59 Amendments of Sophie WILMÈS related to 2024/0035(COD)
Amendment 69 #
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 generated 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 76 #
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’. Paedophile manuals'instruction manuals on how to sexually abuse children'. 'Instruction manuals on how to sexually abuse children' provide advice on how to find, groom and abuse children 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 101 #
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 themselvesAmong others, the United Nations Committee ofn the possibilities referred to in this Directive do so in the exercise of their competences. More particularly, Member States should be able to exempt from criminalisation consensual sexual activities involving exclusively children above the age of sexual consent, as well asRights of the Child and the Lanzarote Committee have stated that consensual activities between peers who are close in age, maturity and development for consensual and non-exploitative sexual activity should not be criminalised provided that there is no element of coercion, abuse of trust or dependency between the them. Accordingly, Member States should protect children from criminalisation for 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). This means that only consensual activities between peers who are close in age, maturity and development should be protected from criminalisation. 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.
Amendment 107 #
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 alcoho, medicines and alcohol, or any substance that could compromise one's free will.
Amendment 108 #
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. Due to children’s specific vulnerabilities and developmental limitations, they may not fully grasp that what occurred was abusive, especially if the abuser was a trusted adult. It may take reaching adulthood for survivors to develop the emotional maturity to recognize the abuse for what it was and understand its long-term effects. Trauma can cause victims to repress or block out the memories as a protective measure for years. 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 re abolished. Therepforte, the crime for a significantly extended period of time.minimum standards provided in the Directive should be interpreted as a first step towards abolition
Amendment 118 #
Proposal for a directive
Recital 34
Recital 34
(34) Member States should encourage any person who has knowledge or suspicion of the sexual abuse or sexual exploitation of a child to report to the competent services. In particular, Member States should make available information to children about the possibility to report the abuse, including to helplines and through the communication platforms that young people use most frequently. It is the responsibility of each Member State to determine the competent authorities to which such suspicions may be reported. Those competent authorities should not be limited to child protection services or relevant social services. The requirement of suspicion ‘in good faith’ should be aimed at preventing the provision being invoked to authorise the denunciation of purely imaginary or untrue facts carried out with malicious intent.
Amendment 122 #
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 “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 psychosocial support and child protective services. This Directive attempts to ensurequires that all Member States uphold these principles and establish age-appropriate multidisciplinary and interagency structures to provide care and legal support to victims under one roof, although it does not require the Member States to follow the Barnahus model as such. 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. All children who are likely to be, for whatever reason and in whatever capacity, brought into contact with criminal, civil or administrative justice systems should have easy access to child friendly justice. Child-friendly justice refers to justice systems which guarantee the respect and the effective implementation of all children’s rights at the highest attainable level and giving due consideration to the child’s level of maturity and understanding and the circumstances of the case. It is of particular importance that justice is accessible, age appropriate, speedy, diligent, adapted to and focused on the needs and rights of the child, respecting the rights of the child including the rights to due process, to participate in and to understand the proceedings, to respect for private and family life and to integrity and dignity. 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 proceedingsprofessionals who come into contact with children in the justice system 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 victimsren 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. The court should prioritize the child's right to participate meaningfully, ensuring that their views are heard and respected throughout the process.
Amendment 128 #
Proposal for a directive
Recital 38
Recital 38
(38) 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. Survivors of child sexual abuse and exploitation designate all persons who have 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 131 #
Proposal for a directive
Recital 39
Recital 39
(39) Directive 2012/29/EU establishes a set of victims’ rights in criminal proceedings, including the right to protection and the right to receive a decision on compensation from the offender and any organisation liable for child sexual abuse and exploitation. The proposal for the revision of the Victims’ Rights Directive provides for targeted amendments to all victims’ rights. In addition to the rights established under that Directive, child victims of sexual abuse, sexual exploitation and child sexual abuse material should be given access to legal counselling and, in accordance with the role of victims in the relevant justice systems, to legal representation, including for the purpose of claiming compensation. Such legal counselling and legal representation could also be provided by the competent authorities for the purpose of claiming compensation from the Statein criminal and civil proceedings. The purpose of legal counselling is to enable victims to be informed and receive advice about the various possibilities open to them. Legal counselling should be provided by a person having received appropriate legal training without necessarily being a lawyer. Legal counselling and, in accordance with the role of victims in the relevant justice systems, legal representation should be provided free of charge, at least when the victim does not have sufficient financial resources, in a manner consistent with the internal procedures of Member States.
Amendment 156 #
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, 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 victimsupport and redress of the victims and survivors thereof.
Amendment 159 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) (2) ‘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 167 #
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 172 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
(b) depictionAny representation, by whatever means of the sexual organparts of a child for primarily sexual purposes;
Amendment 178 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c
Article 2 – paragraph 1 – point 3 – point c
(c) aAny material that visually depictsrepresentation, by whatever means, of any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organparts of any person appearing to be a child, for primarily sexual purposes;
Amendment 183 #
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 189 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point e
Article 2 – paragraph 1 – point 3 – point e
Amendment 195 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3 a) ‘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 the offences listed in Article 3, 4, 5, 6 and 7 of the Directive;
Amendment 198 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘child 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 payment, promise, gain, advantage, benefit or consideration is made to the child or to a third party;
Amendment 207 #
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 211 #
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 215 #
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 217 #
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 222 #
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘peers’ means persons who are close in age and degree of psychological and physical development orand maturity.
Amendment 261 #
Proposal for a directive
Article 3 – paragraph 5 – point c
Article 3 – paragraph 5 – point c
(c) use is made of coercion, force, physical or psychological violence, blackmail 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 295 #
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, sleepiness, intoxication, surprise, freezing, illness or bodily injury;
Amendment 296 #
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 clearly and 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;
Amendment 298 #
Proposal for a directive
Article 3 – paragraph 9 – point c
Article 3 – paragraph 9 – point c
(c) the absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past sexual conduct.
