Ref. Ares(2019)7249385 - 25/11/2019
Ref. Ares(2019)7512838 - 06/12/2019
Expert Workshop
Implementation of the child sexual abuse directive 2011/93/EU with regard
to children with disabilities
30 January 2018
Conclusions Paper
The
Child Sexual abuse and Exploitation Directive 2011/93/EU1 is the main EU legislative
instrument in this area. The Directive is a comprehensive legal framework which covers
investigation and prosecution of crimes, assistance to and protection of victims, and
prevention. It approximates the definition of 20 offences, sets minimum levels for criminal
penalties, and facilitates reporting, investigation and prosecution. It extends national
jurisdiction to cover sexual abuse by EU nationals abroad, gives child victims easier access to
legal remedies and includes measures to prevent additional trauma from participating in
criminal proceedings. Offenders are to be subjected to risk assessments, and have access to
special intervention programmes. Information on convictions and disqualifications are to
circulate more easily among criminal records, making controls more reliable. The Directive
prohibits advertising the possibility of sexual abuse, or organising child sex tourism, and
provides for education, awareness raising and training of officials. 27 EU Member States (not
including Denmark) are obliged to implement its provisions in their national laws. The
deadline for transposition of this directive was December 13, 2013.
On 16 December 2016, the
Commission adopted two reports on the measures taken by
Member States to combat the sexual abuse and sexual exploitation of children and child
pornography.
One report2 covers the entire Directive whereas
the other report3 focuses on the
measures against websites containing or disseminating child pornography (Article 25 of the
Directive). The reports present a first overview of measures taken by Member States to
transpose the Directive into national law. The reports show that, although the Directive has
led to substantial progress, there is still considerable room for improvement, in particular with
regard to prevention and intervention programmes for offenders, the assistance, support and
protection measures for child victims and the provision of adequate safeguards when the
optional blocking measures are applied.
In the reports, the Commission announced that it would continue to provide support to
Member States to ensure a satisfactory level of transposition and implementation, notably by
facilitating the development and exchange of best practices in specific areas.
1 Directive 2011/93/EU of the European Parliament and of the Council on combating the sexual sexual abuse and
sexual exploitation of children and child pornography, OJ L 335/1
17.12.2011
2 Report from the Commission to the European Parliament and the Council assessing the extent to which the
Member States have taken the necessary measures in order to comply with Directive 2011/93/EU of 13
December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography,
COM(2016) 871 final, 16.12.2016
3 Report from the Commission to the European Parliament and the Council assessing the implementation of the
measures referred to in Article 25 of Directive 2011/93/EU of 13 December 2011 on combating the sexual
sexual abuse and sexual exploitation of children and child pornography, COM/2016/0872 final, 16.12.2016
1
One area identified as requiring targeted attention is the protection of children with
disabilities. While all children are vulnerable, children with different degrees and forms of
disabilities are particularly so. Different factors enhance their exposure to risks of child sexual
abuse, pose challenges to the society’s responses, and require strengthening the measures in
place with the aim of preventing the sexual abuse, protecting child victims and prosecuting
offenders. These factors may include reduced awareness in children with disabilities of the
risks of sexual abuse, increased dependence on adults for different daily tasks, insufficient
support for families or carers for children with disabilities, difficulties in realising the nature
and extent of the sexual abuse, difficulties in reporting it or fear of retribution by the offender,
or responses to the sexual abuse from different actors (teachers, medical staff, lawyers, etc)
that are not completely adapted to the specific needs of children with disabilities among many
others.
With that in mind, the Commission organised on 30 January 2018 an
Expert workshop on the
implementation of the Child sexual abuse directive with regard to children with disabilities.
The purpose of the expert workshop was to facilitate discussions among participants from EU
Member States in the field of law enforcement and child protection, international
organisations and bodies and external experts. The discussions were structured around two
sorts of environment in which children with disabilities may find themselves, namely in the
private life environment; and in the public and social life environments, knowing that the
same child may be in different environments on different occasions.
The
conclusions below detail the salient points and challenges that practitioners are facing in
this area together with corresponding, possible actions to be taken, as expressed and discussed
by those present during the meeting. They only include risks and measures that are specific of
or more significant in children with disabilities and are to be considered in addition to
measures of more general scope relating to child sexual abuse. The adoption of the measures
identified may contribute to better protection of children with disabilities from sexual abuse
and ultimately to a better implementation of the child sexual abuse directive in EU Member
States.
