Activities of Veronika CIFROVÁ OSTRIHOŇOVÁ
Plenary speeches (10)
Global measures towards social media platforms - Strengthening the role of DSA and protecting democracy and freedom in the online sphere (debate)
Facing fake news, populism and disinformation in the EU - the importance of public broadcasting, media pluralism and independent journalism (debate)
2024 Annual Rule of law report (debate)
World Mental Health Day - need for a comprehensive EU strategy on mental health (debate)
Seven years from the assassination of Daphne Caruana Galizia: lack of progress in restoring the rule of law in Malta (debate)
Abuse of new technologies to manipulate and radicalise young people through hate speech and antidemocratic discourse (debate)
International Day for the Elimination of Violence against Women (debate)
Recent legislation targeting LGBTQI persons and the need for protecting the rule of law and a discrimination-free Union (debate)
Strengthening children’s rights in the EU - 35th anniversary of the adoption of the United Nations Convention on the Rights of the Child (debate)
Misinformation and disinformation on social media platforms, such as TikTok, and related risks to the integrity of elections in Europe (debate)
Institutional motions (20)
JOINT MOTION FOR A RESOLUTION on the devastating floods in central and eastern Europe, the loss of lives and the EU’s preparedness to act on such disasters exacerbated by climate change
MOTION FOR A RESOLUTION on strengthening Moldova’s resilience against Russian interference ahead of the presidential elections and constitutional referendum on EU integration
MOTION FOR A RESOLUTION on the democratic backsliding and threats to political pluralism in Georgia
JOINT MOTION FOR A RESOLUTION on strengthening Moldova’s resilience against Russian interference ahead of the upcoming presidential elections and a constitutional referendum on EU integration
JOINT MOTION FOR A RESOLUTION on the democratic backsliding and threats to political pluralism in Georgia
MOTION FOR A RESOLUTION on the situation in Azerbaijan, violation of human rights and international law and relations with Armenia
MOTION FOR A RESOLUTION on the People’s Republic of China’s misinterpretation of the UN resolution 2758 and its continuous military provocations around Taiwan
JOINT MOTION FOR A RESOLUTION on the misinterpretation of UN resolution 2758 by the People’s Republic of China and its continuous military provocations around Taiwan
JOINT MOTION FOR A RESOLUTION on the situation in Azerbaijan, violation of human rights and international law and relations with Armenia
MOTION FOR A RESOLUTION on EU actions against the Russian shadow fleets and ensuring a full enforcement of sanctions against Russia
JOINT MOTION FOR A RESOLUTION on EU actions against the Russian shadow fleets and ensuring a full enforcement of sanctions against Russia
MOTION FOR A RESOLUTION the increasing and systemic repression against women in Iran
MOTION FOR A RESOLUTION on reinforcing EU’s unwavering support to Ukraine against Russia’s war of aggression and the increasing military cooperation between North Korea and Russia
JOINT MOTION FOR A RESOLUTION on reinforcing EU’s unwavering support to Ukraine against Russia’s war of aggression and the increasing military cooperation between North Korea and Russia
JOINT MOTION FOR A RESOLUTION on Hong Kong, notably the cases of Jimmy Lai and the 45 activists recently convicted under the national security law
JOINT MOTION FOR A RESOLUTION on the increasing and systematic repression of women in Iran
MOTION FOR A RESOLUTION 11th year of the occupation of the Autonomous Republic of Crimea and the city of Sevastopol by the Russian Federation and the deteriorating human rights situation in occupied Crimea, notably the cases of Iryna Danylovych, Tofik Abdulhaziiev and Amet Suleymanov
MOTION FOR A RESOLUTION the Continued repression of civil society and independent media in Azerbaijan and the cases of Dr Gubad Ibadoghlu, Anar Mammadli, Kamran Mammadli, Rufat Safarov and Meydan TV
JOINT MOTION FOR A RESOLUTION on the 11th year of the occupation of the Autonomous Republic of Crimea and the city of Sevastopol by the Russian Federation and the deteriorating human rights situation in occupied Crimea, notably the cases of Iryna Danylovych, Tofik Abdulhaziiev and Amet Suleymanov
JOINT MOTION FOR A RESOLUTION on the continued repression of civil society and independent media in Azerbaijan and the cases of Dr Gubad Ibadoghlu, Anar Mammadli, Kamran Mammadli, Rufat Safarov and Meydan TV
Written explanations (3)
The need for the EU's continuous support for Ukraine (B10-0007/2024)
Znovupotvrdenie našej neustálej podpory a spolunáležitosti s Ukrajinou považujem za mimoriadne dôležitý a potrebný signál, zvlášť pri prvom zasadnutí nového mandátu Európskeho parlamentu. Stabilná a dlhodobá podpora ukrajinského úsilia je aj v našom najvyššom záujme. Z prosperujúcej a obnovenej Ukrajiny môžu a v budúcnosti budú benefitovať tak občania Ukrajiny, ako aj EÚ vrátane Slovenska.
General budget of the European Union for the financial year 2025 – all sections
Ako členka politickej skupiny Obnovme Európu (RENEW Europe) som bola pripravená podporiť uznesenie o rozpočte. Je poľutovaniahodné, že sa niektoré politické skupiny rozhodli podporiť fakticky sporné pozmeňujúce návrhy. Naša skupina odmietla akceptovať dezinformácie, podľa ktorých EÚ zasahuje do kontroly na hraniciach členských štátov. V skutočnosti EÚ nepôsobí na úrovni kontroly hraníc členských štátov a jej rozpočet neobmedzuje výstavbu fyzických zariadení na vonkajších hraniciach.Napriek tomu ale Európsky parlament schválil rozpočtové položky, ktoré budú základom pre rokovania s Radou. Ide o jeden z posledných rozpočtových cyklov viacročného finančného rámca, čo obmedzuje flexibilitu, no EP obnovil všetky rozpočtové prostriedky, ktoré Rada krátila. Nasmeroval ich na priority s pridanou hodnotou pre občanov vrátane Erasmus+, EU4Health, Horizont Európa, civilnej ochrany EÚ, vojenskej mobility a posilnenia agentúr realizujúcich Pakt o azyle a migrácii.
Election of the Commission
Hlasovala som za novú Komisiu, pretože jej program zahŕňa mnohé z našich cieľov, ktoré považujem za kľúčové pre Európu. Táto Komisia prichádza v dôležitom momente – potrebujeme posilniť demokraciu, podporiť Ukrajinu, napredovať v zelenej a bezpečnej digitálnej transformácii, chrániť právny štát.Budúci komisár pre spravodlivosť McGrath pri tzv. vypočúvaní ukázal, že je pripravený postaviť sa za ochranu demokracie a právneho štátu. Rovnako mám dôveru v Kaju Kallas, ktorá ako nová šéfka európskej diplomacie bude silným hlasom proti ruskej agresii a zároveň pokračovať v podpore Ukrajiny.Teším sa na spoluprácu a spolu s politickou skupinou Obnovme Európu budeme trvať na plnení záväzkov, vďaka ktorým bude EÚ bezpečnejšia a konkurencieschopná.
