Tag Archives: Child protection

Rights of victims of crime

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Rights of victims of crime

Outline of the Community (European Union) legislation about Rights of victims of crime

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Judicial cooperation in criminal matters

Rights of victims of crime (Proposal)

Proposal

Proposal for a Directive of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime [COM(2011) 275 final – Not published in the Official Journal].

Summary

The Commission proposes a Directive aimed at ensuring that victims * of crime have the same level of protection, support and access to justice in all European Union (EU) countries. It will replace Framework Decision 2001/220/JAI on the standing of victims in criminal proceedings and forms part of a series of measures aimed at strengthening victims’ rights.

The Directive will accord the status of victim not only to persons harmed by the offence, but also to certain family members * if the person dies as a result of the offence.

Information and support for victims

To enable them to fully access their rights, victims must receive sufficient information in a comprehensible form. They must also have access to psychological support and practical assistance. The Proposal aims to guarantee:

  • the right to receive information from first contact with a judicial authority, specifically on how to make a complaint of a criminal offence, details of the proceedings and how to obtain protection if required;
  • the right to receive information about their case, in particular on the decision to end or proceed with an investigation, on the time and place of the trial, and, under certain conditions, on the release of the person prosecuted for the offence;
  • the right to understand and to be understood;
  • the right to interpretation and translation: if victims do not speak the language of the criminal proceedings, they shall be provided with interpretation free of charge and shall receive a translation of the complaint made, of any decision ending the proceedings, and of information concerning their rights;
  • the right to access victim support services: these services must be free of charge and also accessible to certain family members. They provide emotional and psychological support, as well as practical assistance, for example concerning financial issues and the role of the victim in criminal proceedings.

Participation of victims in criminal proceedings

Victims have a legitimate interest in seeing that justice is done. Furthermore, they should be able to participate in the criminal proceedings which concern them. To this end, the Commission’s Proposal includes a number of rights which victims should be assured of:

  • the right to have their complaint acknowledged;
  • the right to be heard during the proceedings;
  • the right to request a revision in the event of a decision not to prosecute;
  • rights to safeguards in the event of using mediation and other restorative justice services; the aim is to protect victims from any intimidation or further victimisation during the process. These services can only be used with victims’ consent and after they have been properly informed. Consent may be withdrawn at any time;
  • the right to legal aid and to reimbursement of costs where the victim participates in criminal proceedings;
  • the right to the return of property seized in the course of criminal proceedings;
  • the right to a decision on compensation from the offender in the course of criminal proceedings;
  • concerning victims resident in another EU country, the difficulties connected with these cases should be reduced, specifically by taking a statement from the victim immediately after the complaint of the criminal offence is made and by using video conferencing and telephone conference calls as much as possible for the purpose of interviewing victims. Where victims were unable to make a complaint of a criminal offence in the State where the offence took place, they should be able to do so in their Member State of residence which will then send the complaint to the Member State concerned.

Recognition of vulnerability and protection of victims

The Commission proposes that measures should be available to protect the safety of victims and their family members from possible retaliation or intimidation by the offender. The authorities will therefore ensure that contact with the latter is reduced, particularly in premises where the criminal proceedings are conducted.

During the investigation, victims will be interviewed quickly and only as many times as is necessary. If they wish, they may be accompanied by a legal representative or by a person of their choice. Their private life as well as that of their family must be protected.

The Proposal for a Directive recognises that certain people have a particularly high risk of suffering further during criminal proceedings. After an assessment of their individual needs, these vulnerable victims shall be accorded certain additional rights and services. This Proposal considers children, disabled people and victims of sexual violence or human trafficking to be vulnerable victims.

It is important that justice professionals, police officers and members of the victim support services receive appropriate training so that they are better able to meet the needs of victims.

Key terms of the Act
  • Victim: any natural person who has suffered harm, including physical or mental injury, emotional suffering or economic loss directly caused by a criminal offence; also any family members of a person whose death has been caused by a criminal offence.
  • Family member: the spouse, non-marital cohabitee, registered partner, the relatives in direct line, the brothers and sisters, and the dependants of the victim.

