WRITTEN QUESTION P-2393/96 by Alexandros Alavanos (GUE/NGL) to the Commission (2 September 1996)

Subject: Immediate measures to eradicate child prostitution

In its reply (20.7.1995/1594/95) ((OJ C 270, 16.10.1995, p. 37. )) to my previous question on the eradication of child pornography, the Commission asserted that: 'The Commission does not have competence to propose or take measures in this area, since such measures would come in the categories of judicial cooperation in penal matters and police cooperation.'

The shocking events in Belgium have exposed the unpardonable gaps in Community law on this matter. In the light of these events, will the Commission request the Intergovernmental Conference, in revising the Treaty on European Union, also to incorporate in the sections on citizens' and children's rights the obligation 'to protect children from all forms of secual exploitation and sexual abuse' as set out in Article 34 of the UN Convention on the Rights of the Child and in line with the demands of the European Forum for Child Welfare?

This procedure would create the appropriate legal basis for pursuing the measures that Parliament has repeatedly proposed such as increasing the penalties for those who procure children for prostitution, banning pornographic material depicting children, combating sex tourism and providing social and psychological support for children who are victims of sexual violence.

Answer given by Mrs Gradin on behalf of the Commission (15 October 1996)

The Commission is determined to take an active part in the fight against sexual abuse of children. In particular, actions directed at assisting children may receive financial aid including support for a number of projects initiated by non governmental organizations and research institutions. These aim to raise awareness of sexual abuse of children, to help prevent it and to encourage the exchange of good practice between Member States. However, the sums available will depend on next year's budget allocation. Work is under way to study the control of child pornography on the Internet, with a communication due shortly, and the Commission presented a paper contributing to the follow up of the declaration and agenda for action adopted at the world congress on sexual abuse of children in Stockholm, to ministers of justice and the interior on 27 September 1996.

As the Honourable Member correctly states, the Commission does not have direct competence with regard to the penal protection of children. It is, nonetheless, evident that the fight against this form of odious crime, involving sexual exploitation and abuse of children, requires more effective coordination between Member States and the Union in their respective areas of competence. It is for this reason that in the intergovernmental conference the Commission seeks:

- the consolidation in the Treaty of a direct protection of fundamental rights within the Union, with the insertion of a general clause on anti-discrimination that will provide better protection to our most vulnerable citizens, especially children;

- a reinforcement mechanism of cooperation in justice and home affairs matters between the Member States in the areas that remain intergovernmental, and between the Member States and the Union on subjects which will eventually be communitarised.