Activities of Michal ŠIMEČKA related to 2016/0062R(NLE)
Plenary speeches (1)
Council of Europe Convention on preventing and combating violence against women and domestic violence: EU accession (continuation of debate)
Amendments (40)
Amendment 14 #
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
— having regard to the Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women on 15 September1995, and to the subsequent outcome documents adopted at the United Nations Beijing +5 (2000), Beijing +10 (2005), Beijing +15 (2010), Beijing +20 (2015) special sessions and the political declaration on Beijing +25 (2020) of the United Nations Commission on the Status of Women (CSW);
Amendment 47 #
Motion for a resolution
Citation 30 a (new)
Citation 30 a (new)
— having regard to the European Commission’s proposal for a directive on combatting violence against women and domestic violence of 8 March 2022;
Amendment 50 #
Motion for a resolution
Citation 30 b (new)
Citation 30 b (new)
— having regard to the commitments made at the Generation Equality Forum of July 2021,
Amendment 53 #
A. whereas gender equality is a core value of the EU, enshrined in Article 2 of TEU and stressed in Article 23 of the Charter of Fundamental Rights, and must be mainstreamed in EUall EU policies, activities, and programmes; ; whereas the European Institute for Gender Equality has noted that the European Union needs around 60 years to reach gender equality at the current pace; whereas the eradication of gender-based violence and especially violence against women and girls is a prerequisite to achieving real gender equality;
Amendment 69 #
Motion for a resolution
Recital B
Recital B
B. whereas gender-based violence against women and girls is a severe form of gender inequality and, discrimination and a violation of human rights;
Amendment 77 #
Motion for a resolution
Recital C
Recital C
C. whereas 1 in 3 women in the EU, around 62 million women, has experience physical and/or sexual violence; whereas more than half of women (55 %) in the EU has experienced sexual harassment at least once since the age of 151a; whereas recently the estimated cost of gender-based violence and intimate partner violence in the European Union have increased by around one third, and the estimated costs of gender-based violence is EUR 366 billion23 ; ; _________________ 1a FRA, 2014 23 European Institute for Gender Equality, ‘The costs of gender-based violence in the European Union’, Publications Office of the European Union, Luxembourg, 2021.
Amendment 81 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas there is an ongoing oppressive backlash against gender equality and especially women and girls’ rights in the European Union and throughout the world; whereas during the pandemic, violence against women increased and their feelings of safety were eroded; whereas more than 45 % of women worldwide have reported that they or a woman they know has experienced some form of violence and 65 % of women have reported experiencing it in their lifetime; whereas many European countries saw a sharp increase in the reported cases of femicides and this number is in constant increase in some of them; whereas the fight against the gender based-violence should therefore be a priority even more after the lessons learned pandemic;
Amendment 84 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
Amendment 88 #
Motion for a resolution
Recital D
Recital D
D. whereas gender-based violence against women and girls can affect many fundamental rights enshrined in the Charter and other international and European human rights instruments;
Amendment 95 #
Motion for a resolution
Recital E
Recital E
E. whereas gender-based violence against women may take the form of offences such as sexual violence, including rape, female genital mutilation, forced sterilizations, trafficking inof women and girls for the purposes of sexual exploitation, sexual harassment, ‘honour crimes’ and, forced marriages, and marital captivity, femicide, stalking and various forms of cyberviolence as well as the denial to safe and legal access to abortion;
Amendment 109 #
Motion for a resolution
Recital F
Recital F
F. whereas gender-based violence continues to be an underreported crime in the European Union; whereas 67% of women interviewed in the EU Agency for Fundamental Rights (FRA) survey of 2014 did not report the most serious incident of partner violence to the police or any other organisation;1a whereas the lack of effectiveness of prosecution and the judicial systems and the lack of adequate social and medical services are frequent reasons for the non- reporting of gender- based violence; _________________ 1a FRA, 2014 - https://fra.europa.eu/en/news/2014/violen ce-against-women-every-day-and- everywhere
Amendment 133 #
Motion for a resolution
Recital H
Recital H
H. whereas ending gender-based violence against women and girls has been included by the Commission as a key priority in the Gender Equality Strategy 2020–2025 with a set of concrete proposals to ensure effective prevention of gender- based violence and domestic violence, among them the conclusion of the EU’s accession to the Istanbul Convention and ensuring its swift EU ratification;
Amendment 138 #
Motion for a resolution
Recital I
Recital I
I. whereas the Istanbul Convention is a unique tool to combat gender-based violence at European level and beyond; , effective and powerful tool to combat a wide range of forms of violence against women and domestic violence at European level and beyond; whereas the Convention offers guidance to state parties and their respective national authorities to give an adequate multidisciplinary response to violence through the four pillars: prevention of violence, protection of survivors and reparation, prosecution of perpetrators and integrated policies; whereas countries that have ratified the Convention have intensified efforts to prevent violence against women and girls, have improved investigations and prosecutions as well as protection services for women victims of violence1a; _________________ 1a “Towards a Europe Free from Male Violence Against Women and Girls”, European Women’s Lobby (reference: https://womenlobby.org/IMG/pdf/ic-2.pdf)
Amendment 142 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas gender-based violence is a cross-border crime and therefore Member States should fight it together and in close collaboration; whereas all women and girls in the European Union should dispose of the same level of protection against gender-based violence disregarding of which Member States they are in;
Amendment 148 #
Motion for a resolution
Recital K
Recital K
K. whereas the Istanbul Convention is a mixed agreement that allows for accession by the EU in parallel to accession by its Member States; whereas this has been confirmed by the decision of the Court of Justice of the European Union (CJEU) as well as by the legal service of the European Parliament;