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Children with disabilities in the private environment
PREVENTION OF SEXUAL ABUSE
Risk factors for child sexual abuse
Possible actions to address them
Children whose disabilities render them non- Enhance prevention measures with regard to
verbal are a more attractive target for offenders
children whose disabilities render them non-
as it diminishes the possibility of the victim
verbal.
reporting.
Insufficient knowledge and awareness on Awareness raising activities in accessible
children's sexual rights among parents and
format for caregivers and family members on
primary caregivers of children with disabilities
the risks of child sexual abuse, on possible
and
among
children
with
disabilities
action to avoid or reduce them and on
themselves.
strategies to empower children to avoid
becoming victims of sexual abuse.
Limited information is given to children and
young people with disabilities on relationships Establishing educational programmes that
and sexuality including; sexual relations, what
strengthen
the
self-confidence
and
constitutes sexual abuse and what defines
assertiveness of children with disabilities.
unacceptable/abusive behaviour.
Ensuring that information on the sexual rights
of children is easily accessible both to children
with disabilities and their parents and primary
caregivers.
Information
packages
should
facilitate distinguishing healthy from abusive
sexual relationships based on the use of
adaptive communication techniques in such a
way as to be easily understood by children
with disabilities in an age-appropriate format.
Children with special needs are more Enhancing awareness of caregivers and
vulnerable to sexual abuse and exploitation
family members in contact with the child4 on
online, particularly children suffering from
the risks of online sexual abuse and means to
cognitive impairments or learning disabilities.
prevent it. Developing training for parents
For example, they may more easily give their
and primary caregivers on how to protect
trust to online groomers or have more
children with disabilities from the risk of
difficulties to recognize signs of grooming.
online sexual abuse arising from visiting
websites and certain social media
Empowering the children with the tools to
protect themselves from online sexual abuse
by avoiding risky situations, adopting
security measures, identifying signs of online
sexual abuse activity and being aware on
action to take.
Multi-disciplinary participation in the design
of awareness raising campaigns and training
material
and
activities,
including
the
4 Member States and the Commission noted the importance of raising awareness and training front-liners such as
police officers, therapists and care-workers where the child and its representatives/family members/care givers
are most likely to approach as their first point of contact.
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involvement of Law Enforcement Agencies
(LEAs), Child Protection NGOs, and social
media and Internet service providers.
Public authorities and child protection NGOs
reaching
out
to
chat/social
media
administrators to discuss the possibilities for
sexual abuse and possible preventative and
reactive measures they may adopt to reduce
risks of child users and facilitate investigations.
Industry actors providing online services for
children with disabilities to ensure protection
by design in their products, notably by setting
the privacy default settings at the most
protective level.
Overburdening of parents/primary caregivers Providing more consistent support services
and other family carers, notably due to lack of
for families of children with disabilities.
support for families, insufficient access to Setting up holistic, individual tailor-made
information about available services, limited or
programs for families and caregivers to
no access to respite programmes which would
provide timely and adequate support within
ease the financial, physical and emotional
the child's private environment.
distress. This could lead to lack of effective
protection and care, and increase the Training
of
doctors/psychologists/other
possibilities for sexual abuse.
medical professionals in primary healthcare
to raise their awareness of the risks of sexual
abuse of children with disabilities to discuss
prevention of sexual abuse with the parents
and primary carers to prevent sexual abuse
from their side.
Considering the risks of sexual abuse for each
child
with
disabilities
and
modulating
accordingly
the
design
of
monitoring/inspection/supervision and review
of foster care arrangements for children being
cared for in institutions, as well as the design
of home visits for children who are cared for
by their parents
Greater risk of sexual abuse for children with Step
up
policies
to
achieve
de-
disabilities for the fact of being in institutions,
institutionalisation of children with disabilities
due to the lack of a protective figure with a
and their placement in family or community
close bonding similar to parental care and
care with appropriate support.
greater opportunity for offenders to perpetrate Institutions should adopt, publicise and
sexual abuse which goes undetected.5
implement robust child safeguarding policies,
that cover four areas: policy, people,
procedures and accountability as described in
child safeguarding standards by
Keeping
children safe.
New institutional structures should be designed
in such a way as to take into consideration and
5 Around 15.000 children live in residential settings across the EU.
4
minimize the risk of child sexual abuse.
