23 Amendments of Sonia ALFANO related to 2010/0064(COD)
Amendment 94 #
Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
Article 2 – paragraph 1 – point b – introductory part
(b) "child pornographyabuse images" shall mean
Amendment 104 #
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
Amendment 207 #
Proposal for a directive
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) the organisation of travel and/or other arrangements with the purpose of committing any of the offences referred to in Articles 3 to 6.
Amendment 208 #
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 231 #
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 233 #
Proposal for a directive
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
Amendment 242 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall provide for the possibility of not prosecutingnot prosecute child victims 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 245 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. 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 investigations 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 252 #
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. It is important that Member States provide the necessary financial and human resources to ensure that the units, once established, become fully operational and effective.Or. enJustification
Amendment 262 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Member States shall ensure that the rights of victims are fully realised through: a) informing child 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; b) ensuring, at least in cases where the victims and their families might be in danger, that they may be informed, if necessary, when the person prosecuted or convicted is released temporarily or definitively; c) protecting the privacy of child victims, their identity and their image and by taking measures in accordance with internal law to prevent the public dissemination of any information that could lead to their identification; d) providing for their safety, as well as that of their families and witnesses on their behalf, from intimidation, retaliation and repeat victimisation; e) ensuring that contact between victims and perpetrators within court and law enforcement agency premises is avoided, unless the competent authorities establish otherwise in the best interests of the child or when the investigations or proceedings require such contact.
Amendment 272 #
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 273 #
Proposal for a directive
Article 18 – paragraph 1 b (new)
Article 18 – paragraph 1 b (new)
Amendment 278 #
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
Amendment 280 #
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. Solid national child protection and child friendly judicial systems constitute the very found, regardless of whether a criminal investigation ofr protecting children against the crimes governed by the Directive Proposal. That Directive Proposal should be amended to ensure that child protection systems and multi- disciplinary systems are put in place in each Member State.ceedings have been instituted. Or. enJustification
Amendment 284 #
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 advice to callers, even confidentially or with due regard for their anonymity.
Amendment 286 #
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 287 #
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 288 #
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 289 #
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 290 #
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 291 #
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 317 #
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 abuse images.
Amendment 334 #
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 necesscomplementary measures to obtain the removal of internet ensure that access to webpages 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 massively 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 crimabuse images are blocked 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. 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