Amendment 150 #
Motion for a resolution
Recital L
Recital L
L. whereas the accession of all Member States to the Istanbul Convention would support a coordinated approach in fighting violence against women, together with existing or future related measures at EU level, such as the proposal for an EU’s directive on combatting violence against women and domestic violence;
Amendment 154 #
Motion for a resolution
Recital M
Recital M
M. whereas all Member States have signed the Istanbul Convention, but only 21 have ratified it; whereas six Member States - Bulgaria, Czech Republic, Hungary, Latvia, Lithuania and Slovakia- still have not ratified the Convention; whereas Poland has announced its intention to withdraw from the Convention back in 2020; whereas in Slovakia, the National Council refused the Convention's ratification in 2020 and asked the Slovak President to take back the country's signature, but the President decided to not proceed with the removal; whereas the EU’s accession to the Convention does not exempt Member States from national ratification;
Amendment 159 #
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas Turkey, the first country to sign and ratify the Convention, decided to withdraw from it six years after and is not a State party in the Convention since 1 July 2021; whereas the European institutions condemned this step back which constitutes a dangerous precedent for other Party Members;
Amendment 160 #
Motion for a resolution
Recital M b (new)
Recital M b (new)
M b. whereas several religious, ultra- conservative groups and far-right movements continue to spread false narrative and disinformation regarding the Istanbul Convention, claiming it aims to erase the traditional family and promote gender ideology and homosexuality; whereas these groups use disinformation and populist rhetoric to frighten politicians and citizens;
Amendment 161 #
Motion for a resolution
Recital M c (new)
Recital M c (new)
M c. whereas Ukraine became the 36th State to ratify the Convention in June 2022, while defending its territory from Russia’s unjustified, unprovoked and illegal war of aggression; whereas rape and sexual violence against women and girls are used as weapons of war in the conflict; whereas the Convention entered into force on 1st November and its prompt implementation should equip the Ukrainian authorities to deal with atrocities committed by Russians soldiers on women and children, and tackle gender-based violence; whereas Ukraine's ratification in time of war should serve as an example for all Member States which refuse to ratify it or not consider it a priority;
Amendment 166 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the EU’s signature of the Istanbul Convention on 13 June 2017; notesregrets that 5 years later, the EU has still not ratified the Convention due to the refusal of a few Member States at the Council of the EU; notes however that the legal uncertainty caused by the limitation of the scope of the EU’s future accession to certain provisions of the Convention, namely matters related to judicial cooperation in criminal matters, asylum and non-refoulement, as well as the concerns regarding the internal procedure in view of the ratification of the Convention were answered in the Court of Justice of the European Union (CJEU) Opinion of 6 October 2021; urges the Council to act accordingly to this decision;
Amendment 182 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly condemns all forms of gender-based violence, including the denial of access to sexual and reproductive health and rights, against women and girls and against LGBTIQ+ persons; Strongly affirms that the denial of sexual and reproductive health services and rights, including safe and legal abortion, isa form of violence against women and girls; reiterates that women and girls must have control over their bodies and sexuality; calls on all Member States to guarantee a comprehensive sexuality education, full access for women to family planning, and full range of sexual and reproductive health services, including modern contraceptive methods and the right to safe and legal abortion;
Amendment 193 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that criminal justice must be only one part of a comprehensive and integrated response to violence against women encompassing at once prevention, protection, prosecution, and integrated response; Stresses the advantages of the Istanbul Convention’s structure, which follows a holistic, comprehensive and coordinated methodology for addressing the issues of violence against women and girls and gender-based violence, including domestic violence, based on a four pillar approach including all the aspects from the prevention, to the protection, prosecution and coordinated policies; however, notes that Member States should fight against impunity in the cases of violence against women and girls, preserving the dissuasive function of penalties and prosecutions, as pointed out in the Mid- term Horizontal Review of GREVIO baseline evaluation reports;
Amendment 205 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the Istanbul Convention benefits from 10 years of functioning and practice through its unique monitoring and implementation system through GREVIO; recognises the immense work of this expert body in monitoring the implementation of the Convention and calls on all parties to follow their country- specific recommendations;
Amendment 208 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes the important role played by the Istanbul Convention during the COVID-19 pandemic to help Member States in facing the alarming increase of gender-based violence, considered in this period the shadow pandemic; praises the efforts of some Member States in establishing additional prevention measures as well as protection and support services during the pandemic; however, calls in this regard to setting up a specific EU Protocol on Violence against Women in Times of Crisis and Emergency, complementing the measures enshrined in the Istanbul Convention to enhance the readiness of the European Union to face gender-based violence in these specific situations;
Amendment 210 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Notes that the Convention should be implemented together with other specific legislative measures recognising and preventing the specific forms of gender-based cyber violence faced by women and girls, as well as criminalising the acts of gender-based violence perpetrated in the online space; welcomes, in this regard, the European Commission’s proposal for a directive on combatting violence against women and domestic violence, where four forms of gender-based cyber violence are criminalised, namely non-consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, and cyber incitement to violence or hatred;