Amendment 369 #
Proposal for a directive
Article 5 – paragraph 8 – point a a (new)
Article 5 – paragraph 8 – point a a (new)
a a. promptly notify and request online service providers to remove reported illegal material hosted on their platform;
Amendment 383 #
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 meetestablish 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) andArticle 4, Article 5(6) and Article 7, 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 390 #
Proposal for a directive
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(a a) The conduct referred to in the first subparagraph does not cover consensual relationships between peers who are close in age and degree of psychological and physical development and maturity, provided that there is no element of coercion, abuse of trust or dependency between the peer;
Amendment 394 #
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – 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 5(2) and (3) by an adult soliciting a child to provide child sexual abuse material is punishable by a maximum term of imprisonment of at least 6 months .
Amendment 400 #
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 exploitation in prostitution is punishable by a maximum term of imprisonment of at least 6 months.
Amendment 405 #
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. Member States shall ensure that law enforcement authorities promptly investigate attempts of solicitation of children for sexual purposes. Member States shall ensure that victims of such solicitation attempts are effectively referred to relevant support services for assistance and protection.
Amendment 410 #
Proposal for a directive
Article 7 – title
Article 7 – title
Solicitation of child sexual abuse and exploitation
Amendment 412 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall take the necessary measures to ensure that intentionally promising or giving any third person money, or other form of remuneration or consideration, including by means of information and communication technology, to cause themis person to commit any of the offences listed in Article 3(4), (5),(6), (7), and (8), Article 4(2) and (3) and Article 5(6) is punishable by a maximum term of imprisonment of at least 3 years.
Amendment 420 #
Proposal for a directive
Article 10 – paragraph -1 (new)
Article 10 – paragraph -1 (new)
-1. Member States should ensure that peers are protected from prosecution for consensual and non-exploitative sexual activity, provided that there is no element of coercion, abuse of trust or dependency between the peers;
Amendment 423 #
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 abuseprovided that there is no element of coercion, abuse of trust or dependency between the peers.
Amendment 437 #
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, provided that there is no element of coercion, abuse of trust or dependency between the peers.
Amendment 445 #
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 clearly and voluntarily, as result of the child’s free will assessed in the context of the surrounding circumstances.
Amendment 447 #
Proposal for a directive
Article 10 – paragraph 5 – subparagraph 3
Article 10 – paragraph 5 – subparagraph 3
The absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past conduct.
Amendment 464 #
Proposal for a directive
Article 11 – paragraph 1 – point g
Article 11 – paragraph 1 – point g
(g) the offence involved serious violence or caused serious physical or psychological harm to the child ;
Amendment 478 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall take the necessary measures to ensure that any employers, when recruiting a person, including staff, consultants and volunteers, 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 staffa person, 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 480 #
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 standards. 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 484 #
Proposal for a directive
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3 a. Member States shall ensure that the functioning of mechanisms to centrally register any information on convictions or disqualifications referred to in paragraphs 3 are guided by human and children’s rights standards.
Amendment 531 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Member States shall ensure that at leastll 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 546 #
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, clear, user- friendly, anonymous, safe, confidential, available in official and widely spoken languages, and designed in a child- friendly, trauma-informed and gender sensitive manner and language, in accordance with their age and maturity. Member States shall ensure appropriate information and awareness about reporting procedures and available support services. Member States shall ensure reporting is not conditional upon parental consent.
Amendment 566 #
Proposal for a directive
Article 21 – title
Article 21 – title
Assistance and support to victims and survivors
Amendment 568 #
Proposal for a directive
Article 21 – paragraph -1 (new)
Article 21 – paragraph -1 (new)
-1. Member States shall establish age- appropriate multidisciplinary interagency structures for responding to child sexual abuse and exploitation.
Amendment 570 #
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 for an appropriate period of timeand survivors as soon as a report is made, 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 of offences and survivors 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, in line with the best interest of the child.
Amendment 575 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Victims and survivors shall be provided with coordinated, age-appropriatemprehensive, specialist, coordinated, age-appropriate, trauma- informed and gender-sensitive, medical care, emotional, psychosocial, psychological, legal 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. Member States shall 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 593 #
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 602 #
Proposal for a directive
Article 21 – paragraph 9 a (new)
Article 21 – paragraph 9 a (new)
9 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 a manner accessible to them;
Amendment 610 #
Proposal for a directive
Article 22 – paragraph -1 (new)
Article 22 – paragraph -1 (new)
-1. 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.
Amendment 612 #
Proposal for a directive
Article 22 – paragraph -1 a (new)
Article 22 – paragraph -1 a (new)
-1 a. 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 613 #
Proposal for a directive
Article 22 – paragraph -1 b (new)
Article 22 – paragraph -1 b (new)
-1 b. Member States shall ensure that child victims receive 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 623 #
Proposal for a directive
Article 22 – paragraph 3 – point f a (new)
Article 22 – paragraph 3 – point f a (new)
(f 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 659 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
In particular, national authorities shall be responsible for the data collection, research and reporting obligations referred to in Article 31. The EU Centre, once established, shall support national authorities in carrying out the activities listed in paragraph 1.
Amendment 708 #
Proposal for a directive
Article 28 – paragraph 5 – point c a (new)
Article 28 – paragraph 5 – point c a (new)
(c a) issuing guidelines for front-line professionals on how to identify and deal with child victims and potential child victims of sexual abuse and exploitation.
Amendment 728 #
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