67 Amendments of Kathleen FUNCHION related to 2024/0035(COD)
Amendment 40 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) (9 a) This Directive should address the need to combat unreported child sexual abuse and exploitation, which represents the majority of cases. The starting point must be the recognition that violence against children may be violence against women in some cases and often occurs in intimate and family settings, making it difficult to identify and report, and is further exacerbated by the spread of these crimes through new technologies. This highlights the need for legislation that protects, supports, and provides comprehensive redress for victims and survivors, regardless of the existence of criminal proceedings. An adequate institutional framework is essential to guarantee children's rights. In this regard, the Directive must provide a legal framework to establish harmonised mechanisms in the phases of prevention, identification, protection, reporting and reparation to ensure a comprehensive and effective response to these offences.
Amendment 43 #
Proposal for a directive
Recital 11
Recital 11
(11) Child sexual abuse disproportionately affects girls. Reports indicate that nine out of 10 victims are young girls. In contrast, men account for the overwhelming majority of perpetrators. 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 IA images and videos depicting child sexual abuse is expected to grow exponentially in the coming years, and it affects women and girls more. 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 64 #
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 themselves of the possibilities referred to in this Directive do so in the exercise of their competences. More particularlyHowever, in accordance with the recommendations of the United Nations on the Committee on the Rights of the Child and the Lanzarote Committee, Member States should be able toall exempt from criminalisation consensual sexual activities involving exclusively children above the age of sexual consent, as well as 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). 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 and therefore to sexual violence.
Amendment 72 #
Proposal for a directive
Recital 31
Recital 31
(31) Victims of sexual abuse and sexual exploitation of children, particulary girls, 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. In addition, most cases of sexual abuse against children come from family members or people within the inner circle of the child, with the consequences this has for the prolonged duration of the abuse, the above-mentionned stigma and the ease with which perpetrators can access the child. 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 report the crime for a significantly extended period of time.
Amendment 77 #
Proposal for a directive
Recital 35 a (new)
Recital 35 a (new)
(35 a) Member States should guarantee comprehensive care for children as a subjective right, ensuring that victim and survivor reparations programs, with gender perspective, are effective and accessible. In this regard, and recognising the Barnahus model as a positive reference, Member States should commit to its financial sustainability to guarantee universality and non-discrimination in children’s access to their rights. This means that the care, support, protection, and reparations provided to children must be integrated and respect their status as full rights-holders. Only through such approaches can real and lasting protection of their rights be ensured, addressing their needs within a framework of justice that is adapted and sensitive to their overall development.
Amendment 78 #
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 child best interest should be interpreted by ensuring children protection and safeguarding from further harm, providing tailored and adapted support and protection of children rights throughout the entire judicial process and beyond, mainstreaming the gender perspective throughout the process, including the contacts with social, healthcare, educational and pyscological services 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 and tailored psychosocial support and child protective services. This Directive attempts to ensure that all Member States uphold these principles, 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.