Ensuring that the child is never alone with only
one adult staff member and that there is
enough staff rotation to avoid burn-out and
relaxation of mutual controls by staff.
Ensuring regular and child-rights based
monitoring, inspections and supervision of care
institutions.
Insufficient expertise on child protection and Increasing the level of expertise through
children’s rights among people working for or
appropriate training among people working for
with children with disabilities
or with children
Incomplete background checks on staff at Mandatory initial screening and regular vetting
institutions.
of staff working directly with children in
institutional care.
Criminal records authorities in Member States
should ensure the exchange of criminal records
through the European Criminal Records
Information System (ECRIS).
Children with disability who are subjected to Equipping children with the means to identify
frequent physical contact by carers affecting
sexual
abuse
through
education
and
their sexual parts (for example, hygiene
awareness-raising6.
routines) may find it more difficult to Setting out protocols for carers (particularly
recognize or object to inappropriate touching
in institutions) to reduce or as much as
of private parts of their bodies due to the nature
possible eliminate the risk of sexual abuse
of their disability and needs. Such children
(e.g. avoiding situations of a carer being
may not be able to recognise sexual abuse if
alone with the child or without witnesses)
and when it occurs as they would have become
accustomed to touch. This may provide more
opportunities for sexual abuse.
Possible sexual abuse by peers within an Grouping children in institutions in a way to
institutional setup.
minimize the chances of sexual abuse (taking
account of e.g., age, overall abilities and
difficulties such as already existing cases of
sexual abuse…)
Education of children to protect other children
and react in case of bullying, which can lead to
sexual abuse.
Specific needs of children with disabilities not Enshrining processes that strengthen existing
sufficiently taken into account in the design of
consultative mechanisms7 for persons with
policies concerning them.
disabilities within legislative and policy
making arenas.
DETECTION OF SEXUAL ABUSE, PROTECTION AND SUPPORT TO CHILD
6 SoSAFE! Is a system which uses a standardised framework of symbols, visual teaching tools and concepts to
teach strategies for moving into intimate relationships in a safe and measured manner, and provides visual
communication tools for reporting physical or sexual abuse:
https://sosafeprogram.com/ [accessed 18/02/2018]
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VICTIMS
Risk factors for child sexual abuse
Possible actions to address them
Lack of clear reporting mechanisms for Having adequate structures in place that all
children to know how to report.
children,
regardless
of
their
level
of
communication can refer to in case of possible
sexual abuse.
Children with cognitive impairments and Giving children the tools to express themselves
disabilities that effect speech are less
through alternative forms of communication
likely/able to report possible sexual abuse due
other than speech e.g. through drawings, or use
to the nature of their disability.
of communication aids to facilitate reporting of
sexual abuse.
Difficulties of children with disabilities to Training family, care givers, social services,
report sexual abuse, especially if the sexual
education and leisure and healthcare personnel
abuser is a family member or main care giver.
coming in contact with children with disability
on how to notice possible signs and changes in
behaviour of children suffering from sexual
abuse in order to allow for easier and faster
detection.
Setting up protocols for staff in institutions to
take possible sexual abuse seriously and
investigate/report when there are indications of
such sexual abuse taking place.
Children with disabilities may not feel Raise awareness and train teachers/school
comfortable talking about sexual abuse with
psychologists to check if other children know
adults and may instead talk to peers.
of any sexual abuse that friends with
disabilities may be going through.
Raise awareness and train peers to detect
possible sexual abuse and report it.
Professionals detecting signs of sexual abuse in Provide for mandatory reporting by
children with disabilities may not report
professional working in contact with children
suspicions
of suspected sexual abuse they may detect
Set up detailed protocols to facilitate reporting
of suspected sexual abuse on children with
disabilities
Lack of expertise in social services about the Promoting training of social service employees
support needs of children with disabilities
to further specialise on the provision of social
having suffered sexual abuse
support to children and specifically children
with disabilities.