Written questions (8)
Possible non-compliance of public broadcaster STVR’s new administrative structure with the European Media Freedom Act
Use of Pegasus and other types of spyware in Slovakia
EU Centre on Child Sexual Abuse (EUCSA)
European Democracy Shield – intended mechanisms and envisaged roll-out
Clarification of Article 5 of the Artificial Intelligence Act regarding the deployment of remote biometric identification systems in publicly accessible spaces
Change of algorithm on X before US election
The spread of disinformation by recommender systems and other automated mechanisms as a systemic risk under the Digital Services Act
Clarification on the alignment of regulatory restructuring with EU legislation
Amendments (177)
Amendment 29 #
2024/2081(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas sexual and reproductive rights (SRR) are protected as human rights in international and European human rights law such as in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, CEDAW and the European Convention on Human Rights, and constitute an essential element of comprehensive healthcare provision; whereas health rights, in particular sexual and reproductive health rights, are fundamental women’s rights which should be enhanced and cannot in any way be watered down or withdrawn; whereas the realisation of sexual and reproductive health and rights (SRHR) is an essential element of human dignity and is intrinsically linked to combating gender-based violence and the achievement of a wide range of other human rights such as a person’s right to life, health, privacy, security of the person, non-discrimination, equality before the law and freedom from torture and other cruel, inhuman or degrading treatment or punishment;
Amendment 104 #
2024/2081(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Condemns any action or attempt to legalise, instigate, authorise, consent or acquiesce to torture and other cruel, inhuman or degrading treatment or punishment methods under any circumstances; emphasizes in this context that preventing conflict refugees who are victims of sexual violence from accessing abortion care constitutes a grave violation of their human rights and amounts to torture and inhuman or degrading treatment; condemns the increasing reports of the use of torture by state actors in conflict situations around the world, and reiterates the non-derogable nature of the right to be free from torture or other forms of inhuman or degrading treatment;
Amendment 127 #
2024/2081(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses that women’s rights and gender equality are indispensable and indivisible human rights, as well as a basis for the rule of law and inclusive resilient democracies; deplores the fact that millions of women and girls continue to experience discrimination and violence, especially in the context of conflicts, and are denied their dignity, autonomy, voice, agency and even life; calls for the EU, its Member States and like- minded partners to step up their efforts to ensure the full enjoyment and protection of women’s and girls’ human rights; condemns in the strongest terms the increasing attacks on sexual and reproductive health and rights around the world, as well as gender-based violence; welcomes the accession of the EU to the Istanbul Convention and calls on the Member States and members of the Council of Europe that have not done so, to ratify the Convention; emphasizes the need for its full and swift implementation; calls for the EU and its international partners to strengthen their efforts to spread the standards of the Istanbul Convention across the globe and ensure that women fully enjoy human rights and are treated equally to men; stresses the need to pursue efforts to fully eradicate the practice of female genital mutilation, child and forced marriage;
Amendment 136 #
2024/2081(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Stresses that SRHR education and information is one of the main instruments for achieving the commitments on the 25th anniversary of the International Conference on Population and Development (ICPD25); emphasises that SRHR education and information can significantly contribute to reducing gender-based violence and sexual harassment; stresses that comprehensive and age-appropriate sexual and relationship education and sexuality information is key to building children’s and young peoples’ skills to form healthy, equal and safe relationships, notably by addressing gender norms, gender equality, power dynamics in relationships, consent and respect for boundaries, and contributes to achieving gender equality; calls for the EU and its international partners to pursue efforts to ensure access to age- appropriate and comprehensive SRHR education and information to girls and boys around the world;
Amendment 139 #
2024/2081(INI)
Motion for a resolution
Paragraph 27 c (new)
Paragraph 27 c (new)
27c. Notes that sexual and reproductive health and rights are fundamental to the well-being and empowerment of all individuals, yet they have traditionally been seen as women’s issues; point out that this limited perspective undermines progress and perpetuates gender inequalities; calls on the EU and Member States to develop strategies aimed at engaging men as active allies in promoting SRHR, challenging harmful gender norms, promoting shared responsibility in family planning and supporting women’s rights and well- being;
Amendment 140 #
2024/2081(INI)
Motion for a resolution
Paragraph 27 d (new)
Paragraph 27 d (new)
27d. Points out that equal pay is a recognized human right; recalls that ensuring that the work done by women and men is valued fairly and ending pay discrimination, is essential to achieving gender equality; calls on the Member States to swiftly implement the Pay Transparency Directive and to promote the principle of equal pay for equal work at international level;
Amendment 148 #
2024/2081(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Expresses concerns over the rise of anti-gender movements in Europe and beyond; emphasizes the need to uncover and understand the mechanisms by which these groups organize, fundraise, mobilize, and exert influence across borders and globally; calls on the EU to commit to increased and sustained funding for women´s rights movements, including in the framework of the post- 2027 Gender Action Plan;
Amendment 153 #
2024/2081(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Denounces the erosion of the human rights and the safety of refugees, asylum seekers and forcibly displaced persons; reaffirms their inalienable human rights and fundamental right to seek asylum; recalls the obligation of states to protect them in accordance with international law; calls for the EU and its Member States to effectively uphold their rights in the EU’s asylum and migration policy and in the EU’s cooperation with partner countries in this regard; stresses that the EU should step up its efforts to acknowledge and develop ways to address the root causes of irregular migration and forced displacement, building the resilience of migrants’ communities of origin and helping them offer their members the possibility to enjoy a decent life in their home country; calls for the EU and its Member States to continue and, where possible, step up their support for countries hosting the most refugees, as well as for transit countries; reiterates that close cooperation and engagement with non-EU countries remain key to preventing migrant smuggling; stresses, in this regard, that the dissemination of information and awareness-raising campaigns on the risks of smuggling are crucial; calls for EU- funded humanitarian operations to take into consideration the specific needs and vulnerabilities of children and women and to ensure their protection while they are displaced; underlines the importance of developing an effective framework of safe and legal pathways to the EU and welcomes, in this regard, the Commission communication on attracting skills and talent to the EU10 , including the development of talent partnerships with partner countries; _________________ 10 Commission communication of 27 April 2022 on attracting skills and talent to the EU (COM(2022)0657).
