On the proposal for a directive of the European Parliament and of the Council on combating the sexual abuse and sexual exploitation of children and child sexual abuse material and replacing Council Framework Decision 2004/68/JHA (recast)
FEMM-PA-766976
Committee on Women's Rights and Gender Equality · Rapporteur: Heléne Fritzon
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This draft opinion proposes amendments to the proposed directive on combating child sexual abuse, emphasizing a gender perspective, consent, and support for victims.¶¶¶ It calls for recognizing child sexual abuse as gender-based violence, integrating gender-sensitive approaches in prevention, support, and training, and establishing an EU Centre with a Children's Rights and Survivors Advisory Board.¶ Amendments extend limitation periods, clarify consent, add aggravating circumstances, and require gender-disaggregated data collection.¶¶¶
Committee position. The Committee on Women's Rights and Gender Equality proposes amendments to the directive to integrate a gender perspective, strengthen consent provisions, extend limitation periods, and enhance victim support.¶¶¶
Key points
- Recognizes that child sexual abuse disproportionately affects girls and is a form of gender-based violence, requiring gender-specific approaches.¶¶¶
- Defines consent of a child above the age of sexual consent as freely given, specific, informed, and unambiguous, and clarifies that silence or non-resistance does not imply consent.¶¶¶
- Adds aggravating circumstances: offence committed in presence of another child, intent to preserve honour, and discrimination on grounds including gender and sexual orientation.¶¶¶
- Extends limitation periods for prosecution and compensation to at least 30, 35, and 40 years from the victim reaching majority for offences with maximum penalties of at least 3, 5, and 8 years respectively.¶¶¶
- Requires reporting procedures and victim support to be gender- and trauma-sensitive, and not conditional on parental consent.¶¶
- Mandates awareness campaigns on consent and non-consensual sex, and training for professionals with gender sensitivity.¶¶¶
- Calls for systematic collection of gender-disaggregated data on incidents and aggravating circumstances.¶
- Endorses the EU Centre and proposes a Children's Rights and Survivors Advisory Board to provide expertise.¶¶
- Urges multidisciplinary structures integrating expertise from various fields, considering gender and age of child users.¶
- Extends criminal liability for causing a child to witness sexual abuse to at least one year imprisonment if the child is over the age of consent.¶
Who is affected
- Member states: must implement longer limitation periods, gender-sensitive procedures, and data collection.¶¶¶
- Child victims and survivors: receive gender- and trauma-sensitive support and reporting procedures.¶¶
- EU Centre: to include a Children's Rights and Survivors Advisory Board and collaborate with support services.¶
- Professionals (police, judges, educators): must undergo gender-sensitive training.¶¶