Reference

Proposal Official Journal Procedure

COM(2011) 275

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2011/129/COD

Related Acts

Proposal for a Regulation of the European Parliament and of the Council on mutual recognition of protection measures in civil matters [COM(2011) 276 final – Not published in the Official Journal].
The aim of the proposed Regulation is that any protection measure issued by a Member State will be easily recognised in the rest of the EU without any further formality other than a standardised, multi-lingual certificate.

Co-decision procedure (2011/0130/COD)

Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions of 18 May 2011 – Strengthening victims’ rights in the EU [COM(2011) 274 final – Not published in the Official Journal].

Convention on parental responsibility and protection of children

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Convention on parental responsibility and protection of children

Outline of the Community (European Union) legislation about Convention on parental responsibility and protection of children

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Judicial cooperation in civil matters

Convention on parental responsibility and protection of children

Document or Iniciative

Council Decision 2003/93/EC of 19 December 2002 authorising the Member States, in the interest of the Community, to sign the 1996 Hague Convention on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children.

Summary

The Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children was concluded within the framework of The Hague Conference on Private International Law on 19 October 1996. However, only sovereign states may accede to the convention. By way of exception, the Council therefore authorises the European Union (EU) countries to sign the convention.

Nevertheless, the EU retains exclusive competence for the provisions of the convention that fall within the scope of the regulation on jurisdiction, recognition and enforcement of judgements in matrimonial matters and matters of parental responsibility (the “Brussels II” Regulation). Consequently, EU countries must make a declaration upon signing the convention, whereby EU law continues to be applied to the recognition and enforcement within the Union of judgments given on matters relating to the convention by an EU country.

Scope

The convention contributes to the protection of children at international level. It applies to children up to 18 years of age, aiming to establish:

  • the country having jurisdiction to take measures to protect a child or his/her property;
  • the law applicable for exercising this jurisdiction;
  • the law applicable to parental responsibility;
  • recognition and enforcement of the protection measures in all signatory countries;
  • cooperation between the signatory countries.

The measures aimed at protecting a child relate to:

  • parental responsibility;
  • the rights of custody;
  • guardianship;
  • the representation of the child;
  • the placement of the child in foster or other care;
  • the supervision of the care provided to the child;
  • the management of the child’s property.

Jurisdiction

In general, the country of the child’s habitual residence has jurisdiction to take measures to protect the child or his/her property. For refugee or internationally displaced children or for children whose habitual residence cannot be established, the country in which they are present has jurisdiction.

In a particular case, if another country appears to be better placed for assessing the best interests of the child, it may be allowed to assume jurisdiction. In cases of emergency, the country on whose territory the child or his/her property is present may exercise jurisdiction to take any necessary protection measures.

Applicable law

The country exercising its jurisdiction does so under the rules of its own law. Under exceptional circumstances, it may apply or take into consideration the law of another country that is closely connected to the situation, provided that this is in the best interest of the child. The application of the law designated by the convention can only be refused for public policy reasons, and provided that it is in the best interest of the child.

Recognition and enforcement

The measures a signatory country takes under this convention to protect a child or his/her property must be recognised in all other signatory countries. Only in a limited number of cases, as specified in the convention, may recognition be refused. When protection measures are declared enforceable in another country, that country must enforce the measures as if it had taken them itself and carry out the enforcement in accordance with its own law.

