Children’s Εxhibition

Full minutes of the meetings.

MEETING OF MONDAY, JUNE 11, 2001

Freedom and rights of citizens.

Karamanou (PSE) , Rapporteur . – Madam President, dear colleagues, I would like to begin by personally congratulating Commissioner Vitorino for taking on this very important legislative initiative, as well as the Swedish Presidency for the support it provided so that the relevant decision could be taken by the Council as soon as possible.

The sexual exploitation of children and child pornography are undoubtedly a disgrace for our modern civilization, and it is unacceptable for criminal networks and users to go unpunished or escape prosecution, taking advantage of the inability to cooperate between countries and the gaps in criminal legislation. It is high time to address horrific cases, such as the Dutroux case in Belgium, where the inadequate legislative framework still does not allow for the establishment of the crime and the conduct of the trial, which has been pending for four years. Therefore, it is of particular importance that the Union takes the initiative to combat this heinous crime and create a common framework that will strengthen judicial and police cooperation among member states and bring criminal networks under the hammer of justice.

The Committee on Liberties and Civil Rights, after thoroughly examining the framework proposal from the Commission, adopted a series of proposals and amendments that enrich and strengthen the original legislative text, such as the definition of child pornography, which has been significantly expanded to include the various forms that the crime of child pornography may take, ensuring that no forms escape prosecution, while also taking into account modern technological developments. Regarding the sexual exploitation of children, given the complex nature of the crime and its international networking, we have included additional criminal behaviors beyond those proposed by the Commission, such as facilitating, buying, selling, and trafficking children within or outside national borders.
Another important element we are adding concerns the attribution of responsibility both to individuals who have custody of the child, such as parents and educators, and to legal entities, including distribution companies and Internet service providers, which must establish protective mechanisms to prevent the use of new technologies as a means of facilitating the exploitation of children.
Regarding offenses related to child pornography, we propose that, in addition to the production, distribution, and dissemination of material, the import, export, trafficking, and advertising of child pornography material should also be criminalized. The criminalization of possessing pornographic material is particularly important, with the implementation of safeguards to ensure that individuals who unknowingly receive such material, for example via electronic or conventional mail, are not prosecuted.

Regarding penalties, the Committee on Liberties accepted the proposal from the Committee on Women’s Rights and Gender Equality for a stricter legal framework for offenses involving children under the age of 16, instead of the 10 years proposed by the Commission, and that the maximum penalty should not be less than 10 years, rather than the 8 years suggested by the Commission. Additionally, we propose as a complementary measure to conviction the detection, seizure, and confiscation of any movable or immovable property derived from the commission of criminal offenses, as well as ensuring that penalties are accompanied by appropriate psychiatric treatment. This is another innovation we propose.

Also, as the Committee on Liberties, we have made significant contributions to procedural issues, such as the extradition of criminals to combat the phenomenon of sexual tourism, and to amending legislation regarding double criminality to prevent offenders from seeking refuge in countries where the criminalization of offenses against children is more lenient.
We also propose victim compensation and a series of measures for the protection of victims during the investigation and trial processes, especially when it concerns children with disabilities. Finally, we propose the establishment of registries for individuals who have committed these offenses, in collaboration with Europol, Interpol, and national police authorities, as well as the involvement of candidate countries in efforts to combat the sexual exploitation of children and child pornography.

Of course, dear colleagues, I believe that promoting legislative measures is not the only solution. Emphasis must be placed on the underlying causes that contribute to the mental and physical abuse and exploitation of children, such as poverty, the lack of structures for the effective protection of children, the inadequacy of control and prevention mechanisms, the weakening of family bonds, and, of course, the existence of a related market, with significant demand and supply, which unfortunately operates within the European Union and tarnishes our European civilization.