Amendment 84 #
Proposal for a directive
Recital 37
Recital 37
(37) Member States should provide tailored and comprehensive short- and long-term assistance to child victims, with gender perspective, to child victims and survivors, regardless the existence of a complaint or criminal prosecution. Any harm caused by the sexual abuse and sexual exploitation of a child is significant and should be addressed as soon as possible after the first contact of the victim with the authorities. Immediate assistance to victims before and during criminal investigations and proceedings is essential to limit the long- term trauma linked to the abuse suffered. To facilitate the swift provision of assistance, including the identification of the relevant support services, Member States should issue guidelines and protocols for healthcare, education and social service professionals and volunteers, including the staff at helplines, taking always into account the specific needs of the child . Because of the nature of the harm caused by sexual abuse and sexual exploitation, such assistance should continue for as long as necessary for the child’s physical and psychological recovery and may last into adulthood if necessary. Assistance and advice should be considered to be extended to parents , carers or guardians of the child victims where they are not involved as suspects in relation to the offence concerned, in order to help them to assist child victims throughout the proceedings. Member States should take the necessary measures to respect children's right to be heard. Child protection in this regard must be linked to family law and gender-based violence law, and their right to reparations and non-repetition, especially in environments where abuse has occurred such as the family. In cases of sexual abuse against children within the family, the perpetrator often retains rights within the environment of the abused child, which is not the case in the healthcare or school sectors. That is, when family law conflicts with the child’s right to a life free from sexual violence, the latter must take precedence. The majority of caregivers are women, whom States must support in their efforts to protect and seek justice and reparation for the sexual violence suffered by the children in their care, with particular attention to assaults committed within the family. This is especially relevant in the case of protective mothers who act with the sole purpose of protecting a child and preventing further harm and abuses in suspected cases of child sexual abuse. Cares shall be excluded from criminal persecution and be protected against civil claims directly related to protective actions. Primary carers shall not face criminal charges for any protective actions taken in good faith to prevent or respond to suspected child sexual abuse, including but not limited to reporting suspected abuse to law enforcement or child protective services, taking temporary steps to limit or restrict contact between the child and the alleged abuser, seeking emergency custody modifications or other legal interventions to protect the child. In cases against the protective carers, the burden of proof shall lie with the claimant to demonstrate that the carer's actions were taken for reasons other than child protection.
Amendment 86 #
Proposal for a directive
Recital 38
Recital 38
(38) Child sexual abuse and child explotation as forms of sexual violence, and sometimes could involve gender- based violence. have profound and lasting impacts on victims and survivors, affecting their mental health, personal development, and future well-being 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.
Amendment 88 #
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39 a) Prevention of child sexual abuse is of paramount importance to protect children. Member States shall take protective measures to safeguard children’s physical, emotional, and psychological well-being and safeguard the fundamental rights of children to grow up in a safe environment, free from exploitation, violence and harm. Protective measures must encompass prevention, detection, intervention, support and reparation, ensuring that all aspects of a child’s safety are addressed. Preventing child sexual abuse requires collaborative efforts across sectors, including education, healthcare, judicial systems, and community services. Furthermore, empowering primary carers, particularly mothers who often serve as frontline protectors, is essential to detecting and interrupting abusive situations.
Amendment 103 #
Proposal for a directive
Recital 54
Recital 54
(54) It is essential to collect data, disaggregated by sex or gender, age group (child/adult) of the victim and of the offender, relationship between the victim and the offender and type of offence, whether the victim had a disability, and the context in which the offence took place, as well as in relation to intersecting forms of discrimination and other relevant sociodemographic characteristics, and evaluate them in order to implement effective prevention and to combat child sexual abuse and explotation. There elements are key to improving the detection, response and prevention of these offences Member States should take the necessary measures to create mechanisms for such data collection at the national, local or regional levels and in collaboration with civil society, for the purpose of observing and evaluating the phenomenon of sexual abuse and sexual exploitation of children , building also on the broader data collection obligations set in the Directive […/…] [Victims rights Directive, Recast], and Regulation (EU) [Regulation to prevent and combat child sexual abuse] . In order to be able to properly evaluate the results of actions to combat sexual abuse and sexual exploitation of children and child sexual abuse material , the Union should continue to develop its work on methodologies and data collection methods to produce comparable statistics. The collection of this data should take into account situations of children that are particularly vulnerable, such as children in situation of migration, specially girls, or those under the care of public authorities. The EU Centre, as a central knowledge hub on child sexual abuse in the Union, should play a key role in this respect.
Amendment 116 #
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, as forms of sexual violence and 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 117 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) ‘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 118 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2 a) ‘sexual violence against children’ means any sexual act in which a person takes advantage of their power imbalance over a child to manipulate them and obtain sexual gratification. Sexual violence against children could also constitute gender-based violence and it´s sometimes used as a form of violence against women with the purpose of attacking the mother of the victim.
