29.5.2010   

EN

Official Journal of the European Union

C 141/50

—

shares the view that the sexual abuse and sexual exploitation of children, including child pornography, viewed in the context of trafficking in persons with other linked forms of exploitation such as begging, involvement in petty crime networks or removal of organs constitute serious violations of human rights and, in particular, of human dignity and the rights of the child and require an uncompromising joint approach by the EU.

—

is aware that pornographic images of child sex abuse, and other forms of child sexual exploitation are increasing and spreading through the use of new technologies and that measures to counter this have not been rapid or effective enough. For this reason an appropriate response must be mounted at all levels, including the education and development of skills for relevant agency staff at local and regional level, to aid in the detection and prevention of these activities.

—

agrees that penalties should be effective, dissuasive, and proportionate to the gravity of the crime, also with a view to making investigation and prosecution more effective, and improving international law enforcement and judicial cooperation.

—

endorses the view that serious criminal offences such as the sexual exploitation of children and child pornography and other forms of exploitation linked to trafficking require a comprehensive approach covering the prosecution of offenders, the protection of child victims, and prevention and monitoring of the phenomenon including public awareness and educational measures.

—

recalls that trafficking in human beings is both a global issue, and a local problem; therefore, it is imperative that local authorities are at the forefront of this fight. Law enforcement and prosecution policies can only be effective if there is an extensive partnership working involving all levels of government, employers’ organizations, the private sector, trade unions and NGOs.

Rapporteur

:

Mr Ján Oravec (SK/EPP), Mayor of Štúrovo

1.

shares the view that the sexual abuse and sexual exploitation of children, including child pornography, viewed in the context of trafficking in persons with other linked forms of exploitation such as begging, involvement in petty crime networks or removal of organs constitute serious violations of human rights and, in particular, of human dignity (Article 1 of the Charter of Fundamental Rights) and the rights of the child (Article 24 of the Charter of Fundamental Rights and the 1989 New York Convention on the Rights of the Child) and require an uncompromising joint approach by the EU.

2.

reiterates that local and regional levels being closest to citizens may be the first contact point for victims of sexual abuse. Improved allocation of resources will assist a more comprehensive policy involvement, alongside strategies to combat this phenomenon

3.

is aware that pornographic images of child sex abuse, and other forms of child sexual exploitation are increasing and spreading through the use of new technologies and that measures to counter this have not been rapid or effective enough. For this reason an appropriate response must be mounted at all levels, including the education and development of skills for relevant agency staff at local and regional level, to aid in the detection and prevention of these activities.

4.

Council Framework Decision 2004/68/JHA on combating the sexual exploitation of children and child pornography, which have a large crossborder dimension, approximates Member States’ legislation to criminalise the most serious forms of child sexual abuse and sexual exploitation, to extend domestic jurisdiction, and to provide for a minimum level of assistance for victims – after, as well as before, the verdict has been handed down.

5.

is of the opinion that the UN Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography and, in particular, the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse are crucial steps in the process of enhancing international cooperation in this field. Therefore urges Member States to take more active measures to ratify the Council of Europe Convention.

6.

endorses the view that serious criminal offences such as the sexual exploitation of children and child pornography and other forms of exploitation linked to trafficking require a comprehensive approach covering the prosecution of offenders, the protection of child victims, and prevention and monitoring of the phenomenon including public awareness and educational measures. Any measure to combat these offences should be carried out in the best interests of and respecting the rights of the child. Framework Decision 2004/68/JHA needs to be replaced by a new instrument which provides a comprehensive legal framework to achieve that purpose and protects children in all the Member States from criminals from all the Member States.

7.

endorses the view that serious forms of child sexual abuse and sexual exploitation should be subject to effective, proportionate and dissuasive sanctions. This includes, in particular, new forms of sexual abuse and sexual exploitation facilitated by the use of information technologies. The definition of child pornography should also be clarified and brought closer to that contained in international instruments. Rules of procedure must also be harmonised to ensure that criminals are treated in the same way and, above all, to prevent needless delays that may dilute the rehabilitation dimension of punishment.

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. A clear mandate to investigate, with clearly defined material and territorial jurisdiction, needs to be established.

9.

points out that if local police forces, which are the most familiar with their local area and environment and which can play a key role in the detection of such offences, are to become actively involved in combating such abuse, they must be given access to databases, be specially trained in detecting this type of crime and be granted the necessary powers.

