26 Amendments of Anna HEDH related to 2010/0064(COD)
Amendment 49 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Member States are encouraged to create mechanisms for data collection or focal points, at the national or local levels and in collaboration with civil society, for the purpose of observing and evaluating the phenomenon of sexual exploitation and sexual abuse of children, with due respect for the requirements of personal data protection in line with the Council of Europe Convention CETS No. 201 on the Protection of Children against Sexual Exploitation and Sexual Abuse. In order to be able to properly evaluate the results of actions to combat sexual abuse, sexual exploitation and child pornography, the Union should continue to develop its work on methodologies and data collection methods to produce comparable statistics.
Amendment 56 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) When combating sexual abuse, sexual exploitation of children and child pornography full use should be made of existing instruments on seizure and confiscation of the proceeds of crime, such as the UN Convention against Transnational Organized Crime and its Protocols, the 1990 Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime1 and Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property2. The use of seized and confiscated instrumentalities and proceeds from the offences referred to in this Directive to support victims' assistance and protection, including compensation of victims, should be encouraged. 1 OJ L 182, 5.7.2001, p. 1. 2 OJ L 68, 15.3.2005, p. 49.
Amendment 69 #
Proposal for a directive
Recital 11
Recital 11
(11) To prevent and minimise recidivism, offenders should be subject to an assessment of the danger posed by the offenders and the possible risks of repetition of sexual offences against children, and should have access to effective intervention programmes or measures on a voluntary basis. In order to ensure the effectiveness of the intervention measures, Member States are encouraged to regularly conduct assessments of methods and practises that give the best results, as well as to fund studies at EU-level that allow for comparisons and the exchange of best practises.
Amendment 103 #
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) 'child sexual exploitation in travel and tourism' shall mean the sexual exploitation of children by a person or persons who travel from their usual environment to a destination where they have sexual contact with children.
Amendment 206 #
Proposal for a directive
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) the organisation of travel arrangements and/or other arrangements with the purpose of committing any of the offences referred to in Articles 3 to 6.
Amendment 209 #
Proposal for a directive
Article 7 – paragraph 3 – point b a (new)
Article 7 – paragraph 3 – point b a (new)
(ba) material acts in connection with travel for the purpose of having sexual intercourse with a child leading to a meeting, regardless of the actual sexual abuse and exploitation of the child.
Amendment 230 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall require authorities to ensure that candidates for professions working with children and/or persons involved in regular activities with children do not hold a criminal record including offences in relation to the offences governed by Articles 3 to 8 of this Directive. Where applicable, the criminal record of any Member State in which the candidate was resident for more than two years should be checked. By way of derogation from Articles 7 (2) and 9 (2) of the Council Framework Decision 2009/315/JHA on the organisation and content of the exchange of information extracted from criminal records between Member States, Member States shall take the necessary measures to ensure that, for the purpose of effectively implementing the measure consisting in temporarily or permanently preventing the person from exercising activities involving regular contacts with children, in particular insofar as the requesting Member State subjects access to certain activities to conditions to ensure that candidates have not been convicted of any of the offences referred to in Articles 3 to 7 of this Directive, information concerning the disqualification arising from conviction of any of the offences referred to in Articles 3 to 7 of this Directive is transmitted when requested under Article 6 of that Framework Decision from the central authority of the Member State of the person's nationality, and that personal data concerning such disqualification provided under Article 7(2) and (4) of that Framework Decision may in all cases be used for such purpose. It is imperative that Member States require that the criminal record of candidates for a position or activities involving children are checked prior to the offer of employment, through pre-employment checks. Otherwise, the requirement only relates to the publication of a criminal list without any requirement that the list is actually checked.Or. enJustification
Amendment 234 #
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10a Seizure and Confiscation Member States shall take the necessary measures to ensure that their competent authorities are entitled to seize and confiscate instrumentalities and proceeds from the offences referred to in this Directive.
Amendment 240 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall provide for the possibility of not prosecutinge or imposinge penalties on child victims of the offences referred to in Articles 4 and Article 5 (4) to (6) for their involvement in unlawful activities as a direct consequence of being subjected to those offences.
Amendment 243 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall take the necessary measures to ensure that investigations should be carried out bearing in mind the best interests and the rights of the child at all times and that investigation into or the prosecution of the offences referred to in Articles 3 to 7 are not dependent on a report or accusation being made by the victim, and that the criminal proceedings may continue even if the victim has withdrawn their statements.
Amendment 251 #
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States shall take the necessary measures to enable and support investigative units or services to attempt to identify the victims of the offences referred to in Articles 3 to 7, in particular by analysing child pornography material, such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology.