Amendment 212 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Takes note of the CJEU Opinion of 6 October 2021, following up on Parliament’s request, which allows the Council to proceed with the ratification of the Istanbul Convention by the European Union without a prior common agreement; considers that now, there is no doubt that the European Union could and should ratify the Convention;
Amendment 218 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Points out that the EU’s accession will also allow a more comprehensive collection of data regarding gender-based violence at EU level; Notes that GREVIO has commended the importance of evidence-based policy making and highlights the importance of establishing a system to regularly collect data, and undertake surveys in relation to all forms of violence against women and girls; Welcomes Eurostat’s current efforts to coordinate a survey on gender-based violence in the EU for 2023 to update the latest European Union’s data on gender- based violence from 2014 and, in this regard, asks all Member States party in the Convention to cooperate and take part in it;
Amendment 219 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Underlines the importance of providing gender sensitive training for law enforcement agencies, judiciary and public prosecutors to ensure early detection of victims and avoid deficient risk assessments and points out the key role of the Istanbul Convention in enhancing Member States' capacities in this field;
Amendment 222 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Regrets and strongly condemns the political instrumentalisation of the Convention by some Member States; Calls for a constructive dialogue with the Council and Member States in cooperation with the Council of Europe to address Member States’ reservations, objections and concerns and clarify misleading and false interpretations of the Istanbul Convention, such as the so-called promotion of destructive gender ideologies, in order to make progress in this area;
Amendment 229 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Council to ensure that Parliament will be fully involved in the Convention’s monitoring process after EU accession to the Istanbul Convention; notes the importance of proceeding with a swift agreement on a code of conduct concerning cooperation between the EU and its Member States for the implementation of the Convention, which should also involve civil society organisations, particularly women´s rights organisations;
Amendment 233 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that while all Member States have already signed the Istanbul Convention, six have not ratified it yet, namely Bulgaria, the Czech Republic, Hungary, Latvia, Lithuania and Slovakia; calls on national authorities to fight against disinformation and launch awareness campaigns in order to dispel all doubt on the Convention and its benefits for the whole society; underlines that the EU’s accession to the Istanbul Convention does not exempt Member States from national ratification and thus strongly encourages on the remaining six Member States that have not already done so to ratify the Convention without delay;
Amendment 248 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concernCondemns the growing opposition towards the Istanbul Convention in some Member States and the attempts to disparage the Convention and its positive impact on the eradication of gender-based violence; strongly condemns all attempts to spread disinformation campaigns about the Istanbul Convention organised by religious, ultra-conservative groups and far right movements, among others;
Amendment 252 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to take into account the conclusions and good practices of the Mid-term Horizontal Review of GREVIO baseline evaluation reports24 and use them to give new momentum to the Convention's implementation; _________________ 24 https://rm.coe.int/prems-010522-gbr- grevio-mid-term-horizontal-review-rev- february-2022/1680a58499
Amendment 255 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that there are no legal obstacles for the Council to proceed to the ratification of the Convention, as a qualified majority is sufficient to adopt the Convention; calls on Member States to confirm their political will to combat violence against women and girls and therefore to take this decision and not allow a few Member States to control the gender equality agenda in the Council;
Amendment 259 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the Commission’s proposal for a directive on combating violence against women and domestic violence, whichbased on the Istanbul Convention's standards; points out that it will be the first EU act comprehensively to address gender-based violence, thus helping to harmonise Member States’ differing approaches towards violence against women and domestic violence and to lay down common minimum standards for the protection of victims and survivors of gender-based violence and for improving their access to justice;
Amendment 266 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that the inclusion of gender- based violence as an eurocrime - which was also a promise of President Von der Leyen - would have been a more adequate and efficient legal basis for the proposed European Commission’s directive on combatting violence against women and domestic violence; Reiterates its call on the Council to activate the passerelle clause by adopting a unanimous decision identifying gender- based violence against women and girls as one of the areas of crime listed in Article 83(1) of the TFEU;
Amendment 275 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recognises the incredible amount of work performed by civil society organisations, in particular women’s human rights organisations, in preventing and combating violence against women and girls and their efforts to provide assistance to the victims of gender-based violence; urges the Member States to support these activities by providing sufficient, reliable, and sustainable human and financial resources;
Amendment 280 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Asks the European Commission and Member States to allocate adequate and sustainable financial and human resources to prevent and combat violence against women and domestic violence, as well as the specific services helping victims, particularly regarding access to justice and specialised shelters;
Amendment 287 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Council to step up procedures in order to ensure the EU’s swift ratification of the Istanbul Convention and to ensure, despite the signing of the EU’s accession to the Istanbul Convention, a broad EU accession to the Convention without any limitations;