Amendment 161 #
2024/2081(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Deplores the human rights violations, including discrimination, persecution, violence and killings, against lesbian, gay, bisexual, trans, non-binary, intersex and queer (LGBTIQ+) persons around the world; is extremely concerned by the spreading of hatred and anti- LGBTIQ+ narratives and legislation that target LGBTIQ+ persons and HRDs both in and outside the EU; reiterates its calls for the full implementation of the LGBTIQ Equality Strategy 2020-2025 as the EU’s tool for improving the situation of LGBTIQ+ people around the world;
Amendment 171 #
2024/2081(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Reiterates its condemnation of all forms of racism, intolerance, xenophobia and discrimination on the basis of racesex, race, colour, ethnicity, nationality, social class, disability, caste, religion, belieforigin, genetic features, language, disability, religion, belief, political or any other opinion, membership of a national minority, property, birth, age, sexual orientation or gender identity; condemns the growing international threat of hate speech, including online; reiterates the crucial role of education and dialogue in promoting tolerance, understanding and diversity; calls for the EU and its Member States to lead the global fight against all forms of extremism and welcomes the adoption of an EU strategy to this end;
Amendment 193 #
2024/2081(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Is concerned by the threat that artificial intelligence (AI) can pose to democracy and human rights, especially if it is not duly regulated; points out the risk of perpetuating gender inequalities and biases present in our societies through AI, if no adequate action is taken; in this context, calls on the EU, Member States and international partners to intensify global efforts aimed at enabling and increasing girls’ and women’s access to and leadership in STEM and ICT education and careers; emphasizes that gender equality needs to be a priority in the process of conceptualising and building AI systems; welcomes the Council conclusions on Digital Diplomacy of 26 June 2023 to strengthen the EU’s role and leadership in global digital governance, in particular its position as a shaper of the global digital rulebook; welcomes, in this regard, the adoption of the EU Artificial Intelligence Act which aims to harmonise the rules on AI for protecting human rights, and the advantages that AI can bring to human wellbeing; notes with concern the adverse effects of the ‘fake content industry’ on the right to information and press freedom, including the rapid development of AI and the subsequent empowerment of the disinformation industry12 ; _________________ 12 Reporters Without Borders, ‘2023 World Press Freedom Index – journalism threatened by fake content industry’ https://rsf.org/en/2023-world-press- freedom-index-journalism-threatened-fake- content-industry.
Amendment 28 #
2024/2057(INI)
Motion for a resolution
Recital F
Recital F
F. whereas a 2024 UN study3 on the evaluation of SDG 5 highlights that social norms still exist that legitimise violence against women and girls, reduce access to healthcare services, including sexual and reproductive health, assign unpaid care and domestic work solely to women and restrict leadership opportunities; _________________ 3 UN, Are we getting there? A synthesis of UN system evaluations of SDG 5, March 2024, https://www.unwomen.org/en/digital- library/publications/2024/03/are-we- getting-there-a-synthesis-of-un-system- evaluations-of-sdg-5.
Amendment 41 #
2024/2057(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) re-confirm its commitment to the Beijing Declaration and Platform for Action and to the range of actions for women’s human rights and gender equality outlined therein; confirm its commitment to women’s human rights, through gender mainstreaming in all policy areas and cycles, to the implementation of specific and targeted actions for women’s human rights and gender equality, and to ensuring proper gender budgeting;
Amendment 47 #
2024/2057(INI)
Motion for a resolution
Paragraph 1 – point b
Paragraph 1 – point b
(b) ensure that gender equality and women’s rights are fully and proudly implemented in all aspects of EU external action through an adequately funded, gender-transformative, inclusive and intersectional approach, particularly as the funding of anti-gender movements globally is on the rise ;
Amendment 113 #
2024/2057(INI)
Motion for a resolution
Paragraph 1 – point l
Paragraph 1 – point l
(l) take the lead in the global fight against the backlash against gender equality and women’s rights, including ensuring that Women's Rights Movements are adequately funded at EU and National levels;
Amendment 182 #
2024/2057(INI)
Motion for a resolution
Paragraph 1 – point t
Paragraph 1 – point t
(t) remove the legal, financial, social and practical barriers and restrictions on abortion in all Member States; ensure that women in all their diversity have access to health services, including for sexual rights and reproductive health, including age- appropriate sexuality and relationship education, contraception, safe and legal abortion, maternal healthcare and care- based health services;
Amendment 189 #
2024/2057(INI)
Motion for a resolution
Paragraph 1 – point t – point i (new)
Paragraph 1 – point t – point i (new)
i) take note of and implement the recommendations of the European Parliament's resolution of 11 April 2024 on including the right to abortion in the EU Fundamental Rights Charter;
Amendment 204 #
2024/2057(INI)
Motion for a resolution
Paragraph 1 – point v
Paragraph 1 – point v
(v) advocate for and strengthen civil society organisations supporting women’s rights inside and outside of the EU, actively work against initiatives aimed at diminishing the civic space in several Member States;
Amendment 2 #
2024/2030(DEC)
Draft opinion
Recital A
Recital A
A. whereas Article 8 TFEU mandates the Union to aim to eliminate inequalities and to promote equality between men and women in all its activities; whereas equality is a fundamental right under the Treaty of Lisbon and a priority for the Union with the European Institute for Gender Equality (EIGE) supporting Union institutions and Member States in achieving that aim; whereas it is EIGE's objective to contribute to and strengthen the promotion of gender equality, including gender mainstreaming in all EU policies, a task in which it has proven to be vital and effective; whereas it is therefore underlined that EIGE needs to be provided with sufficient and stable financial and human resources to fulfil its tasks;
Amendment 10 #
2024/2030(DEC)
Draft opinion
Recital B
Recital B
B. whereas in 2023 EIGE’s work focused on two thematic priorities: the European Green Deal and gender-based violence; whereas crises exacerbate women’s vulnerability and exposure to violence, intensifying existing structural inequalities and aggravating all types of gender-based violence, including physical, sexual and psychological; whereas the effectiveness of EIGE’s actions on the European Gwomen are underrepresen Deal, which needs to be revised and updated to set achievable targets in general to achieve equality and support women, especially in the Union, is questionableted in leading roles in climate policy, as men still fill 67% of climate-related decision making roles, and women being disproportionately affected by climate disasters as they often face more barriers to leave climate-disaster prone areas;
Amendment 22 #
2024/2030(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Has serious concerns that EIGE’s mission was diverted from improving equality by its focus on the European Green Dealabout the lack of gender mainstreaming within climate policies and welcomes EIGE's initiatives shed light on this phenomenom; points out that EIGE achieved 92,76 % of its work programme objectives;
Amendment 26 #
2024/2030(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes the ongoing cooperation between EIGE and the Committee on Women’s Rights and Gender Equality; stresses the valuable contribution that EIGE can make to all Parliament committees, in order to better integrate the gender perspective in all EU policies;
Amendment 28 #
2024/2030(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the 8,5 % increase in EIGE’s staff costs can be attributed to the continued high inflation rate as well as a 2,7% indexation of salaries, and that the average number of staff remained at 45; notes that two contract agents were engaged and funded by the IPA contribution agreement with the Commission’s Directorate-General for Neighbourhood and Enlargement Negotiations; acknowledges the persisting understaffing of EIGE and suggests that EIGE focus its work programme on violence against women and girls while deprioritizing actions related to the European Green Deal where necessary in light of current staff capacities; notes that Regulation (EC) No 1922/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a European Institute for Gender Equality, states in article 6 that EIGE should function independently in the public interest; acknowledges that EIGE thus produces independent research and as such is capable of dealing with the prioritization of their work independently as well; encourages the European Commission to prioritise gender mainstreaming in all its policies and ensure that EIGE has sufficient capacity to research this topic;
Amendment 154 #
2024/2030(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Further acknowledges the Commission's efforts towards a stronger and more secure Europe, as outlined by President Ursula von der Leyen in her statement of 2024; calls on the Commission to double Europol's staff and increase its funding, and recognise Europol’s central role in ensuring security across the Union and its capacity to respond to emerging threats; further underlines that this expansion will further enhance Europol's ability to support Member States in combating serious and organised crime, both online and offline, thereby contributing to a safer and more secure Europe for all.