Amendment 268 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
Amendment 270 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 275 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Member States shall take the necessary measures to ensure that a child is provided with assistance and support as soon as the competent authorities have an indication that the child might have been subject to an offence referred to in Articles 3 to 7.
Amendment 276 #
Proposal for a directive
Article 18 – paragraph 1 b (new)
Article 18 – paragraph 1 b (new)
1b. Member States shall take the necessary measures to ensure that a child has access to information about its rights, in particular in relation to assistance and support, as soon as competent authorities have an indication that the child might have been subject to an offence referred to in Articles 3 to 7.
Amendment 279 #
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. Member States shall take the necessary measures to establish effective child protection systems and multidisciplinary structures to ensure the necessary assistance and support to victims in the short and long term, whether through the provision of specially trained personnel within its public services or through recognition and funding of victim support organisations, including non-governmental organisations, other relevant organisations or other elements of civil society engaged in assistance to victims.
Amendment 282 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Member States shall take measures, where appropriate and possible, to provide assistance and support to the victim's family. In particular, Member States shall, where appropriate and possible, apply Article 4 of Council Framework Decision 2001/220/JHA to the family.
Amendment 283 #
Proposal for a directive
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
4a. Member States shall take the necessary legislative or other measures to encourage and support the setting up of information services, such as telephone or Internet helplines, to provide advise to callers, even confidentially or with due regard for their anonymity.
Amendment 296 #
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. Member States shall take the necessary measures to inform victims of their rights and the services at their disposal and, unless they do not wish to receive such information, the follow-up given to their complaint, the charges, the general progress of the investigation or proceedings, and their role therein as well as the outcome of their cases.
Amendment 297 #
Proposal for a directive
Article 19 – paragraph 1 b (new)
Article 19 – paragraph 1 b (new)
1b. Member States shall take the necessary measures to ensure that assistance and support are provided to victims before, during and for an appropriate time after criminal proceedings in order to enable them to exercise the rights set forth in Council Framework Decision 2001/220/JHA on the standing of victims in criminal proceedings and in this Directive.
Amendment 298 #
Proposal for a directive
Article 19 – paragraph 1 c (new)
Article 19 – paragraph 1 c (new)
1c. Member States shall take the necessary measures to ensure that criminal investigations and proceedings are carried out in the best interest of the child.
Amendment 299 #
Proposal for a directive
Article 19 – paragraph 1 d (new)
Article 19 – paragraph 1 d (new)
1d. Member States shall take the necessary measures to ensure that investigations are conducted promptly and without unjustified delay.
Amendment 300 #
Proposal for a directive
Article 19 – paragraph 1 e (new)
Article 19 – paragraph 1 e (new)
1e. Member States shall take the necessary measures to ensure that investigations and criminal proceedings do not aggravate the trauma experienced by the child.
Amendment 301 #
Proposal for a directive
Article 19 – paragraph 1 f (new)
Article 19 – paragraph 1 f (new)
1f. Each Member State shall, in the context of investigations and proceedings, apply Articles 13(1) and 13(2) of Framework Decision 2001/220/JHA.
Amendment 321 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall take the necessary measures to obtain the blocking of access by Internet users in their territory to Internet pages containing or disseminating child pornography. The blocking of access shall be subject to adequate safeguards, in particular to ensure that the blocking is limited to what is necessary, that users are informed of the reason for the blocking and that content providers, as far as possible, are informed of the possibility of challenging itensure the removal of webpages containing or disseminating child pornography.
Amendment 335 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Without prejudice to the abovePending the removal, Member States shall take the necessary measures to obtain the removal of internet pages containing or disseminating child pornography. Child abuse images are visual representations of a child being abused. On top of the devastating impact of sexual abuse itself, research indicates there it creates additional distress for the child to have to live with the knowledge that once an image has been uploaded to the internet it may be replicated and downloaded an unlimited number of times. Child abuse images on the internet have increased in prevalence over the last few years and the internet has enabled a shift from small-scale, ‘amateur’, non-profit production of images, to the distribution of images by members of organised crimcomplementary measures to ensure that access to webpages containing or disseminating child pornography are blocked without delay towards the Internet users in their territory. The blocking of access shall be subject to adequate safeguards, in particular to ensure that the blocking, taking into account technical characteristics, is limited to what is necessary, that users are in forder to benefit financially. The images of child abuse on websites should be deleted at source. The speed at which these images are taken down must be substantially improved. Moreovmed of the reason for the blocking and that content providers, where imageas fare housed outside a country’s national jurisdiction, we support the Directive’s measures to oblige internet service providers to block access to them. as possible, are informed of the possibility of challenging it. Or. enJustification