followed by material acts leading to such a meetingand Article 5 (6), shall be punishable by a maximum term of imprisonment of at least two years.
Amendment 211 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
The provisions of Article 3 (2), with regard to witnessing sexual activities, and (3);, Article 4 (2) and (4) and Article 5 do not govern consensual sexual activities between children or involving persons who are close in age and degree of psychological and physical development or maturity, insofar as the acts did not involve any abuse, exploitation, coercion, force or threats.
Amendment 213 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the child has not reached the age of sexual consent under national law, or exhibits signs of slower physical and psychological development;
Amendment 241 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall provide for the possibility of not prosecutinge 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 250 #
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States shall take the necessary measures to enable investigative units or services, in accordance with national and EU data protection legislation, 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 254 #
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States shall take the necessary measures to enable 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. For that purpose, mechanisms shall be put in place to ensure the efficient cooperation and knowledge transfer between law enforcement authorities, judicial authorities, social welfare authorities, the Information and Communication Technology (ICT) industry and civil society organisations. Police forces and social services should work together on these cases so that children receive an adequate response and treatment when they are identified.
Amendment 264 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. As soon as the competent authorities have an indication that the child might be subjected to an offence referred to in Articles 3 to 7 of this Directive, an individual assessment of the special circumstances of the child victim, taking due account of the child's views, needs and concerns, shall be carried out. Social welfare authorities shall be present during this assessment, which will aim to: a) determine the level of maturity of the victim; b) establish the parameters of the consent of the victim; c) verify the age of the victim; d) determine possible psychological or physical damage, and whether coercion was involved; e) verify whether there was a conflict of interest from a family member or someone in close contact with the victim. On the basis of this assessment, Member States shall take the necessary measures to ensure that specific actions are taken to assist and support victims in the short and long-term, in their physical, psychological and social recovery, including appropriate and safe accommodation, material assistance, medical treatment, including psychological assistance and counselling as well as access to education. Victims with special needs must also be attended appropriately.
Amendment 265 #
Proposal for a directive
Article 17 – paragraph 2 b (new)
Article 17 – paragraph 2 b (new)
2b. Member States shall take the necessary measures to ensure that assistance and support to the victim are not made conditional on the victim's willingness to cooperate in the criminal investigation and/or proceedings.
Amendment 266 #
Proposal for a directive
Article 17 – paragraph 2 c (new)
Article 17 – paragraph 2 c (new)
2c. Member States shall ensure that the identity of the child will be protected before, during and after the criminal proceedings, regardless of their willingness to cooperate in the criminal investigation and/or proceedings.
Amendment 267 #
Proposal for a directive
Article 17 – paragraph 2 d (new)
Article 17 – paragraph 2 d (new)
2d. Member States' social welfare authorities will establish links with local civil society organisations or local support networks engaged in the protection of and assistance to victims of sexual abuse or exploitation to ensure victims have any necessary protection and assistance and to ensure victims continue to receive adequate support and protection for an appropriate period of time after they reach eighteen years of age.
Amendment 269 #
Proposal for a directive
Article 18
Article 18
Amendment 285 #
Proposal for a directive
Article 19 – title
Article 19 – title
Amendment 292 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall take the necessary measures to ensure that in criminal investigations and proceedings, judicial authorities appoint a special representative for the child victim where, by 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 familye child victim is given an appropriate time period to decide if he or she will cooperate with the competent authorities in the criminal proceedings.
Amendment 293 #
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. Victims of any of the offences referred to in Articles 3 to 7 shall be considered as particularly vulnerable victims pursuant to Article 2 (2), Article 8 (4) and Article 14(1) of Framework Decision 2001/220/JHA.
Amendment 294 #
Proposal for a directive
Article 19 – paragraph 1 b (new)
Article 19 – paragraph 1 b (new)
1b. Member States shall take measures, where appropriate and possible, to provide assistance and support to the victim’s family. In particular, Member States shall, where appropriate and possible, apply Article 4 of Council Framework Decision 2001/220/JHA to the family.
Amendment 295 #
Proposal for a directive
Article 19 – paragraph 1 c (new)
Article 19 – paragraph 1 c (new)
1c. Member States shall take the necessary measures to ensure that in criminal investigations and proceedings, judicial authorities appoint a special representative for the child victim where, by 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 308 #
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20a Prevention Measures 1. Member States shall take appropriate actions such as information and awareness raising campaigns, research and education programmes, where appropriate in cooperation with civil society organisations and local support networks, aimed at raising awareness and reducing the risk of children becoming victims of sexual abuse, sexual exploitation or sexual abuse images. These measures must be addressed to all parties concerned, including children, parents and education practitioners, in order for them to learn how to recognise the signs of sexual abuse, both online and offline. 2. Help-lines shall be set up create a safe and anonymous communication channel between children that are or may be victims and members of relevant civil society organisations or local support networks.
Amendment 310 #
Proposal for a directive
Article 20 – paragraph 3 – introductory part
Article 20 – paragraph 3 – introductory part
3. Member States shall take the necessary measures to ensure that persons convicted of offences referred to in Articles 3 to 7, where appropriate considering the assessment referred to in paragraph 1: , in criminal court proceedings relating to any of the offences referred to in Articles 3 to 7, that in order as far as possible to prevent any secondary victimisation it may be ordered that:
Amendment 311 #
Proposal for a directive
Article 20 – paragraph 3 – point c
Article 20 – paragraph 3 – point c
(c) are fully informed of the reasons for the proposal to have access to the specific programmes or measurvisual contact between the victim(s) and the offender(s), including during the giving of evidence such as interviews and cross-examination, shall be avoided if necessary as far as possible notably through the use of appropriate communication technologies;.
Amendment 314 #
Proposal for a directive
Article 21 – title
Article 21 – title
Amendment 320 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall take the necessary legal measures to obtain the blocking of access by Internet users in their territory to Iremoval at source of internet pages containing or disseminating child pornography. The blocking of access shall be subject to adequate safeguards, in particular to ensure that the blocking is limited to what is necessary, that users are informed of the reason for the blocking and that content providers, as far as possible, are informed of the possibility of challenging itabuse images.
Amendment 337 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Without prejudice to the above, Member States shall take the necessary measures to obtain the removal of iIn addition, when removal of content at source has proven impossible to achieve, Member States may, where prescribed by law and necessary, set up proportionate and transparent procedures to restrict access by Internet users in their territory to Internet pages containing or disseminating child pornography. abuse images.
Amendment 341 #
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Any measure under paragraphs 1 and 2 shall respect the fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Union law. It shall provide for a prior ruling including the right to an effective and timely judicial review.