Cooperation

Each signatory country must designate one or more central authorities to carry out the obligations imposed upon it by the convention. These authorities are to cooperate and exchange information with each other, as well as to promote cooperation among their national authorities.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 2003/93/EC

–

1.6.2003

OJ L 48 of 21.2.2003

Related Acts

Council Decision 2008/431/EC of 5 June 2008 authorising certain Member States to ratify, or accede to, in the interests of the European Community, the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children and authorising certain Member States to make a declaration on the application of the relevant internal rules of Community law [Official Journal L 151 of 11.6.2008].
This decision authorises EU countries that have not yet ratified or acceded to the convention to do so. This concerns Belgium, Germany, Ireland, Greece, Spain, France, Italy, Cyprus, Luxembourg, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Finland, Sweden and the United Kingdom. In view of depositing their instruments of ratification or accession simultaneously, these countries are to exchange information with the Commission and Council on the status of the related procedures. This exchange should take place before 5 December 2009, after which the date of the simultaneous deposit (preferably before 5 June 2010) will be established.
This decision also authorises Bulgaria, Cyprus, Latvia, Malta, the Netherlands and Poland to make a declaration aimed at ensuring that EU rules on recognition and enforcement of judgements will continue to apply in the Union.

Protection of video game users

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Protection of video game users

Outline of the Community (European Union) legislation about Protection of video game users

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Audiovisual and media

Protection of video game users

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the protection of consumers, in particular minors, in respect of the use of video games – 22 April 2008 [COM(2008) 207 final – Not published in the Official Journal].

Summary

This Communication examines the methods used to assess the content, classification and labelling of video and computer games in Member States. It follows the Council Resolution of 1 March 2002 on the protection of consumers through the labelling of certain video games and computer games [OJ C65, 14.3.2002].



Video game rating systems


The Pan-European Game Information age rating system (PEGI) is a voluntary, self-regulatory system. It was introduced following consultations with the industry and civil society in order to replace national age rating systems with a single European system.

Most European Union (EU) Member States use PEGI, and some also have specific legislation. However, in 2008, Cyprus, Luxembourg, Romania and Slovenia had no age or content rating systems in place.



Access to video games


Half of the Member States have specific legal provisions, in both civil and criminal law, concerning the sale of video games with content that may be harmful to minors in retail shops. In 2008, Bulgaria, Cyprus, Denmark, Hungary, Luxembourg, Poland, the Czech Republic and Romania had no specific legislation governing these matters.


A Code of Conduct for video game retailers could improve the protection of minors in Europe. Complementary measures such as media literacy campaigns and parental awareness-raising activities may also be necessary.

Some States have officially banned the distribution of certain video games due to their illegal or dangerous nature. The Commission considers that these bans should be limited to cases where there are serious breaches of human dignity.

Access to computer games

In the majority of Member States, online games are subject to general national legislation. Alternatively, the legislation concerning offline video games may be applied by analogy. Some States use the PEGI Online system, which was designed to better protect young people against unsuitable gaming content and to help parents understand the dangers of the Internet.


Because online games are readily accessible on the Internet, certain Member States have taken additional protection measures. This is notably the case in Germany, which has created a Common Agency for Youth Protection on the Internet, in Ireland, where consumers can call a special hotline, and in Latvia, where the distribution of video games is subject to strict conditions.


The Commission is proposing a pan-European dialogue to reinforce the monitoring of this category of video game. In addition, it points out that the fight against cybercrime could be enhanced through public-private cooperation.



Harmonisation of policies


Offline and online video games are subject to different regulations and rating systems. Cross-platform pan-European ratings would promote system transparency and the free movement of products within the European market.


The Commission calls on Member States and stakeholders to:

  • protect minors while ensuring high standards of freedom of expression;
  • integrate the information and classification system put in place for the purposes of the PEGI and PEGI Online initiatives into their national systems;
  • raise awareness of the PEGI and PEGI Online systems, and improve media literacy;
  • develop new age and content verification systems;
  • better assess the positive and negative effects of video games;
  • adopt a Pan-European Code of Conduct on the sale of video games to minors.



Context


In view of the significant growth of the video game market and the increased access to media, in particular the Internet, the European Union is seeking to provide a high level of protection for minors and human dignity. The Insafe network managed by the European Commission aims to inform the general public about the use of new media by children.

Children in EU external action

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Children in EU external action

Outline of the Community (European Union) legislation about Children in EU external action

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Development > Sectoral development policies

Children in EU external action

Document or Iniciative

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 5 February 2008 – A special place for children in EU external action [COM(2008) 55 final – Not published in the Official Journal].

