42 Amendments of Maria NOICHL related to 2016/0062R(NLE)
Amendment 2 #
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
— having regard to the Explanatory Report to the Council of Europe Convention on preventing and combating violence against women and domestic violence,
Amendment 4 #
Motion for a resolution
Citation 7
Citation 7
— having regard to Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal opportunities and equal treatment of men and women in the access to and supply of goods and services4 , which defines and condemns harassment and sexual harassment, _________________ 4 OJ L 373, 21.12.2004, p. 37.
Amendment 7 #
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 195030, and in particular to Articles 2, 3, 8, 14, and the Protocol No. 12 to the Convention,
Amendment 10 #
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
— having regard to the Vienna Declaration and Programme of Action adopted by the 1993 World Conference on Human Rights,
Amendment 12 #
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
Amendment 15 #
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 in 1995, and to the subsequent monitoring reports adopted at the United Nations Beijing + 5(2000), Beijing + 10 (2005), Beijing + 15 (2010), Beijing + 20 (2015) and2020 UN Women Report ‘Gender equality: women’s rights in review 25 years after Beijing’,
Amendment 21 #
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
— having regard to the 1979 United Nations Convention on the Elimination of All Forms of Discrimination Against Women and its Optional Protocol,
Amendment 32 #
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
— having regard to the 1993 United Nations Declaration on the Elimination of Violence against Women,
Amendment 34 #
Motion for a resolution
Citation 16 c (new)
Citation 16 c (new)
— having regard to the CEDW Committee General Recommendations 12, 19 and 35 on violence against women,
Amendment 35 #
— having regard to the United Nations General Assembly 2020 Resolution entitled ‘Intensification of efforts to prevent and eliminate all forms of violence against women and girls,
Amendment 48 #
Motion for a resolution
Citation 30 a (new)
Citation 30 a (new)
— having regard to the Gender Equality Index Reports of the European Institute for Gender Equality published since 2013,
Amendment 49 #
Motion for a resolution
Citation 30 b (new)
Citation 30 b (new)
— having regard to the 2021 report of the European Institutefor Gender Equality entitled ‘The costs of gender- based violence in the European Union’,
Amendment 51 #
Motion for a resolution
Citation 30 c (new)
Citation 30 c (new)
— having regard to the Council of Europe report entitled ‘Overview of studies on the costs of violence against women and domestic violence’,
Amendment 52 #
Motion for a resolution
Citation 30 d (new)
Citation 30 d (new)
30 d having regard to the European Commission proposal for a Directive of the European Parliament and the Council on combating violence against women and domestic violence,
Amendment 66 #
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; is a violation of women’s human rights, and is a serious obstacle to the participation of women in social, public and political life and in the labour market and make them unable to fully enjoy their rights and fundamental freedoms;
Amendment 70 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas gender-based violence against women and girls is a structural and widespread problem throughout Europe and the world, and is a phenomenon that involves victims and perpetrators irrespective of their age, education, income, social status, cultural backgrounds and is linked to the unequal and unfair distribution of power between women and men in our societies; and whereas anyone can be a victim of potential gender-based violence, women are disproportionately affected by all forms of such violence, including domestic violence, due to structural gender discrimination and unequal distribution of power and resources between women and men in public and private spheres;
Amendment 86 #
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; which include the right to human dignity (Article 1), the right to life (Article 2), the right to the integrity of the person (Article 3), the prohibition of torture and inhuman or degrading treatment (Article 4), the right to liberty and security (Article 6), the right to freedom from discrimination, including on the grounds of sex (Article 21), and the right to an effective remedy and to a fair trial;
Amendment 102 #
E a. whereas gender-based violence, in particular sexual violence, directly and indirectly affects its victims and has long- lasting negative impact on their physical, emotional and mental well-being and whereas gender-based violence affects one third of women and girls in the EU and whereas a new survey by the Fundamental Rights Agency is being conducted to update this data;
Amendment 118 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas differences in Member States’ laws and policies create differences in protection against gender based violence;
Amendment 119 #
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas the 1993 United Nations Declaration on the Elimination of Violence against Women and the Beijing UN Platform for Action defined violence against as any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life;
Amendment 123 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas the Victims’ Rights Directive defines gender-based violence as violence that is directed against a person because of that person’s gender, gender identity or gender expression or that affects persons of a particular gender disproportionately, and it may result in physical, sexual, emotional or psychological harm or economic loss to the victim;