Amendment 129 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘child sexual 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 remuration, gain, advantage payment, promise or consideration is made to the child or to a third party; child sexual exploitation could also constitute GBV and it´s sometimes used as a form of violence against women with the purpose of attacking the mother of the victim.
Amendment 131 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
(5 b) ‘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; sexual extortion of children could involve gender-based violence;
Amendment 132 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 c (new)
Article 2 – paragraph 1 – point 5 c (new)
(5 c) 'conversion therapy' means any treatment aimed at changing a person's sexual orientation or gender identity
Amendment 161 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Causing or recruiting a child to participate in child sexual abuse performances, or profiting from or otherwise exploiting a child for such purposes shall be punishable by a maximum term of imprisonment of at least 5 years if the child has not reached the age of sexual consent and of at least 2 years of imprisonment if the child is over that age.
Amendment 188 #
Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1 a (new)
Article 6 – paragraph 3 – subparagraph 1 a (new)
Member States shall ensure that law enforcement authorities promptly investigate attempts of solicitation of children for sexual purposes. Member States shall ensure that child victims of such solicitation attempts are effectively referred to relevant support services for assistance and protection, with gender perspective.
Amendment 190 #
Proposal for a directive
Article 7 – title
Article 7 – title
Solicitation of sexual abuser inciting someone to commit child sexual abuse and exploitation
Amendment 192 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. It shall be within the discretion of Member StatesMember States shall ensure that to decide whether Article 3 (2), (4) and (47) apply to consensual sexual activities between peers, in so far as the acts did not involve any abuse or any other act constitutive of sexual violence.
Amendment 193 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. Member States should ensure that peers should not be criminalised for consensual and non-exploitative sexual activity, provided that there is no element of coercion, abuse of trust or dependency between the peers.
Amendment 195 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. It shall be within the discretion of Member States to decide whether 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 197 #
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 199 #
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, videos or similar material, including in a manipulated or altered version. Member States shall take criminalise the further sharing or dissemination of these materials, always with gender perspective.
Amendment 201 #
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, a child in alternative care, children in situation of migration both unaccompanied or accompanied, or a child with a mental or physical condition or in a situation of dependence or in a state of physical or mental incapacity;
Amendment 205 #
Proposal for a directive
Article 11 – paragraph 1 – point h
Article 11 – paragraph 1 – point h
(h) the offence was committed repeatedly; , and or continuously over a period of time;
Amendment 206 #
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 exploiting 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 211 #
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 216 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – introductory part
Article 16 – paragraph 2 – subparagraph 2 – introductory part
This period of time referred to in the first subparagraph shall be: least 40 years from the date the victim has reached the age of majority. 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. 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 217 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point a
Article 16 – paragraph 2 – subparagraph 2 – point a
Amendment 221 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point b
Article 16 – paragraph 2 – subparagraph 2 – point b
Amendment 223 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2 – point c
Article 16 – paragraph 2 – subparagraph 2 – point c
Amendment 225 #
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 9have 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, these 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 227 #
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 229 #
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 and not limiting it to the criminal proceedings, 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 232 #
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, diversified, safe, confidential, available in offical and widely spoken languages and designed in a child-friendly manner and language, in accordance with their age and maturity, specific needs and conditions and with gender perspective. Member States shall ensure reporting is not conditional upon parental consent.
Amendment 233 #
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. Member States shall set age and need-appropriate multidisciplinary interagency structures for responding to child sexual abuse, including when committed by means of information and communication technology. Member States should also 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 234 #
Proposal for a directive
Article 18 – paragraph 2 b (new)
Article 18 – paragraph 2 b (new)
2 b. Member States shall ensure that reporting mechanisms are adequately resourced, including in terms of funding and staffing.
Amendment 235 #
Proposal for a directive
Article 18 – paragraph 2 c (new)
Article 18 – paragraph 2 c (new)
2 c. Member States shall ensure that primary carers, specifically mothers acting in the child’s best interest to prevent harm, shall not face criminal charges or civil liabilities for any protective actions taken in good faith to prevent or respond to suspected child sexual abuse. Protective actions shall not be grounds for civil lawsuits, including but not limited to defamation, alienation, or custody interference, provided these actions were taken with the reasonable belief that they were necessary for the child’s safety.