Summary

Children and adolescents account for one third of the world’s population and half the population in most developing countries. Investing in children therefore means investing in the future. Improving the situation of children makes it possible to prevent State fragility and ensure long-term sustainable development, stability and human security at regional, national and global levels.

Children are vulnerable and so must be placed at the centre of the development, humanitarian aid and external relations policies of the European Union (EU).

The challenges relating to this sector of the population include health, education and training, social inclusion, combating crimes such as human trafficking and sexual exploitation, but also combating child labour and recruitment by armed groups. Some children are particularly at risk, especially in situations of humanitarian crisis. Particular attention must be paid to girls, since they are exposed to additional risks, such as various forms of violence, whether domestic or sexual.

Normative framework

The EU is committed to respecting human rights in general and children’s rights in particular under international and European treaties. It adheres to the United Nations Convention on the Rights of the Child, which establishes four general principles that apply to all actions affecting children: non-discrimination, the best interests of the child, the right of the child to survival and development and respect for the views of the child.

The EU also adheres to the Millennium Declaration and the Millennium Development Goals (MDG) and supports the United Nations Plan of Action “A World Fit for Children”.

The protection of children’s rights is also given particular prominence in the EU’s human rights and democratisation policy towards third countries, especially in the context of implementing the EU Guidelines on Children and Armed Conflict and those concerning the Promotion and Protection of the Rights of the Child.

The enlargement process and humanitarian aid are also useful tools to promote children’s rights.

Action by the EU

To respond to the many existing challenges, the EU is establishing a framework for a comprehensive approach towards the protection and promotion of children’s rights in third countries. This approach must be based on a global, universal view of children’s rights. It must also be included in wider development and poverty eradication strategies.

The EU plans to rely on a variety of measures to ensure coordination of its external action, such as:

  • development cooperation, so as to address the root causes of poverty;
  • trade policy, which must be consistent with the protection and promotion of children’s rights. In bilateral agreements, the issue of children’s rights is covered by labour standards;
  • political dialogue between the EU and the partner countries, which allows emphasis to be placed on the commitments under the Convention on the Rights of the Child;
  • regional and global actions which supplement the country-level actions and address issues of a supra-national character;
  • empowerment of children and adolescents to play a more active role in matters that affect them directly;
  • humanitarian aid, as children are particularly adversely affected by difficult situations resulting from natural disasters or conflicts. Humanitarian aid will focus in particular on separated and unaccompanied children, children associated with armed forces or armed groups and children’s education in emergencies.

Background

This Communication follows the 2006 Communication, which proposes the definition of a long-term strategy for the EU in the field of children’s rights. It supplements the EU Guidelines for the Promotion and Protection of the Rights of the Child, adopted by the Council on 10 December 2007, which forms the basis for the EU action in the field of the protection and promotion of children’s rights under its external policy.

Key terms used in the act
  • Children not attending school: 72 million, 57 % of whom are girls.
  • Children involved in child labour: 110 million.
  • Over 50 % of all mothers giving birth are not assisted by a trained midwife.
  • Over 3 million children die from complications that arise during or immediately after delivery.
  • Over 300 000 children annually are born HIV positive.
  • 10 million children die every year from preventable causes before reaching the age of five.

Agenda for the Rights of the Child

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Agenda for the Rights of the Child

Outline of the Community (European Union) legislation about Agenda for the Rights of the Child

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Human rights > Human rights in non-EU countries

Agenda for the Rights of the Child

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 15 February 2011 – An EU Agenda for the Rights of the Child [COM(2011) 60 final – Not published in the Official Journal].

Summary

The Treaty of Lisbon makes the promotion and protection of the rights of the child one of the objectives of the European Union (EU). These rights form part of the Charter of Fundamental Rights of the EU which encourages public authorities and private institutions to ensure that respect for the best interests of the child is treated as a key element when defining and implementing measures concerning children. In addition, all Member States have signed the United Nations Convention on the Rights of the Child (UNCRC).

