20 Amendments of Sophia IN 'T VELD related to 2010/0064(COD)
Amendment 45 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Sexual abuse of children takes place most frequently in the direct environment of children, during a longer period, by figures of authority, such as parents, relatives, teachers, child minders, or religious leaders. The relationship of dependence between the victim and the perpetrator, strict social or moral conventions with the community, feelings of guilt and fear of retribution or exclusion by the community, make it extremely difficult for young victims to speak out, and sometimes they remain silent far into adulthood. This is an important obstacle to effective prosecution of child abuse. Child abuse therefore often goes unreported or unpunished.
Amendment 48 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Calls upon those signatories to the Convention on the Rights of the Child (Convention) that have not met the reporting obligations of Article 44 of the Convention, most notably Belgium, Cyprus, Greece, the Holy Seat, and Portugal, to submit to the Committee on the Rights of the Child, reports on the measures they have adopted to give effect to the rights recognized in the Convention and on the progress made on the enjoyment of those rights.
Amendment 58 #
Proposal for a directive
Recital 8
Recital 8
(8) Investigating offences and bringing charges in criminal proceedings should be facilitated, to take into account the difficulty for child victims of denouncing abuse and the anonymity of offenders in cyberspace. To ensure successful investigations and prosecutions of the offences referred to in this Directive, effective investigation tools should be made available to those responsible for the investigation and prosecutions of such offences. These tools may include covert operations, interception of communications, covert surveillance including electronic surveillance, monitoring of bank accounts or other financial investigations, but will only be used when full compliance with the principles of necessity and proportionality and judicial overview is ensured.
Amendment 62 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Member States should foster open dialogue and communication with countries outside the EU in order to be able to prosecute perpetrators, under the relevant national legislation, who travel outside EU borders for the purposes of sex tourism.
Amendment 82 #
Proposal for a directive
Recital 13
Recital 13
(13) Child pornography, which constitutes sex abuse images, is a specific type of content which cannot be construed as the expression of an opinion. To combat it, it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible Web. Action is therefore necessary to remove the content at source and apprehend those guilty of making, distributing or downloading child abuse images. The EU, in particular through increased cooperation with third countries and international organisations, should seek to facilitate the effective removal by third country authorities of websites containing child pornography, which are hosted in their territory. However as, despite such efforts, the removal of child pornography content at its source proves to be difficult where the original materials are not located within the EU, mechanisms should also be put in place to block access from the Union's territory to internet pages identified as containing or disseminating child pornography. For that purpose, different mechanisms can be used as appropriate, including facilitating the competent judicial or police authorities to order such blocking, or supporting and stimulating Internet Service Providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such Internet pages. Both wWith a view to the removal and the blocking of child abuse content, cooperation between public authorities should be established and strengthened, particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work. Any such developments must take account of the rights of the end users, adhere to existing legal and judicial procedures and comply with the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. The Safer Internet Programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online.
Amendment 86 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Any possible personal data processed when implementing this Directive should be protected in accordance with all EU privacy and data protection rules.
Amendment 89 #
Proposal for a directive
Recital 15
Recital 15
(15) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably human dignity, the prohibition of torture and inhuman or degrading treatment or punishment, the rights of the child, the right to liberty and security, freedom of expression and information, protection of privacy and personal data, the right to an effective remedy and to a fair trial and the principles of legality and proportionality of criminal offences and penalties. In particular, this Directive seeks to ensure full respect for those rights and has to be implemented accordingly.
Amendment 175 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Knowingly obtaining access, by means of information and communication technology, to child pornography shall be punishable by a maximum term of imprisonment of at least one year.
Amendment 197 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
The proposal, by means of information and communication technology, by an adult to meet a child who has not reached the age of sexual consent under national law, for the purpose of committing any of the offences referred to in Articles 3 (3) and Article 5 (6), where this proposal has been followed by material acts leading to such a meeting, shall be punishable by a maximum term of imprisonment of at least two years.
Amendment 219 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – 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 7 may be temporarily or permanently prevented from exercising activities involving regular contacts with children who are being placed in their care.
Amendment 248 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall take the necessary measures to ensure that effective investigative tools are available to persons, units or services responsible for investigating or prosecuting offences referred to in Articles 3 to 7, allowing the possibility of covert operations at least in those cases where the use of information and communication technology is involved.
Amendment 249 #
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States shall take the necessary measures to enable 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 263 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Member States shall ensure in cases of sexual abuse and sexual exploitation within the context of the family, circle of relatives or friends, school sports, church or other parts of the regular day-to-day environment of the child the necessary measures are undertaken to protect and provide assistance to the child victim, as well as to other family members who where not involved in the offence.
Amendment 312 #
Proposal for a directive
Article 21 – title
Article 21 – title
Amendment 314 #
Proposal for a directive
Article 21 – title
Article 21 – title
Amendment 318 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
Amendment 320 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall take the necessary legal measures to obtain the blocking of access by Internet users in their territory to Iremoval at source of 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 itabuse images.
Amendment 337 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Without prejudice to the above, Member States shall take the necessary measures to obtain the removal of iIn addition, when removal of content at source has proven impossible to achieve, Member States may, where prescribed by law and necessary, set up proportionate and transparent procedures to restrict access by Internet users in their territory to Internet pages containing or disseminating child pornography. abuse images.
Amendment 339 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Without prejudice to the above, Member States shall take the necessary measures to obtain the removal at source of internet pages containing or disseminating child pornography.
Amendment 341 #
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Any measure under paragraphs 1 and 2 shall respect the fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Union law. It shall provide for a prior ruling including the right to an effective and timely judicial review.