Amendment 8 #
2024/2029(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the increase in appropriations for the EPPO’s budget in 2023, amounting to EUR 64,6 million in total, which allowed for an 11 % increase in staff in that year; acknowledges that the acceleration of the disbursement of NextGenerationEU funding and the increase in the EPPO’s membership are projected to put further strain on the EPPO’s resources as the agency is understaffed; underlines the importance of additional funding for the EPPO’s budget in order for it to have the necessary means to carry out its tasks as the fight against organised crime, the protection of EU financial interests and the strenghtening of the rule of law are EU priorities;
Amendment 17 #
2024/2029(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Acknowledges the importance of taking a holistic approach to combating white-collar crime, such as fraud and corruption, and more conventional types of crime, such as drug trafficking and human trafficking, as they are often linked; recalls the fact that, in its upcoming evaluation report, the Commission should carefully analyse whether and to which categories of crimes the EPPO’s mandate needs to be revised or extended in order for it to be best equipped to fulfil its role as well as how to increase cooperation with Europol to properly address thoses objectives;
Amendment 7 #
2024/2019(DEC)
Draft opinion
Recital B
Recital B
Amendment 13 #
2024/2019(DEC)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas the European Parliament has repeatedly asked the European Commission to promote and implement the use of gender mainstreaming, gender budgeting and gender impact assessments in all Union policy areas;
Amendment 14 #
2024/2019(DEC)
Draft opinion
Recital B b (new)
Recital B b (new)
B b. whereas the anti-gender and anti- abortion movements in Europe are becoming more vocal and influential, partly because of funding from religious extremist organisations based outside of Europe; whereas these movements negatively impact the public discourse on abortion rights and gender equality; whereas they are well funded and well organised, and are likely to put more pressure on women’s rights in the future, especially sexual and reproductive health and rights;
Amendment 26 #
2024/2019(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. AcknowledgWelcomes the Commission’s continuous monitoring of rule of law benchmarks through the rule of law toolbox, including the annual rule of law report, whilose remaining concerned that, by adopting an overly diplomatic approach and failing to distinguish between individual and systemic issues, the annual rule of law report risks triviigourous chapters detail individual and systemic issues regarding the rule of law in the different Member States and allow for a comprehensive analiysing somes of the most serious breaches of the rule of lawsituation and its evolution in each Member State; reiterates its regret and serious concern with respect to the lawfulness of the Commission’s decision concluding that, in Hungary, the horizontal enabling condition of the Charter had been fulfilled in relation to judicial independence which decision enabled the Hungarian authorities to start claiming reimbursements of up to approximately EUR 10,2 billion from Union funds; calls on the Commission to take steps towards the full implementation of Parliament’s recommendations on the establishment of an EU mechanism for democracy, the rule of law and fundamental rights, contained in its resolution of 25 October 20161 , and to ensure that assessments of rule of law benchmarks are more precise and qualitative than is presently the case, relying not only on legislative changes, but also on real and independent evidence of their implementation in practice; _________________ 1 European Parliament resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (2015/2254(INL)) (OJ C 215, 19.6.2018, p. 162).
Amendment 28 #
2024/2019(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges the Union’s commitment to gender mainstreaming and the need to further focus on combating violence against women and girls in policymaking; stresses the need to urgently establish a common approach to rape based on consent based legislation with common minimum sanctions in national laws;
Amendment 34 #
2024/2019(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned about the growing financial risks due to Russia’s war of aggression against Ukraine and its impact on gender equality policies; highlights the need to prioritise policies that protect children, women and familiesrecognize the vulnerable position of women in conflict zones and to prioritise policies that protect children, women and families especially in providing aid in conflict situations and access to healthcare services including emergency contraception, testing for sexually transmitted infections, post- exposure prophylaxis treatment and access to safe and legal abortion care;
Amendment 39 #
2024/2019(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls for a strong European effort to protect our fundamental values such as equal rights and access to sexual and reproductive health and rights including safe and legal abortion;
Amendment 43 #
2024/2019(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Supports the United Nations’ Spotlight Initiative’s goal of ending violence against women and girls and addressing the needs of vulnerable groups, such as victims of harmful practices like female genital mutilation or child marriage; urges the Commission to stop funding movementorganisations in and outside the Union that proactively contribute to the oppression of women in all forms, including campaigning against SRHR rights;
Amendment 60 #
2024/2019(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Regrets the lack of specific budget lines for measures dedicated to gender equality, especially within the Daphne programme, leading to a lack of transparency and accountability;
Amendment 69 #
2024/0035(COD)
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 #
2024/0035(COD)
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 81 #
2024/0035(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In adopting legislation on substantive criminal law, the Union should ensure consistency of such legislation in particular with regard to the level of penalties. This Directive, because it contains an exceptionally high number of different offences, requires, in order to reflect the various degrees of seriousness, a differentiation in the level of penalties which goes further than what should usually be provided in Union legal instruments. The Directive must however ensure that technology-facilitated offences committed are covered by the same penalties as other offences, the seriousness and trauma resulting from them being equivalent.