Amendment 238 #
Proposal for a directive
Article 21 – title
Article 21 – title
Assistance and support to victims and survivors
Amendment 239 #
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 forand survivors as soon ans appropriate period of time report is made both (a) without the existence of a criminal proceeding and, (b) if it is the case, 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 and adult survivors 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 and specific support for children who report cases of abuse within their family, paying special attention to the fact that these cases could also involve gender-based violence.
Amendment 241 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Victims and survivors shall be provided with comprehensive, specialist, coordinated, need and age-appropriate medical caretraum-informed, gender-sensitive medical care, including access to sexual and reproductive healthcare services, 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 248 #
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2 a. Member States shall, in particular, 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 250 #
Proposal for a directive
Article 21 – paragraph 2 b (new)
Article 21 – paragraph 2 b (new)
2 b. Member States shall guarantee that victims of sexual violence have timely access to comprehensive healthcare services, including sexual and reproductive healthcare, emergency contraception, screening and post- exposure prophylaxis for sexually transmitted infections and safe and legal abortion.
Amendment 254 #
Proposal for a directive
Article 21 – paragraph 10
Article 21 – paragraph 10
10. Member States, supported by the EU Centre once established, shall issue guidelines for healthcare, education and social service professionals on providing appropriate support to victims of child sexual abuse or exploitation, including on referring victims to the relevant support services and clarifying roles and responsibilities. Such guidelines shall also indicate how to address the specific needs of victims. Such guidelines should serve as a basic example, but the efforts of Member States should not be limited to them alone. It is essential that these guidelines are designed and implemented in close cooperation with regional and local administrations, as well as with non- governmental organisations and experts. The entire process should be led, guided, and directed by the best interests of the child as a full rights-holder. In this way, a truly comprehensive and effective approach to protecting minors from abuse and exploitation will be ensured. The guidelines for healthcare, education and social service professionals should include protocols aimed at protecting children who may be victims of sexual violence. Such protocols should be based on key principles to prioritise the safety of the victim, namely: (a) Best interests of the child. Every decision must focus on safeguarding the child’s well-being and safety above all other interests. (b) Confidentiality. It is crucial to protect the privacy of the child to avoid re- victimization and stigmatisation. Information should only be shared with authorised professionals. (c) No re- victimisation. Avoid repeating questions and examinations, as this can cause additional trauma. Communication and proceedings should be tailored and limited to what is necessary. (d) Universality and non-discrimination. All children should have equal access to protection, regardless of gender, ethnicity, disability, or other factors. (e) Gender approach. The protocol should take into account gender differences and how they may affect the experience of abuse and the support process.
Amendment 256 #
Proposal for a directive
Article 22 – title
Article 22 – title
Protection of child victims in criminalren in investigations and proceedings
Amendment 258 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Member States shall take the necessary measures to ensure that inboth in criminal and no 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.
Amendment 259 #
Proposal for a directive
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1 a. Member States shall ensure that any investigations and proceedings involving children are conducted in accordance with the principles of child- friendly justice and gender perspective. All authorities involved in the proceedings should be trained in child friendly justice and protection and social services
Amendment 260 #
Proposal for a directive
Article 22 – paragraph 1 b (new)
Article 22 – paragraph 1 b (new)
1 b. 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 261 #
Proposal for a directive
Article 22 – paragraph 1 c (new)
Article 22 – paragraph 1 c (new)
1 c. Member States shall ensure that child victims receive need and 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 262 #
Proposal for a directive
Article 22 – paragraph 1 d (new)
Article 22 – paragraph 1 d (new)
1 d. Member States shall ensure that both criminal and non-criminal investigations and proceedings do not lead to a process of re-victimization of the child
Amendment 263 #
Proposal for a directive
Article 22 – paragraph 1 e (new)
Article 22 – paragraph 1 e (new)
1 e. Member States shall take the necessary measures to ensure that children are heard and listened to with full guarantees and without age restrictions, ensuring, in any case, that this process is universally accessible in all administrative, judicial, or other proceedings related to the accreditation of violence and the reparation of victims. Member States shall take the necessary measures to prevent theoretical approaches or unscientific criteria that presume interference or adult manipulation, such as the so-called parental alienation syndrome, from being considered.