Fear of reprisal by the perpetrator following Alleged perpetrators should be removed from
reporting.
the setting or the immediate environment
frequented by the victim to protect the victim
Continued traumatization of victims of sexual Setting up protocols and providing training to
abuse due to cumbersome investigative and
Law enforcement officials, judicial authorities
legal proceedings
and lawyers8 on measures to prevent trauma to
the children with disabilities from participating
8 See Validity Foundation (former MDAC) project Innovating European lawyers to advance rights of children
with disabilities http://mdac.org/en/innovating-lawyers
6
in interview processes and investigations
(measures already contained in the Child
sexual abuse directive), such as ensuring that
the process of interviewing children is fast-
tracked, minimizing the number of interviews,
and
implementing
measures
that
minimize/remove the necessity for appearance
at court to limit the possibility of re-
victimization
Lack of coordination among practitioners Encouraging the adoption of a multi-
resulting in gaps within the support structures
disciplinary
approach
to
coordinate
or overlap in work/treatment areas, and
interventions with such children and avoid
exposing victims to more trauma.
overlap or gaps in treatment.
Stimulating the organization of horizontal,
multidisciplinary workshops at the national
level that bring together different experts. This
will ensure that all stakeholders are aware of
what their role is in the overall process of
protecting victims and ensuring the termination
of sexual abuse.
Promoting the widespread use of specific
models of interviewing such as the Barnahus
with forensic, front-line and judicial staff.9
Children with disabilities are seen by Train General Practitioners who more often
numerous specialists and practitioners who
than not have the most contact with children
may however not have known the child over a
with disabilities to identify signs of sexual
long time-span, making it difficult to identify
abuse
subtle, nuanced changes in behaviour or Consider the possibility of assigning individual
physical condition such as the somatic
case workers trained in detecting signs of
symptoms that may accompany sexual abuse.
sexual abuse who have the overarching
responsibility
of
managing
the
child's
treatment, both in a familial setting and even
more importantly in an institutional set up.
PROSECUTION OF OFFENDERS
Risk factors for child sexual abuse
Possible actions to address them
Lack of clear reporting mechanisms to Law Law enforcement authorities to set up
Enforcement authorities, particularly in cases
dedicated reporting mechanisms, particularly
of online sexual abuse.
for online sexual abuse, and to publicise them
appropriately.
Reports of sexual abuse may not lead to a Reporting mechanisms should provide for the
proper investigation first respondent may not
opening of a proper investigation for all
believe the child.
reported cases, excluding the possibility for the
first responder to decide that the report should
9 The "Barnahus" Model is a child-centred, interdisciplinary and multiagency approach utilized during
investigations of suspected child sexual sexual abuse cases. The fundamental concept is to avoid subjecting the
child to repeated interviews by various stakeholders in different locations thus supporting child victims of sexual
abuse throughout the criminal justice process
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not be followed-up.
Children, particularly those whose disability Encouraging and making available training on
resulted in a cognitive impairment may be
forensic techniques to ascertain the reliability
considered as unreliable witnesses in court. To
of children’s testimonies or to complement
this end securing other forms of evidence such
them for professionals including front-line and
as forensic evidence is of great importance to
forensic law enforcement officers
back up the child's testimony and ensure that a Promote the use of specialised investigative
crime has indeed taken place and that if it has,
tools and forensic techniques to secure other
appropriate punishment and reparations are
forms of evidence
made.
Risk of manipulation of the child victim by Avoid contact between the alleged offender
offender
and the child victim while the evidence is
collected.
Not sufficient deterrence against committing Provide for very high penalties for sexual
sexual abuse of a child with disabilities
abuse of children with disability and prioritise
investigation and prosecution of these offences
Lack of effective cooperation between Encourage the setting up of multi-disciplinary
professional services in the prosecution stage
meetings with the aim of enhancing awareness
(e.g. LEA and social services).
of the roles of different professional with
children
with
disability
and
foster
collaborating.
Revising modes of referral in order to allow for
swift assessment and handling of issues as an
adjunct to effective cooperation.
Children with disabilities in public and social
environments
PREVENTION OF SEXUAL ABUSE
Risk factors for child sexual abuse
Possible actions to address them
Insufficient awareness of social environment Social environment institutions should define
institutions (schools, sports centres, etc) -
comprehensive
child
protection
policies
dealing with children in general about the risks
covering prevention, reporting of child sexual
of sexual abuse, and in particular that of
abuse and protection of victims. Child
children with disabilities.
protection policies should take into account the
specific needs of children with disabilities and
should be made public.
Public authorities should motivate institutions
to adopt these policies through different means
(legal obligation, condition to receive public
funding or public recognition, etc)
Staff training on the risks of sexual abuse and Better training of all staff in regular contact
measure to prevent them in places such as
with
children
with
disabilities,
both
schools, social clubs, camp, healthcare setups
professionals, temporary staff or voluntaries.
etc.… may be inadequate, sporadic and often
not mandatory.