Amendment 92 #
2024/0035(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Solicitation of children for sexual purposes is a threat with specific characteristics in the context of the Internet, as the latter provides unprecedented anonymity to users because they are able to conceal their real identity and personal characteristics, such as their age. In the last decade, the use of information and communication technologies has provided offenders with increasingly easy access to children, where the contact often starts with the offender luring the child, for example by pretending to be a peer or with other deceitful or flattering conduct, into compromising situations. This increased access to children has led to the rapid growth of phenomena such as ‘sextortion’ (i.e. the conduct of threatening to share intimate material depicting the victim to obtain money, child sexual abuse material or any other benefit), affecting children both below and above the age of sexual consent. There has been a surge in recent years of financially motivated sexual extortion by organised crime groups that target in particular teenage boys, which have led to multiple cases of those children taking their lives. It is therefore essential that all these phenomena are appropriately covered in Member States’s law. At the same time, Member States acknowledge the importance of also combating the solicitation of a child outside the context of the Internet, in particular where such solicitation is not carried out by using information and communication technology. Member States are encouraged toshould criminalise the conduct where the solicitation of a child to meet the offender for sexual purposes takes place in the presence or proximity of the child, for instance in the form of a particular preparatory offence, attempt to commit the offences referred to in this Directive or as a particular form of sexual abuse. Whichever legal solution is chosen to criminalise ‘off-line grooming’, Member States should ensure that they prosecute the perpetrators of such offences.
Amendment 101 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 113 #
2024/0035(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) At least two-thirds of victims of child sexual abuse and exploitation are girls; Crimes in the area of sexual abuse and sexual exploitation of children against girls are forms of violence against women as per article 2.a of Directive (EU) 2024/1385 of the European Parliament and of the Council of 14 May 2024 on combating violence against women and domestic violence, which shall be applicable. Consequently, when implementing the Directive at hand, a gender sensitive approach shall be applied.
Amendment 118 #
2024/0035(COD)
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 #
2024/0035(COD)
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 124 #
2024/0035(COD)
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 ensure that all Member States uphold these principles and put in place age- appropriate, multi-disciplinary and integrated child-protection systems to provide effective care and legal support to child victims, 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. 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 proceedings 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 victims 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 child's right to be heard and to participate meaningfully should be prioritized, ensuring that their views are heard and respected throughout the process.
Amendment 128 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 157 #
2024/0035(COD)
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 victims thereof.
Amendment 159 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point e
Article 2 – paragraph 1 – point 3 – point e
Amendment 195 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 226 #
2024/0035(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
(8 a) 'conversion therapy' means any treatment aimed at changing a person's sexual orientation or gender identity
Amendment 229 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall take the necessary measures to ensure that the conduct referred to in paragraphs 2 to 8 is punishable, including if the conduct was committed by means of information and communication technology.
Amendment 261 #
2024/0035(COD)
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 273 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 7 – point a a (new)
Article 3 – paragraph 7 – point a a (new)
(a a) causing a child below the age of sexual consent to engage themselves, in any act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object;
Amendment 286 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 8
Article 3 – paragraph 8
8. Where the child is above the age of sexual consent and does not consent to the act, the conduct referred to in paragraph 7 shall be punishable by a maximum term of imprisonment of at least 102 years.
Amendment 292 #
2024/0035(COD)
Proposal for a directive
Article 3 – paragraph 9 – introductory part
Article 3 – paragraph 9 – introductory part
9. For the purpose of paragraph 4 and 8, Member States shall ensure that:
Amendment 295 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 301 #
2024/0035(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 7 is punishable, including if the conduct was committed by means of information and communication technology.
Amendment 303 #
2024/0035(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that the intentional conduct referred to in paragraphs 2 to 7 is punishable, including if the conduct was committed by means of information and communication technology.
Amendment 331 #
2024/0035(COD)
Proposal for a directive
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7 a. Coercing or forcing a child to share intimate material depicting the child, other child sexual abuse material to obtain money or any other benefit, as well as coercing or forcing a child to share child sexual abuse material eunder the threat of sharing the material beyond the consent of the depicted person shall be punishable by a maximum term of imprisonment of at least 8 years.
Amendment 333 #
2024/0035(COD)
Proposal for a directive
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7 a. Coercing or forcing a child to share intimate material depicting the child 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 shall be punishable by a maximum term of imprisonment of at least 8 years.
Amendment 341 #
2024/0035(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Acquisition or possession of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 12 years.
Amendment 346 #
2024/0035(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Knowingly obtaining access, including by means of information and communication technology, to child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 12 years.
Amendment 359 #
2024/0035(COD)
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Production of child sexual abuse material shall be punishable by a maximum term of imprisonment of at least 38 years.
Amendment 369 #
2024/0035(COD)
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 370 #
2024/0035(COD)
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 375 #
2024/0035(COD)
Proposal for a directive
Article 5 – paragraph 9
Article 5 – paragraph 9
9. It shall be within the discretion of Member States to decide whetherMember States shall ensure that this Article applies to cases involving child sexual abuse material as referred to in Article 2 , point (36)(c) , where the person appearing to be a child was in fact 18 years of age or older at the time of depiction.
Amendment 377 #
2024/0035(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article5a Instructions manuals on how to commit the offences listed in Articles 3, 4, 5, 6 and 7 1. Member States shall take the necessary measures to ensure that the intentional conduct, when committed without right, referred to in paragraphs 2 to 6 is punishable. 2. Acquisition or possession of instructions manual on how to sexually abuse children shall be punishable by a maximum term of imprisonment of at least 2 years. 3. Knowingly obtaining access, including by means of information and communication technology, to instructions manual on how to sexually abuse children shall be punishable by a maximum term of imprisonment at least 2 years. 4. Distribution, dissemination or transmission of child sexual abuse material and instructions manual on how to sexually abuse children shall be punishable by a maximum term of imprisonment at least 2 years. 5. Offering, supplying or making available child sexual abuse material and instructions manual on how to sexually abuse children shall be punishable by a maximum term of imprisonment at least 2 years. 6. Production of child sexual abuse material and instructions manual on how to sexually abuse children shall be punishable by a maximum term of imprisonment at least 8 years.
Amendment 383 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
Solicitation of child sexual abuse and exploitation
Amendment 412 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 429 #
2024/0035(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. It shall be within the discretion of Member States to decide whetherMember States shall ensure that Article 4(4) does not appliesy to a performance that takes place in the context of a consensual relationship where the child has reached the age of sexual consent or between peers , in so far as the acts did not involve any abuse or exploitation and no money or other form of remuneration or consideration is given as payment in exchange for the performance.
Amendment 432 #
2024/0035(COD)
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – introductory part
Article 10 – paragraph 3 – subparagraph 1 – introductory part
Amendment 436 #
2024/0035(COD)
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
where that material is produced and possessed with the consent of the children involved and only for the private use of the persons involved, 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 #
2024/0035(COD)
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 442 #
2024/0035(COD)
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 voluntarily, as result of the child’s free will assessed in the context of the surrounding circumstances. A child above the age of sexual consent cannot be considered to have consented when the child was unable to form a free will due to the presence of the circumstances described in Article 3(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 445 #
2024/0035(COD)
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 #
2024/0035(COD)
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 452 #
2024/0035(COD)
Proposal for a directive
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Consensual sharing of one’s intimate images or, videos or similar material cannot be interpreted as consent to any further sharing or dissemination of that same image or video, video or similar material, including in a manipulated or altered version.