Amendment 268 #
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 or in a investigation for gender-based violence, 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 272 #
Proposal for a directive
Article 23 – title
Article 23 – title
Victim’s and survivor's right to compensation
Amendment 273 #
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 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 and, where appropriate, from national compensation schemes established for the benefits of victims of crime.
Amendment 274 #
Proposal for a directive
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1 a. Member States shall ensure that the right to reparation or mitigation of its effects is not fulfilled solely through the right to compensation, but rather through comprehensive reparation beyond economic means. Economic compensation as the only form of reparation shall not serve as a mitigating factor for the penalty.
Amendment 276 #
Proposal for a directive
Article 23 – paragraph 3 – introductory part
Article 23 – paragraph 3 – introductory part
3. The period referred to in the first subparagraph shall be: at least 40 years from the date the victim has reached the age of majority.
Amendment 277 #
Proposal for a directive
Article 23 – paragraph 3 – point a
Article 23 – paragraph 3 – point a
Amendment 279 #
Proposal for a directive
Article 23 – paragraph 3 – point b
Article 23 – paragraph 3 – point b
Amendment 281 #
Proposal for a directive
Article 23 – paragraph 3 – point c
Article 23 – paragraph 3 – point c
Amendment 288 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall take appropriate action, including through the Internet, such as information and awareness-raising campaigns, research, educationmaterial, age-appropriate sexual education programs for children, always with gender perspective and training programmes or material , where appropriate in cooperation with relevant civil society organisations and other stakeholders, aimed at raising awareness andsupporting children to recognise sexual violence, understand their rights and therefore reducinge the risk of children, becoming victims of sexual abuse or sexual exploitation.
Amendment 290 #
Proposal for a directive
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
2 a. Member States shall ensure the right to sexual education and safe online and offline practices, as well as the proper use of the internet and new technologies, as a requisite to identify situations of sexual violence, including abuse and sexual exploitation.
Amendment 292 #
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Member States shall promotensure regular and specialised training , including in child friendly justice for professionals, judges and officials likely to come into contact with child victims of sexual abuse or sexual exploitation, including , but not limited to, child protection professionals, legal professionals, child care, helathcare professionals, teachers and educators, family court judges and front-line police officers, aimed at enabling them to detect early signs of abuse, identify and deal with child victims and potential child victims of sexual abuse or sexual exploitation.
Amendment 295 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
Member States shall take appropriate measures to enhancsure the prevention of child sexual abuse in all community settings and organisations whose staff and volunteers work in close contact with children, including schools, hospitals, daycare centres, social care services, sports clubs or religious communities.
Amendment 297 #
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 300 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 3
Article 28 – paragraph 4 – subparagraph 3
Prevention measures shall devote particular attention to the need to protect children who are particularly vulnerable, including children with mental or physical disabilities. children in contexts of migration, both unaccompanied or accompanied, or children who do not conform to conventional norms relating to sexual orientation, gender identity and expression or sex characteristics.
Amendment 303 #
Proposal for a directive
Article 28 – paragraph 5 – point c a (new)
Article 28 – paragraph 5 – point c a (new)
(c a) to facilitate the swift provision of assistance, including the identification of the relevant support services, issue guidelines for front-line professionals on how to identify and deal with child victims and potential child victims of sexual violence, regardless of criminal proceedings, to ensure the protection and safeguarding of the child’s best interests, taking always into account the specific needs of the child.