The Commission Agenda for the Rights of the Child aims at ensuring that all EU policies having repercussions on children respect their rights. It defines the principles and objectives of the EU in this field and presents eleven actions that Commission will undertake in the coming years.

General principles

In accordance with the strategy for the effective implementation of the Charter of Fundamental Rights by the EU, the Commission must ensure respect for fundamental rights, and therefore the rights of the child, throughout the legislative procedure and during implementation of legislation.

The Commission also undertakes to work with the competent organisations in order to produce reliable, comparable and official data which will enable evidence-based policies on the rights of the child to be developed and implemented.

Lastly, the European executive undertakes to pursue and to strengthen its cooperation with stakeholders and to foster the exchange of good practices with and between the national authorities responsible for the protection and promotion of the rights of the child.

Aims

  • Adapting justice to children: whether they are victims, witnesses to crimes, suspects, asylum seekers or whether their parents are divorcing, children may be confronted with the judicial system for a number of reasons. The Union must give them access to justice taking into account their specific needs and their vulnerability;
  • Protecting the most vulnerable children: EU action must prioritise targeting those categories of children that are particularly vulnerable, such as children at risk of poverty and social exclusion, disabled children, children seeking asylum, Roma children and missing children. At another level, young Internet users are also vulnerable since they may be exposed to harmful content or become victims of cyber-bullying;
  • Promoting and protecting the rights of the child in the EU’s external action: the Union wishes to prioritise the promotion and protection of the rights of the child in its relations with third countries. It will focus on combating violence against children, child labour, the involvement of children in armed groups, and sexual tourism, through bilateral and multilateral cooperation, trade instruments and humanitarian aid;
  • Raising children’s awareness: Eurobarometer surveys show that 76 % of children interviewed are not aware that they have rights and 79 % do not know who to contact in case of need. The Union wishes to better inform children concerning their rights in order that they may participate in decisions concerning them.

Actions

The EU proposes eleven actions aimed at promoting and protecting the rights of the child, namely:

  • adopting a proposal for a directive aimed at strengthening the protection of vulnerable victims, particularly children;
  • submitting a proposal for a directive laying down specific guarantees for vulnerable suspects, particularly children;
  • reviewing legislation which facilitates the recognition and enforcement of decisions on parental responsibility;
  • promoting the Council of Europe guidelines on child-friendly justice and taking them into account when drafting civil and criminal legislation;
  • supporting the training of judges and other professionals in order to foster optimal participation of children in judicial systems;
  • improving the training of the authorities that deal with unaccompanied minors from third countries when they arrive on EU territory;
  • paying particular attention to children in measures that Member States may take to foster the integration of Roma;
  • encouraging the rapid introduction of the European hotline for missing children (116 000) and the introduction of “abduction alert” systems;
  • adopting measures as part of the EU Safer Internet programme against bullying, grooming, exposure to harmful content, and the other risks run by young Internet users;
  • implementing the EU guidelines for the promotion and protection of the rights of the child in its relations with third countries as well as its guidelines on children and armed conflict;
  • creating a single entry point for children on the Europa website enabling them to access information on the Union and their rights.

Related Acts

Communication from the Commission of 4 July 2006 – Towards an EU strategy on the rights of the child [COM(2006) 367 final – Not published in the Official Journal].

Protecting children in the digital world

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Protecting children in the digital world

Outline of the Community (European Union) legislation about Protecting children in the digital world

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Information society > Internet Online activities and ICT standards

Protecting children in the digital world

Document or Iniciative

Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 13 September 2011 on the application of the Council Recommendation of 24 September 1998 concerning the protection of minors and human dignity and of the Recommendation of the European Parliament and of the Council of 20 December 2006 on the protection of minors and human dignity and on the right of reply in relation to the competitiveness of the European audiovisual and online information services industry – Protecting children in the digital world [COM(2011) 556 final – Not published in the Official Journal].