Amendment 459 #
2024/0035(COD)
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) the offence was committed against a child in a particularly vulnerable situation, such as a young child, a child with a mental or physical disability, a child who is seen as not conforming to conventional norms relating to sexual orientation, gender identity and expression or sex characteristics, or a child in a situation of dependence or in a state of physical or mental incapacity;
Amendment 464 #
2024/0035(COD)
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 465 #
2024/0035(COD)
Proposal for a directive
Article 11 – paragraph 1 – point h
Article 11 – paragraph 1 – point h
(h) the offence or another criminal offence of child sexual abuse or sexual exploitation was committed repeatedly;
Amendment 469 #
2024/0035(COD)
Proposal for a directive
Article 11 – paragraph 1 – point j a (new)
Article 11 – paragraph 1 – point j a (new)
(j a) the offence was committed due to a motive based on grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or other belief, political opinion, membership of a national minority, property, birth, disability, age or sexual orientation as per Article 21 of the Charter of Fundamental Rights of the European Union.
Amendment 470 #
2024/0035(COD)
Proposal for a directive
Article 11 – paragraph 1 – point j a (new)
Article 11 – paragraph 1 – point j a (new)
(j a) the offence was committed due to a motive based on one or more than one grounds protected under Article 21 of the Charter of Fundamental Rights of the European Union and resulted in either a direct or an indirect discrimination, prohibited under EU law.
Amendment 473 #
2024/0035(COD)
Proposal for a directive
Article 11 – paragraph 1 – point j b (new)
Article 11 – paragraph 1 – point j b (new)
(j b) the offence was committed within the context of a conversion therapy practice
Amendment 476 #
2024/0035(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – 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 9 mayshall be temporarily or permanently prevented from exercising at least professional activities involvn organised voluntary activities involving or facilitating direct and regular contacts with children.
Amendment 478 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 489 #
2024/0035(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall, in accordance with the basic principles of their legal systems take the necessary measures to ensure that competent national authorities are entitledo not to prosecute or impose penalties on child victims of sexual abuse and sexual exploitation for their involvement in criminal activities, which they have been compelled to commit as a direct consequence of being subjected to any of the acts referred to in Article 4(2), (3), (5) and (6), and in Article 5 (4), (5) and (6).
Amendment 496 #
2024/0035(COD)
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 1
Article 16 – paragraph 2 – subparagraph 1
Member States shall take the necessary measures to enable the prosecution of any of the offences referred to in Article 3, Article 4(2), (3), (4), (5), (6), (7) and (7) 8), of any serious offences referred to in Article 5(6) when child sexual abuse material as referred to in Article 2 , points (3)(a) and (b) has been used, and of any of the offences referred to in Articles 7 and 8 , for a sufficient period of time afto guarantere the victim has reached the age of majority and which is commensurate with the gravity of the offence concerneright of every victim to access justice and at least until the victim has reached 58 years old.
Amendment 503 #
2024/0035(COD)
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point a
Article 16 – paragraph 2 – subparagraph 2 – point a
(a) at least 240 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years of imprisonment;
Amendment 507 #
2024/0035(COD)
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point b
Article 16 – paragraph 2 – subparagraph 2 – point b
Amendment 511 #
2024/0035(COD)
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point c
Article 16 – paragraph 2 – subparagraph 2 – point c
Amendment 518 #
2024/0035(COD)
Proposal for a directive
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2 a. The period of time referred to in the second subparagraph shall be interrupted by any act initiating the judicial proceedings or any subsequent proceedings for offences listed in paragraph 2 first subparagraph conducted against the same offender.
Amendment 519 #
2024/0035(COD)
Proposal for a directive
Article 16 – paragraph 2 b (new)
Article 16 – paragraph 2 b (new)
2 b. If the offender commits another offence listed in paragraph 2 first subparagraph before the expiry of the limitation period, the limitation period of the initial offence is prolonged until the the date on which the limitation period for the new offence expires.
Amendment 523 #
2024/0035(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall ensure that persons, units or services investigating and prosecuting the offences referred to in Articles 3 to 9 have sufficient staff, expertise and effective investigative tools to effectively investigate and prosecute such crimes, including those committed through the use of information and communication technology, in accordance with the applicable rules of Union and national law. Where appropriate, tThese tools shall include psychological forensic experts, and, where appropriate, special investigative tools, such as those which are used in countering organised crime or other serious crime cases, like the possibility to conduct undercover investigations.
Amendment 526 #
2024/0035(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall take the necessary measures to encourage any natural or legal person who knows about or suspects, in good faith, that any of the offences referred to in Articles 3 to 9 have been committed, to report this to the competent services , without affecting Article 18 of Regulation (EU) 2022/2065 of the European Parliament and of the Council24 and Article 12 of Regulation (EU) …/…25 [laying down rules to prevent and combat child sexual abuse]. _________________ 24 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2065/oj). 25 Regulation (EU)
Amendment 531 #
2024/0035(COD)
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 534 #
2024/0035(COD)
Proposal for a directive
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3 a. Member States shall ensure the existence of accessible, visible, clear, user-friendly and gender sensitive reporting mechanisms in accordance with the Barnahus quality standards. Member States shall ensure that these reporting mechanisms are adequately resourced, including in terms of funding and staffing.
Amendment 541 #
2024/0035(COD)
Proposal for a directive
Article 18 – paragraph -1 (new)
Article 18 – paragraph -1 (new)
-1. Member States shall ensure the existence of accessible, visible, clear, user-friendly and gender sensitive reporting mechanisms in accordance with the Barnahus quality standards. Member States shall ensure that these reporting mechanisms are adequately resourced, including in terms of funding and staffing;
Amendment 543 #
2024/0035(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, and Article 5a under Directive (EU) …/… [proposed Directive amending Directive 2012/29 establishing minimum standards on the rights, support and protection of victims of crimes], Member States shall ensure that victims can report, through diversified mechanisms, the offences referred to in Articles 3 to 9 of this Directive to the competent authorities in an easy and accessible manner. This shall include the possibility of reporting those criminal offences, and submitting evidence where feasible, by means of easily accessible and user-friendly information and communication technologies.
Amendment 546 #
2024/0035(COD)
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 549 #
2024/0035(COD)
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. Member States should encourage and support, including financially, other reporting mechanisms, notably : (a) the development of dedicated helplines and hotlines, including but not only under the number 116 000 for missing children; (b) the appointment of well-being officers by online platforms, specifically trained to receive, assess and report suspicion of child sexual abuse and exploitation. Member States shall ensure that these reporting systems are fully integrated into national child protection systems.