8
Staff vetting not systematic, particularly in Mandatory background checks for all staff in
more informal settings (summer camps, social
activities involving regular contacts with
clubs)
children.
Making possible checks for sexual abuse
convictions across the EU through systematic
use by national criminal registers of ECRIS.
Possibility of medical staff, nurses or carers Ensuring that Standard Operating Procedures
abusing children during health checks
(SOPs) mandate the presence of more than one
professional at any given moment when in
direct contact with the child,
Promoting the rotation of staff on an adequate
shift basis to avoid burn-out and relaxation of
control standards of staff, particularly in
hospitals.
Making mandatory the review of required
qualifications and background checks by
employers coupled by compulsory training of
staff.
Children with disabilities may, , become Promotion of inclusive schools including
isolated and excluded in social situations such
children with disabilities to the maximum
as in segregated schools or even within an
extent possible
inclusive learning/school environment, leading Implementation of awareness raising
to increased risk of sexual abuse.
campaigns promoting tolerance, understanding
and inclusive schooling from early stages of
education at the grass-root level.
Promoting the inclusion of modules on
disability issues within the curriculum of
teachers and learning support assistants.
Promoting a system of peer matching which
brings together children with and without
disabilities as school 'buddies' carrying out
activities jointly.
Considering the inclusion of lessons/training
sessions on personal and social development,
and civil rights of children in the school
curriculum to empower all children and
especially children with disabilities.
DETECTION OF SEXUAL ABUSE, PROTECTION AND SUPPORT TO CHILD
VICTIMS
Risk factors for child sexual abuse
Possible actions to address them
Insufficiently effective reporting channels
Developing of SOPs in all organisations
conducting activities involving regular contacts
with children related to the reporting of
possible sexual abuse including inter alia:
Clearly establishing reporting mechanisms
within the school hierarchy;
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A checklist of questions to be asked to the
child reporting the sexual abuse;
Practical measures to be taken upon reporting
such as which authorities to contact;
Instructions on measures relating to the
preservation of evidence.
Difficulties of staff in detecting the sexual Introducing programs that improve child–
abuse due to insufficient bonding between
caregiver communication skills; and increase
occasional care givers and children with
the quality of the child–caregiver bond and
disabilities.
build trusting, positive relationships.
Insufficient detection of possible sexual abuse Creating of manuals on symptoms of sexual
in public and social environments, particularly
abuse, alerts on behavioural changes.
sexual abuse affecting children with cognitive Training to medical staff regularly examining
or communication impairments.
children with disabilities to detect signs of
sexual abuse.
Introduce
mandatory
reporting
by
professionals in contact with children on
suspected sexual abuse.
Professionals detecting signs of sexual abuse in Provide for mandatory reporting by
children with disabilities may not report
professional working in contact with children
suspicions
of suspected sexual abuse they may detect
Set up detailed protocols to facilitate reporting
of suspected sexual abuse on children with
disabilities
Parents may have difficulty believing that the Awareness raising targeting parents about
child is telling the truth.
potential sexual abuses at school and other
environments, about possible signs of sexual
abuse, and about action to take and reporting
channels in case of suspicions.
PROSECUTION OF OFFENDERS
Risk factors for child sexual abuse
Possible actions to address them
Similar to those of private life environment
Similar to those of private life environment
Relevant documents:
FRA report: Violence against children with disabilities: legislation, policies and programmes
in the EU:
http://fra.europa.eu/en/publication/2015/children-disabilities-violence [accessed on
13/02/2018]
FRA report: Child-friendly justice – Perspectives and experiences of children involved in
judicial proceedings as victims, witnesses or parties in nine EU Member States + Annexes:
http://fra.europa.eu/en/publication/2017/child-friendly-justice-childrens-view [accessed on
13/02/2018].
MDAC & VALIDITY - Innovating European Lawyers to Advance the Rights of Children
with Disabilities:
http://validity.ngo/innovating-european-lawyers-to-advance-the-rights-of-
children-with-disabilities/ [accessed on 13/02/2018]
10
the European Barnahus Quality Standards:
http://www.childrenatrisk.eu/promise/european-
barnahus-quality-standards/ [accessed 13/02/2018]
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