Summary

This report outlines the measures put in place by Member States to protect children in online activities. It follows on from the 2006 Recommendation on protection of minors in audiovisual and information services, and the 1998 Recommendation on protection of minors and human dignity.

Illegal or harmful content

The report provides an overview of the initiatives taken by Member States aimed at combating discriminatory, illegal or harmful content online. It mainly concerns commitments and codes of conduct. For example, these provide for an appropriate label to be displayed on internet sites.

However, the level of protection assured by this type of initiative still varies from one Member State to another. Existing measures should be constantly monitored in order to ensure their effectiveness.

Furthermore, illegal or harmful content generally comes from other EU Member States or third countries. A coordinated approach at European and then international level would harmonise protection against this type of content.

Hotlines

The Digital Agenda for Europe provides for the installation of hotlines by 2013, enabling the reporting of offensive or harmful online content. These hotlines should benefit from co-financing from the Safer Internet programme. Furthermore, the Association of Internet Hotlines (INHOPE) is an effective cooperation tool for Member States and third countries. Notice and take-down procedures have also been put in place for internet service providers (ISPs) to take down any illegal content reported by a person using the hotline.

However, the Commission requests that Member States monitor their hotlines more closely. They are still not sufficiently known about by, and accessible to, Internet users and children.

Internet Service Providers (ISPs)

ISPs are requested to become more active in the protection of minors. The application of codes of conduct should be more widespread and closely monitored. ISP associations are encouraged to include the protection of minors in their actions and to ensure that their members are committed to this end. Moreover, greater involvement of consumers and authorities in the development of codes of conduct would help to ensure that self-regulation truly responds to the rapidly evolving digital world.

ISPs are encouraged to extend the application of the codes of conduct and to include the protection of minors in their mandates.

Social networking sites

Social networking sites have profoundly changed the behaviour of minors in the way that they interact and communicate with each other. These networking sites present many risks such as illegal content, age-inappropriate content, inappropriate contact and inappropriate conduct.

One of the ways detailed in the report for countering these risks may be the development of guidelines for providers of social networking sites. The Commission intends to increase the number of reporting points and to establish a well functioning back office infrastructure to be deployed on social networks.

Media literacy and awareness-raising

Member States are committed to increasing media literacy. There are several initiatives in this area, such as public-private partnerships and the EU kids onlineproject. However, although the integration of media literacy in schools has demonstrated positive results, universal coverage of all children and parents and consistency across schools and Member States remain significant challenges.

Access restrictions to content

Limiting minors’ access to content involves establishing age rating and classification of content. There are currently classification systems for audiovisual content in place which are considered to be sufficient and effective by some Member States, while others deem they should be improved.

Technical systems such as filtering, age verification systems and parental control systems can be useful, but they cannot guarantee complete restriction of access to content by minors. Subscribers are increasingly better informed about the existence of filtering and verification systems, and age verification software. However, Member States remain divided on the use, relevance (with regard to right to information and risk of censorship), technical feasibility and reliability of technical systems. Moreover, they highlight the need for transparency as regards the inclusion of certain content in a ‘black list’ and the possibility of its removal.

While most Member States see scope for improving age rating and classification systems, there is as yet no consensus on a pan-European classification system for media content. This report encourages reflection upon innovative rating and classification systems in the sector of information and communication technologies (ICT).

Audiovisual Media Services

The Commission notes that on-demand television services are lagging behind with regard to co/self regulation services aimed at protecting minors from harmful content and concerning the technical means for offering children selected access to content on the Internet. Age classifications and transmission time restrictions should be highlighted for these types of audiovisual media services.

Video games

With the exception of Germany, all Member States use the Pan European Games Information System (PEGI) concerning the protection of minors as regards video games. This report considers it appropriate to increase the number of awareness-raising measures with the aim of prevention, particularly in schools. Moreover, progress is still needed to ensure compliance with age classifications in the sale of video games and to extend the application of systems such as PEGI to online games.

