12 Amendments of Marie-Christine VERGIAT related to 2010/0064(COD)
Amendment 81 #
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
having regard to Article 16 of the Treaty on the Functioning of the European Union,
Amendment 82 #
Proposal for a directive
Citation 1 b (new)
Citation 1 b (new)
having regard to Articles 7, 8, 11 and 24 of the Charter of Fundamental Rights of the European Union,
Amendment 83 #
Proposal for a directive
Citation 1 c (new)
Citation 1 c (new)
having regard to Articles 8 and 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR),
Amendment 84 #
Proposal for a directive
Citation 1 d (new)
Citation 1 d (new)
having regard to the 1989 UN Convention on the Rights of the Child, and in particular Articles 19 and 34 thereof,
Amendment 85 #
Proposal for a directive
Citation 1 e (new)
Citation 1 e (new)
having regard to the 2007 Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse,
Amendment 101 #
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 electronic surveillance, monitoring of bank accounts or other financial investigations.
Amendment 104 #
Proposal for a directive
Recital 10
Recital 10
(10) Measures to protect child victims under the age of 18 should be adopted in their best interest, taking into account an assessment of their needs. Child victimsThese measures should also include abuse prevention and should involve all those connected with education, including parents and associations acting in the interests of persons below the age of 18 years. Victims under the age of 18 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 below the age of 18 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 under the age of 18 should not cause additional trauma as a result of interviews or visual contact with offenders.
Amendment 105 #
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 interventionhave access to support programmes or measurestreatment on a voluntary basis.
Amendment 106 #
Proposal for a directive
Recital 12
Recital 12
(12) Where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate, convicted offenders should ben repeat sexual offences against persons below the age of 18 years are either committed or attempted, temporarily or permanently prevented from ex steps may be taken, under the supercvising activities involving regular contacts with children, where appropriateon of a judicial authority, to avoid any regular professional contact between the offenders concerned and persons below the age of 18 years. Implementation of such prohibitions throughout the EU should be facilitated.
Amendment 111 #
Proposal for a directive
Recital 15
Recital 15
(15) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably human dignity, the prohibition of torture and inhuman or degrading treatment or punishment, the rights of the child, the right to liberty and security, freedom of expression and information, protection of personal data, the right to an effective remedy and to a fair trial and the principles of legality and proportionality of criminal offences and penalties. In particular, this Directive seeks to ensures full respect for those rights and has to be implemented accordingly.
Amendment 189 #
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Amendment 190 #
Proposal for a directive
Article 21 b (new)
Article 21 b (new)
Article 21b Right to an effective remedy and right to a fair trial The Member States shall ensure that the accused have the right to an effective remedy, the right to a fair trial and the right of access to an impartial court, in line with the principles of legality and proportionality of criminal offences and penalties.