Legal Framework

Question 1

What is the EU directive 2011 regarding combating the sexual abuse and sexual exploitation ?

Answer 1

Binding directive that the EU members have to follow, Unlike regulations, which are directly applicable in all member states, directives don’t dictate the exact way member states achieve the goal.

Question 2

What is in article 2 of the EU directive?

Answer 2

Article 2 Definitions of
(a) ‘child’
(b) ‘age of sexual consent’
(c) ‘child pornography’ means:
(d) ‘child prostitution’
(e) ‘pornographic performance’
(f) ‘legal person’

Question 3

Definition of Child pornography according to the EU directive?

Answer 3

(c) ‘child pornography’ means:
(i) any material that visually depicts a child engagedin real or simulated sexually explicit conduct;
(ii) any depiction of the sexual organs of a child for primarily sexual purposes;
(iii) any material that visually depicts any person appearing to be a child engaged in real or simulated sexually explicit conduct or any depiction of the sexual organs of any person appearing to be a child, for primarily sexual purposes; or
(iv) realistic images of a child engaged in sexually explicit conduct or realistic images of the sexual organs of a child, for primarily sexual purposes;

Question 4

Article 15 paragraph 4 of the Directive of the European parliament and of the council on combatting the sexual abuse and sexual exploitation of children 2011 sets out direction that member countries should enable victim identification. What do you understand by the expression “victim identification” and what measures are in place internationally to facilitate it.

Answer 4

“Victim identification” refers to the process of identifying individuals who have been victimized by sexual abuse or exploitation, particularly children

Measures:
Training and Awareness
Multidisciplinary Approaches (samenwerking tussen LE - child protection)
Hotlines and Reporting Mechanisms’
Digital Forensics and Technology
Victim Support Services

Question 5

What are the offenses according to the EU directive regarding concerning child pornography?

Answer 5

Possession
Production
Distribution
Offering or Making availabe
Procurement

Question 6

Three main areas are covered in the directive being :
Definition of Offenses and sanctions, victim and witness care during the criminal justice process and investigative practices.

Name three investigative practices covered in the directive to combat online child exploitation / abuse

Answer 6

Digital Forensics
Online Investigations and Undercover Operations
International Cooperation and Information Sharing:

Question 7

What are the three main area’s covered in the EU directive?

Answer 7

Three main areas are covered in the directive being :
Definition of Offenses and sanctions
victims and witness care
investigative practices