11 Amendments of Nils TORVALDS related to 2022/0066(COD)
Amendment 31 #
Proposal for a directive
Recital 11
Recital 11
(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sexgender and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. Member States should therefore pay due regard to victims affected by such intersectional discrimination, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence.
Amendment 39 #
Proposal for a directive
Recital 60
Recital 60
(60) In order to ensure victims of violence against women and domesticgender-based violence, domestic violence and cyber violence are identified and receive appropriate support, Member States should ensure that professionals likely to come into contact with victims receive, including law enforcement authorities, receive mandatory training and targeted information. Trainings should cover the dynamics and impact of sexual assault victimization, the risk and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims and how to assess the risk of their situation. Trainings should also cover how to properly interview and assist a victim who wishes to lodge a complaint. To prevent and appropriately address instances of sexual harassment at work, persons with supervisory functions should also receive training. These trainings should also cover assessments regarding sexual harassment at work and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45 . Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed by a patient. _________________ 45 Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).
Amendment 40 #
Proposal for a directive
Recital 61
Recital 61
(61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims. Mandatory trainings of law enforcement authorities on how to receive a victim of gender- based violence, domestic violence or cyberviolence is essential to properly assist the filing of a complaint by the victim and to properly assess the risk of her situation.
Amendment 46 #
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Directive lays down rules to prevent and combat violence against women and domestic gender-based violence, domestic violence and cyberviolence. It establishes minimum rules concerning:
Amendment 47 #
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) the rights of victims of all forms of violence against women or domestic gender-based violence, domestic violence or cyberviolence before, during or after criminal proceedings;
Amendment 57 #
Proposal for a directive
Article 27 – paragraph 6 a (new)
Article 27 – paragraph 6 a (new)
6 a. Member States shall ensure a minimum of one rape crisis or sexual violence referral centre per 200 000 women. The geographical distribution of these centres shall also be taken into account so as not to leave any isolated area.
Amendment 68 #
Proposal for a directive
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
1 a. The appropriate training for law enforcement authorities handling victim's judicial complaint is especially crucial in the context of the fight against gender- based violence, domestic violence and cyberviolence, considering they may be the first authorities to whom the victim is reaching out in the judicial proceedings.
Amendment 73 #
Proposal for a directive
Article 43 – paragraph 1 – point b
Article 43 – paragraph 1 – point b
(b) exchanging information and best practices with relevant Union agencies; in particular with the European Institute for Gender Equality and Europol cybercrime center to provide help Member States;
Amendment 76 #
Proposal for a directive
Article 44 – paragraph 7 a (new)
Article 44 – paragraph 7 a (new)
7 a. Article 44a new - Financing and monitoring of the measures and objectives laid down in this Directive
Amendment 77 #
Proposal for a directive
Article 44 – paragraph 7 b (new)
Article 44 – paragraph 7 b (new)
7 b. The relevant agencies, in particular the European Institute for Gender Equality and Europol, shall be provided with the necessary human and financial resources to fulfil the objectives, tasks and responsibilities assigned to it under this directive financed by a contribution from the general budget of the Union, with the necessary appropriations drawn exclusively from unallocated margins under the relevant heading of the multiannual financial framework and/or through the mobilisation of the relevant special instruments, meaning that their support should not come at the expense of existing budget lines and Union programmes.
Amendment 78 #
Proposal for a directive
Article 44 – paragraph 7 c (new)
Article 44 – paragraph 7 c (new)
7 c. Member States shall ensure that sufficient public funding is provided for the measures adopted in order for them to be effectively implemented.