Amendment 566 #
2024/0035(COD)
Proposal for a directive
Article 21 – title
Article 21 – title
Assistance and support to victims and survivors
Amendment 568 #
2024/0035(COD)
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 #
2024/0035(COD)
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 572 #
2024/0035(COD)
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 time after the conclusion of criminal proceedings 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 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 for children who report cases of abuse within their family, in line with the best interest of the child.
Amendment 575 #
2024/0035(COD)
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 578 #
2024/0035(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Victims shall be provided with coordinated, age-appropriate medical care, emotional, psychosocial, psychological 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.
Amendment 588 #
2024/0035(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Where it is necessary to provide for interim accommodation, children shall, as a priority, be placMember States shall take the necessary measures to ensure that the need for and the type of interim accommodation is assessed with other family members, where necessary best in temporary or permanent housing, equipped with support servicesrest of the child as primary consideration.
Amendment 589 #
2024/0035(COD)
Proposal for a directive
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
3 a. Member States shall take specific actions to assist and support victims and survivors who are particularly vulnerable, including due to their mental or physical disabilities in line 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 #
2024/0035(COD)
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 596 #
2024/0035(COD)
Proposal for a directive
Article 21 – paragraph 6 a (new)
Article 21 – paragraph 6 a (new)
6 a. Member States shall take the necessary measures to ensure that the rights set out in this Directive are not made conditional on the victim's residence status, citizenship or nationality, in accordance with Directive 2012/29/EU. Member States shall, in particular, ensure that victims residing outside of the EU have access to the assistance and information in relation to abusive material depicting them hosted or disseminated in the EU. Member States shall set up cooperation mechanisms with third-countries to facilitate non-EU victims’ request for removal and access to support as well as judicial cooperation.
Amendment 597 #
2024/0035(COD)
Proposal for a directive
Article 21 – paragraph 7 a (new)
Article 21 – paragraph 7 a (new)
7 a. Child victims shall have the right to receive, upon their request and on an opt-out basis, information regarding any instances of child sexual abuse material depicting them hosted or disseminated in the EU. Member States shall take specific measures to ensure victims are informed about the potential impact of this request and have access to assistance and support throughout the process.
Amendment 602 #
2024/0035(COD)
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 603 #
2024/0035(COD)
Proposal for a directive
Article 21 – paragraph 9 b (new)
Article 21 – paragraph 9 b (new)
9 b. Victims and survivors shall have the right to receive, upon their request and on opt-out basis, information regarding any instances of child sexual abuse material depicting them hosted or disseminated in the EU . Member States shall take specific measures to ensure victims and survivors are informed about the potential impact of this request and have access to assistance and support throughout the process.
Amendment 604 #
2024/0035(COD)
Proposal for a directive
Article 21 – paragraph 9 c (new)
Article 21 – paragraph 9 c (new)
9 c. Member States shall take the necessary measures to ensure that the rights set out in this Directive are not made conditional on the victim's residence status, citizenship or nationality, in accordance with Directive 2012/29/EU. Member States shall, in particular, ensure that victims residing outside of the EU have access to the assistance and information in relation to material hosted or disseminated in the EU depicting them. Member States shall set up cooperation mechanisms with third- countries to facilitate non-EU victims’ request for removal and access to support as well as judicial cooperation.
Amendment 609 #
2024/0035(COD)
Proposal for a directive
Article 22 – title
Article 22 – title
Protection of child victims in criminalren in investigations and proceedings
Amendment 610 #
2024/0035(COD)
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 #
2024/0035(COD)
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 #
2024/0035(COD)
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 614 #
2024/0035(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Member States shall take the necessary measures to ensure that in criminal investigations and proceedings, in accordance with the role of victims in the relevant justice system, competent authorities appoint a special representative for the child victim where, under 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. All authorities involved in the proceedings should be trained in child friendly justice.
Amendment 623 #
2024/0035(COD)
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 625 #
2024/0035(COD)
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Member States shall take the necessary measures to ensure that in criminal investigations of any of the offences referred to in Articles 3 to 9 all interviews with the child victim or, where appropriate, with a child witness, may be audio-visually recorded with informed consent of the child victim and parent/legal guardian, when that parent/legal guardian is not involved in the crime committed and that such audio- visually recorded interviews may be used as evidence in criminal court proceedings, in accordance with the rules under their national law.
Amendment 628 #
2024/0035(COD)
Proposal for a directive
Article 22 – paragraph 7
Article 22 – paragraph 7
7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in criminal court proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s age and maturity in the relevant court proceedings. Member States shall ensure these measures apply to all children, including those alleged as, accused of or convicted of a crime. who are suspects or accused persons in criminal proceedings in line accordances with the safeguards set out in Directive Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings.
Amendment 631 #
2024/0035(COD)
Proposal for a directive
Article 22 – paragraph 7
Article 22 – paragraph 7
7. Member States shall take the necessary measures to ensure that, where the participation of a child is necessary in criminal courtjudicial proceedings relating to any of the offences referred to in Articles 3 to 9, the court takes into account the child’s best interest, age and maturity in the relevant court proceedings. Member States shall ensure this applies to all children, including those alleged as, accused of or convicted of a crime.
Amendment 636 #
2024/0035(COD)
Proposal for a directive
Article 23 – title
Article 23 – title
Victim’s and survivor's right to compensation
Amendment 639 #
2024/0035(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall ensure that victims and survivors of offences referred to in Articles 3 to 9 of this Directive have a right to compensation for any damage suffered. Member States shall ensure clear, trauma-informed and victim- sensitive procedural rules for compensation. Member States shall ensure that compensation can be requested from perpetrators of any of the offences referred to in Articles 3 to 9 from legal persons liable for such offences under Articles 13 and 14, from organisations whose staff, contractors and volunteers work in close contact with children when there has been a culpable breach of their safeguarding obligation of care towards the victim and, where appropriate, from national compensation schemes established for the benefits of victims of crime.
Amendment 647 #
2024/0035(COD)
Proposal for a directive
Article 23 – paragraph 3 – point a
Article 23 – paragraph 3 – point a
(a) at least 240 years from the date the victim has reached the age of majority for the offences punishable under this Directive by a maximum penalty of at least 3 years;
Amendment 650 #
2024/0035(COD)
Proposal for a directive
Article 23 – paragraph 3 – point b
Article 23 – paragraph 3 – point b
Amendment 653 #
2024/0035(COD)
Proposal for a directive
Article 23 – paragraph 3 – point c
Article 23 – paragraph 3 – point c
Amendment 656 #
2024/0035(COD)
Proposal for a directive
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3 a. Member States shall ensure that when victims are not legally able to request compensation from the offender during criminal proceedings due to his/ her death, unfitness to stand trial or any other similar legal reason they are still able to request compensation during civil proceedings against any of the other liable parties mentioned in paragraph one.