Combating the sexual abuse and sexual exploitation of children and child pornography

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Combating the sexual abuse and sexual exploitation of children and child pornography

Outline of the Community (European Union) legislation about Combating the sexual abuse and sexual exploitation of children and child pornography

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Fight against trafficking in human beings

Combating the sexual abuse and sexual exploitation of children and child pornography

Document or Iniciative

Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating sexual abuse and sexual exploitation of children, and child pornography, replacing the Council Framework- Decision 2004/68/JHA.

Summary

This Directive harmonises throughout the European Union (EU) criminal offences relating to sexual abuse committed against children, the sexual exploitation of children and child pornography. It also lays down the minimum sanctions. The new rules also include provisions aimed at combating child pornography on-line and sex tourism. Furthermore, it aims to prevent paedophiles already convicted of an offence from exercising professional activities involving regular contact with children.

Offences and sanctions

Some twenty criminal offences are identified by the Directive divided into four categories:

  • sexual abuse, such as engaging in sexual activities with a child who has not reached the age of sexual consent or forcing them to submit to such activities with another person;
  • sexual exploitation, such as, for example, coercing a child to engage in prostitution or to participate in pornographic performances;
  • child pornography: , possessing, accessing, distributing, supplying or producing child pornography;
  • the solicitation of children on-line for sexual purposes: , proposing, via the Internet, to meet a child for the purpose of committing sexual abuse and, through the same means, soliciting the child to provide pornographic material of themselves.

At national level, the maximum terms of imprisonment must, at the least, meet certain thresholds ranging from one to ten years depending on the seriousness of the offence and depending on whether or not the child has reached the age of sexual consent. Incitement to commit an offence is also punishable.

A legal person may be held liable and sanctioned if the offence is committed for their benefit by a person who has decision-making powers. .

Several aggravating circumstances are provided for, specifically when the offence is committed against a particularly vulnerable child, or by a member of the child’s family, or where a person has abused a position of trust or authority, or also where the offender has previously been convicted of offences of the same nature

With regard to consensual sexual activities, the Directive leaves it to the discretion of Member States to decide whether or not certain practices are punishable where they involve persons who are close in age and in their degree of psychological and physical development or maturity, and which may be regarded as the normal discovery of sexuality.

Professional activities involving contact with children

In order to avoid any risk of recidivism, a person convicted for one of the offences defined by this Directive must be prevented from exercising employment involving direct and regular contact with children.. The employers concerned must be able to request information on the existence of a conviction or a disqualification from exercising this type of employment. This information must also be sent to other Member States in order to prevent a paedophile from taking advantage of the free movement of workers within the EU by working with children in another country.

Sex tourism

The organisation of trips aimed at committing acts of sexual abuse, sexual exploitation of children, and also child pornography, must also be banned. As these crimes often go unpunished in the countries where they took place, this Directive provides that Member States can try their citizens for offences of this type committed abroad.

Furthermore, along with their competency when an offence is committed on their territory or by one of their nationals, Member States may also extend their competency to offences committed abroad when the offender of the crime regularly resides in their territory, or if the offence has been committed on behalf of a legal person established in their territory, and also when the victim is one of their citizens.

Child pornography on the Internet

Member States must also ensure that child pornography sites hosted within their territory are promptly removed and must strive to remove those hosted abroad. Furthermore, under certain conditions regarding transparency and Internet user information, they have the possibility to block access to these sites in their territory.

Investigations, prosecutions and competencies

Investigations and prosecutions concerning offences must not solely depend on a report or accusation being made by the victim, and criminal proceedings must be able to continue even if that person has withdrawn his or her statement.. Furthermore, for the most serious offences, prosecutions must be possible for a sufficient period of time after the victim has reached the age of majority.

Assistance, support and protection for victims

In accordance with the provisions provided for by the Directive on the standing of victims in criminal proceedings, assistance and support must be provided to victims before, during and after criminal proceedings.. Child victims of sexual abuse, sexual exploitation or child pornography are considered as particularly vulnerable victims and must be treated in a manner which is most appropriate to their situation.