10.

agrees that rules on jurisdiction should be amended to ensure that child sexual abusers or exploiters from the European Union face prosecution even if they commit their crimes outside the European Union, in particular via so-called sex tourism. However, the EU must also exercise its political and economic influence to bring about a similar legal environment in non-EU countries.

11.

agrees that child victims should have easy access to legal remedies and should not suffer for participating in criminal proceedings. The various technologies available for recording the testimony of victims should therefore be used as a matter of course, especially in the case of children. This will lessen the need for repeated questioning or direct contact between victims and perpetrators.

12.

recognises that, in order to prevent and minimise recidivism, offenders must always be subject to an assessment of the danger they pose and the possible risks of repetition of sexual offences against children, and should also have access to effective intervention programmes or measures on a voluntary basis, in which local authorities should also be actively involved.

13.

proposes that, where the danger posed by the offenders and the possible risks of repetition of the offences make it appropriate, convicted offenders should be temporarily or permanently prevented from exercising activities involving regular contacts with children, where appropriate. Implementation of such prohibitions throughout the EU should be facilitated and local and regional authorities effectively involved in the process.

14.

To combat child pornography, especially where the original materials are not located within the EU, mechanisms should be put in place to block access from the Union’s territory to internet pages identified as containing or disseminating child pornography.

15.

In accordance with the principles of subsidiarity and proportionality, this Framework Decision confines itself to the minimum required in order to achieve those objectives at European level and does not go beyond what is necessary for that purpose.

16.

notes that this Framework Decision respects fundamental rights and observes the principles recognised 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 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 Framework Decision seeks to ensure full respect for those rights. This Framework Decision does not intend to govern consensual sexual activities between minors.

17.

recalls that trafficking in human beings is both a global issue, and a local problem; therefore, it is imperative that local authorities are at the forefront of this fight. Law enforcement and prosecution policies can only be effective if there is an extensive partnership working involving all levels of government, employers’ organizations, the private sector, trade unions and NGOs.

18.

agrees that trafficking in human beings is a serious crime, often committed in the framework of organised crime, and a gross violation of human rights. It therefore supports a holistic, united and uncompromising approach to this phenomenon by the EU, considering this to be one of its priority tasks.

19.

supports the European Union's commitment to the prevention of and fight against trafficking in human beings, and to the protection of the rights of trafficked persons. For this purpose, Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings, and an EU Plan on best practices, standards and procedures for combating and preventing trafficking in human beings (2005/C 311/01) were adopted.

20.

welcomes the fact that this Framework Decision adopts an integrated and holistic approach to the fight against trafficking in human beings. More rigorous prevention and prosecution, and protection of victims' rights, are major objectives of this Framework Decision. Children, because of their age can find themselves in precarious situations, are more vulnerable and therefore at greater risk of falling victim to trafficking in human beings. All the provisions of this Framework Decision should be applied in the light of the best interests of the child, in accordance with the 1989 United Nations Convention on the Rights of the Child.

21.

is aware that the 2000 United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime and the 2005 Council of Europe Convention on Action against Trafficking in Human Beings are crucial steps in the process of enhancing international cooperation against trafficking in human beings. In order to enhance the process of approximation of legislation, this Framework Decision adopts the broad definition of the crime included in the above mentioned UN and CoE instruments. The definition covers the different types of victim – not only women, but also children and men, together with the various forms of exploitation – not only sexual but also labour-related, begging and involvement in petty juvenile crime networks, as well as trafficking in human beings for the purpose of the removal of organs, which can be linked with organ trafficking and constitute serious violations of human dignity and physical integrity.

22.

agrees that penalties should be effective, dissuasive, and proportionate to the gravity of the crime, also with a view to making investigation and prosecution more effective, and improving international law enforcement and judicial cooperation. Aggravating circumstances should take into account the need to protect particularly victims in vulnerable situations including all child victims and adults who are vulnerable because of personal circumstances, or physical or psychological consequences of the crime; in any case, cooperation is as necessary between all bodies working to protect minors and defend human rights as efficient enforcement by prosecution authorities and the effective administration of justice.

23.

endorses the view that victims should be protected from prosecution and punishment, following a decision of the competent authority, for unlawful activities they have been involved in as a direct consequence of being subjected to any of the illicit means used by traffickers, such as violations of immigration laws, the use of false documents or offences envisaged by prostitution laws. However, the circumstances should be judged consistently and with sensitivity. An additional aim of such protection is to encourage them to act as witnesses in criminal proceedings.