Amendment 657 #
2024/0035(COD)
Proposal for a directive
Article 23 – paragraph 3 b (new)
Article 23 – paragraph 3 b (new)
3 b. Member States shall ensure that victims are able to directly request compensation during civil proceedings without previously having to initiate, participate or cooperate with criminal proceedings. Their ability to get compensation during civil proceedings should not be made conditional on their willingness to initiate or cooperate in a criminal investigation, prosecution or trial.
Amendment 659 #
2024/0035(COD)
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 661 #
2024/0035(COD)
Proposal for a directive
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
The EU Centre for Child Protection, once established, shall support national authorities in carrying out the activities listed in this article.
Amendment 674 #
2024/0035(COD)
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Member States shall take the necessary measures to ensure that persons who fear that they might commit any of the offences referred to in Articles 3 to 9 have easy access to dedicated and effective intervention programmes or measures designed to evaluate and prevent the risk of such offences being committed.
Amendment 675 #
2024/0035(COD)
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Member States shall ensure that the programmes or measures referred to in paragraph 1 are accessible without undue restrictions in line with national standards concerning healthcare, and that programmes are properly and continuously resourced.
Amendment 682 #
2024/0035(COD)
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall develop national action plan to prevent and tackle child sexual abuse and exploitation. Member States shall take appropriate actions, including through the Internet, such as information and awareness-raising campaigns, research, education and training programmes or material on how to identify, prevent and report child sexual abuse and exploitation, where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness and reducing the risk of children, becoming victims of sexual abuse or sexual exploitation. Member States should integrate sexual education, digital literacy and safe online practices in school curriculum and promoted in communities.
Amendment 688 #
2024/0035(COD)
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Member States shall promoteensure mandatory regular training , including in child friendly justice for all professionals, judges and officials likely to come into contact with child victims of sexual abuse or sexual exploitatio and volunteers recruited for professional or organised voluntary activities involving or facilitating direct and regular contacts with children, including , but not limited to judges, child protection professionals, child care, healthcare professionals, legal professionals, teachers and educators, family court judges and front-line police officers, aimed at enabling them to identify and deal with child victims and potential child victims of sexual abuse or sexual exploitation.
Amendment 692 #
2024/0035(COD)
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
Member States shall take appropriate measures to enhance the prevention of child sexual abuse in community settingsall organisations whose staff and volunteers work in close contact with children, including schools, hospitals, social care services, sports clubs or religious communities.
Amendment 696 #
2024/0035(COD)
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2 – point a
Article 28 – paragraph 4 – subparagraph 2 – point a
(a) dedicated training and awareness raising activities for staff working in such settingsand volunteers working in close contact with children, including on how to prevent, identify and provide an age appropriate, gender- sensitive and trauma-informed response to child sexual abuse and exploitation;
Amendment 698 #
2024/0035(COD)
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 2 – point b
Article 28 – paragraph 4 – subparagraph 2 – point b
(b) mandatory Child Safeguarding Policies explaining how to prevent and respond to child sexual abuse and exploitation, dedicated guidelines, internal protocols and standards identifying good practices, such as the establishment of mechanisms of supervision and accountability for staff working in close contact with children in such settings;
Amendment 708 #
2024/0035(COD)
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 710 #
2024/0035(COD)
Proposal for a directive
Article 28 – paragraph 5 a (new)
Article 28 – paragraph 5 a (new)
5 a. Member States should ensure that the actions listed in the above paragraph are evidence-based and take into account the evolving manifestations of the offences listed in the Directive, including online.
Amendment 713 #
2024/0035(COD)
Proposal for a directive
Article 29 – title
Article 29 – title
Intervention programmes or measures on a voluntary basis in the course of or after criminal proceedings
Amendment 715 #
2024/0035(COD)
Proposal for a directive
Article 29 – paragraph 3 – introductory part
Article 29 – paragraph 3 – introductory part
3. Member States shall take the necessary measures to ensure that the following persons may have access to the intervention programmes or measures referred to in paragraph 1:
Amendment 717 #
2024/0035(COD)
Proposal for a directive
Article 29 – paragraph 3 – point a
Article 29 – paragraph 3 – point a
(a) persons subject to criminal proceedings for any of the offences referred to in Articles 3 to 9 , under conditions which are neither detrimental nor contrary to the rights of the defence or to the requirements of a fair and impartial trial, and, in particular, in compliance with the principle of the presumption of innocence; and have access to the intervention programmes or measures referred to in paragraph 1.
Amendment 719 #
2024/0035(COD)
Proposal for a directive
Article 29 – paragraph 3 – point b
Article 29 – paragraph 3 – point b
(b) persons convicted of any of the offences referred to in Articles 3 to 9 participate in intervention programmes or measures referred to in paragraph 1.
Amendment 724 #
2024/0035(COD)
Proposal for a directive
Article 29 – paragraph 5 – point c
Article 29 – paragraph 5 – point c
(c) may refuse and, in the case of convicted persons, are made aware of the possible consequences of such a refusal.
Amendment 725 #
2024/0035(COD)
Proposal for a directive
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5 a. Member States shall take the necessary measures to encourage alternatives to imprisonment prior to considering criminal sanctions and detention, in particular when the person convicted is under the age of 18.
Amendment 728 #
2024/0035(COD)
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
Amendment 731 #
2024/0035(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall take the necessary measures to ensure the prompt removal of web pages containing or disseminating child sexual abuse material hosted in their territory and to endeavour to obtain the removal of such pages hosted outside of their territory. ‘Prompt removal’ means that the content must be removed within 24 hours of being notified.
Amendment 733 #
2024/0035(COD)
Proposal for a directive
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1 a. Member States shall take the necessary measures to ensure that online service providers who fail to remove the content promptly, as outlined in paragraph 1, is punishable by effective, proportionate and dissuasive sanctions, which may include criminal or non- criminal fines or other sanctions, such as listed in Article 14 (1).
Amendment 735 #
2024/0035(COD)
Proposal for a directive
Article 30 – paragraph 1 b (new)
Article 30 – paragraph 1 b (new)
1 b. Member States shall require online service providers: (a) to provide information about competent national support services and reporting mechanisms; (b) to report to the competent child protection service any child victim of offences referred to in Articles 3 to 9 who they know about or suspects, in good faith, to have been committed.
Amendment 738 #
2024/0035(COD)
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Member States may take measures to promptly block access to web pages containing or disseminating child sexual abuse material towards the Internet users within their territory. These measures must be set by transparent procedures and provide adequate safeguards, in particular to ensure that the restriction is limited to what is necessary and proportionate, and that users are informed of the reason for the restriction. Those safeguards shall also include the possibility of judicial redress. For the purpose of paragraph 1, ‘prompt removal’ means that the content must be blocked within 24 hours of being notified.