Specific protective measures will be taken, in particular, when the offender is a member of the child’s family. In addition, young victims must have, without delay, access to free-of-charge legal advice and representation, if required. Furthermore, the assistance and support provided must not depend on their willingness to cooperate in the investigation or the legal proceedings.

Prevention

Specific programmes aimed at reducing the risks of recidivism must be proposed to persons convicted or prosecuted for sexual offences against children. These persons must also be assessed to determine the danger they pose and the risks of recidivism.

Context

This Directive replaces Framework-Decision 2004/68/JHA. Given that some victims of human trafficking are also child victims of sexual abuse or sexual exploitation, this Directive also supplements the Directive on preventing and combating trafficking in human beings.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2011/93/EU

17.12.2011

18.12.2013

OJ L 335 of 17.12.2011

Safer Internet programme 2009-13

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Safer Internet programme 2009-13

Outline of the Community (European Union) legislation about Safer Internet programme 2009-13

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Information society > Internet Online activities and ICT standards

Safer Internet programme 2009-13

Document or Iniciative

Decision 1351/2008/EC of the European Parliament and of the Council of 16 December 2008 establishing a multiannual Community programme on protecting children using the Internet and other communication technologies.

Summary

The “Safer Internet” Community programme is hereby established for the period 2009-13. It pursues the objectives of the “Safer Internet Plus” programme launched in 2005.

The programme aims to improve the safety of children in the online environment and focuses on two objectives:

  • to increase the knowledge of the use of new technologies by children;
  • to identify and combat the risks to which they are exposed.

The programme is aimed not only at illegal and harmful content, but also at harmful conduct.

Actions

The programme is implemented through the following four courses of action:

  • raising public awareness. Actions to raise awareness are particularly aimed at children, their parents and teachers. It is a matter of improving the distribution of sufficient information to the largest number of users regarding the risks and ways to prevent them. These actions comprise the development and dissemination of cost-effective awareness-raising tools and points of contact enabling people to obtain advice on these issues;
  • combating illegal content and harmful conduct. These activities aim to reduce the volume of illegal content online and to tackle the distribution of child sexual abuse material, online bullying and grooming. The programme provides for publicly accessible contact points on a European scale to effectively report this type of abuse. It also aims to tackle harmful conduct by dealing with the psychological and sociological aspects, whilst favouring the application of technical solutions. Furthermore, the programme promotes cooperation at national, European and international level, encouraging relevant stakeholders to share information and best practices;
  • promoting a safer online environment. These activities aim to encourage self- and co-regulatory initiatives amongst stakeholders. They are designed to encourage the participation of children to shape a safer online environment;
  • establishing a knowledge base. This knowledge base will be made up of the known and emerging use of the online environment by children and of the risks and consequences inherent in such use. This knowledge base will be set up in cooperation with specialists in the area of online safety of children at European level.

Implementation

The following legal entities may take part in the programme:

  • European Union (EU) Member States;
  • European Free Trade Association countries that are party to the European Economic Area Agreement;
  • accession and candidate countries to the EU as well as countries of the western Balkans and the European neighbourhood in accordance with the agreements governing their participation in Community programmes;
  • any third country that is party to an international agreement with the Community.

The Commission has responsibility for the overall implementation of the programme and for the preparation of the annual work programmes, for which it is assisted by a management committee.

The programme has been allocated an overall budget of 55 million euros for the period 2009-13.

Background

The “Safer Internet” programme is consistent with and complements other policies, programmes and Community actions, particularly the ” A European information society for growth and employment” initiative, the Community programmes for technological research and development and the Daphne III programme.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Decision No 1351/2008/EC

24.12.2008 – 31.12.2013

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OJ L 348 of 24.12.2008

Television broadcasting activities: Television without Frontiers Directive

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Television broadcasting activities: Television without Frontiers Directive

Outline of the Community (European Union) legislation about Television broadcasting activities: Television without Frontiers Directive

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Audiovisual and media

Television broadcasting activities: Television without Frontiers (TVWF) Directive

Last updated: 09.09.2008