24.

while the Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings (2001/220/JHA) establishes a set of victims' rights in criminal proceedings including the right to protection and compensation, victims of trafficking in human beings are equally in a vulnerable situation and therefore specific measures are necessary with regard to them. Such victims, who bear the consequences of the criminal activities related to trafficking in human beings, including the removal of organs, should be protected from intimidation and from secondary victimisation, that is to say further victimisation or trauma deriving from the way the criminal procedure is carried out. Moreover, specific means to ensure effective protection and compensation should be established.

25.

believes that victims need to be able to exercise their rights effectively. Therefore appropriate assistance – in some cases, universally mandatory – should be available to victims before, during and after criminal proceedings. This Framework Decision establishes an obligation upon Member States to provide any victim with assistance, which should be sufficient to enable them to recover and for their protection.

26.

is convinced that the trafficking in human beings involves huge sums of money and the accumulation of wealth by criminals involved in this illegal activity and encourages member states to use the confiscated assets from criminals, to fund additional therapeutic and integration services for these children.

27.

While Directive 2004/81/EC provides for the issue of a resident permit to victims of trafficking in human beings who are third country nationals, and Directive 2004/38/EC regulates the exercise of the right to move and reside freely in the territory of Member States by citizens of the Union and their families, including protection from expulsion, this Framework Decision establishes specific protective measures for any victim of trafficking in human beings and does not deal with the conditions of their residence in the territory of Member States or any other issue falling within the Community competence.

28.

takes the view that in addition to measures available to adults, each Member State should ensure that specific protective measures are available to child victims.

29.

welcomes the initiative that each Member State should establish and/or strengthen policies to prevent trafficking in human beings, including measures to discourage the demand that fosters all forms of exploitation, by means of research, information, awareness raising education Europe-wide media campaigns to promote a holistic definition of trafficking and combat ‘secondary victimisation’. In such initiatives each Member State should adopt a gender perspective and a child-rights approach.

30.

[Directive 2009/…/EC of the European Parliament and of the Council of … providing for minimum standards on sanctions against employers of illegally staying third-country nationals] provides for penalties for employers of illegally staying third-country nationals who, while not having been charged with or convicted of trafficking in human beings, use work or services exacted from a person with the knowledge that she/he is a victim of such trafficking. In addition to that, Member States should take into consideration the possibility of imposing sanctions on the users of any service exacted from a victim, with the knowledge that she/he has been trafficked.

31.

agrees with the proposal under which national monitoring systems such as National Rapporteurs or equivalent mechanisms should be established in order to collect data and carry out assessments on trends in human trafficking, measure the results of anti-trafficking policy, and give advice to governments and parliaments on the development of action against trafficking in human beings.

32.

points out the need to also tackle the reasons why organised groups are able to traffic in humans. These reasons are mainly despair and the often unsustainable economic and social situation in the countries of origin. Many victims are literally thrust into the hands of organised groups by the prospect of a chance of improving their situation. The groups then exploit their victims for illegal work, prostitution, begging, organ harvesting or other illegal activity.

33.

draws attention to the fact that the detection of this type of criminal activity and its origins, as well as criminal surveillance, can be greatly facilitated by local police forces, which have a detailed knowledge of their local area and environment. They must, however, be given access to databases, be specially trained in detecting this type of crime and be granted the necessary powers.

34.

strongly supports the European Union's measures to prevent illegal immigration, since illegal immigrants are in effect potential victims of human trafficking.

35.

recognises that since the objective of this Framework Decision, namely to fight against trafficking in human beings, cannot be sufficiently achieved by the Member States alone and can therefore, by reasons of the scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as referred to Article 2 of the Treaty on European Union and as set out in Article 5 of the Treaty establishing the European Community. In accordance with the principle of proportionality, as set out in the latter Article, this Framework Decision does not go beyond what is necessary to achieve that objective.

36.

notes that this Framework Decision respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably human dignity, prohibition of slavery, forced labour and trafficking in human beings, 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 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.

37.

recognises that trafficked individuals are invariably traumatised and stigmatised by their experiences, and, that local and regional authorities often bear the responsibility for rehabilitation and re-settlement services. This role should be recognised and appropriate resources made available to aid the process.