Amendment 126 #
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas gender-based violence against women and girls has been recognized by the international community as a violation of human rights which should be addressed comprehensively, and despite all the efforts which have been made by the international organizations, civil society, and state authorities to eradicate gender- based violence against women and girls, it remains pervasive and manifests in new forms such as cyber violence, cyber harassment, cyber stalking and non- consensual distribution of intimate material (photos and videos) through social media;
Amendment 178 #
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; deplores the fact that women and girls are often exposed to domestic violence, sexual harassment, psychological and physical violence, stalking, sexual violence, rape, forced marriage, female genital mutilation (FGM), forced abortion, forced sterilisation, sexual exploitation and human trafficking and other forms of violence, which constitute a serious violation of their human rights and dignity; stresses that the Istanbul Convention lays down that culture, custom, religion, tradition or so-called ‘honour’ cannot be a justification of any acts of violence against women; denounces the fact that women and girls are victims of gender-based violence on the internet and on social media; calls on the Member States to adopt concrete measures to address these new forms of crime, including sex-extortion, grooming, voyeurism and revenge pornography, and to protect the victims, who can experience serious trauma leading sometimes even to suicide;
Amendment 189 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Reaffirms its commitment to pursue a comprehensive approach to gender-based violence against women and girls and LGBTIQ+ persons at EU level and to ensure a follow-up of its recommendations which have been proposed in a number of resolutions;
Amendment 206 #
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; Stresses the importance of this interactive exchange and process between GREVIO and the participating members;
Amendment 209 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls that, in order to ensure effective implementation of the Istanbul Convention, a two-pillar monitoring mechanism was established: GREVIO which conducts a country by country report and the Committee of the Parties;
Amendment 211 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Points out that also women with disabilities and mothers of children with disabilities encountered obstacles in reporting violence and gaining access to justice system, and as GREVIO reported it, including the inaccessibility of police premises, a lack of training and stereotypes of law enforcement officials as well as the lack of information in accessible formats about the assistance to victims of violence and available services;
Amendment 213 #
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 allowStrongly demands the Council to proceed with the ratification of the Istanbul Convention by the European Union without a prior common agreement, as declared by the CJEU Opinion of 6 October 2021 following up on Parliament’s request;
Amendment 221 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. 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 interpretations of the Istanbul Convention in order to make progress in this area; Urges Member States to speed up negotiations on the ratification and implementation of the Istanbul Convention and to strongly condemn all attempts to retract measures already taken in implementing the Istanbul Convention and in combating violence against women;
Amendment 234 #
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; underlines that the EU’s accession to the Istanbul Convention does not exempt Member States from national ratification and thus strongly encourages the remaining Member States that have not already done so to ratify the Convention without delay and strongly condemns any attempt of Member States to withdraw from the ratification itself;
Amendment 235 #
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; underlines that the EU’s accession to the Istanbul Convention does not exempt Member States from national ratification and thus strongly encourages the remaining Member States Bulgaria, the Czech Republic, Hungary, Latvia, Lithuania and Slovakia that have not already done so to ratify the Convention without delay;
Amendment 240 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Strongly condemns all initiatives that pursue to replace the Istanbul Convention with any alternative document which is not based on the same approach towards gender discrimination and gender power relations;
Amendment 244 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concern 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; condemns all attempts to spread disinformation about the Istanbul Convention;, which are often coordinated, funded and organised by anti-gender movements from the outside of the EU. Highlights that Member States should further increase their efforts to counter false narratives regarding the Convention.
Amendment 246 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concern 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; condemns all attempts to spread disinformation about the Istanbul Convention; and to evoke fears among societies about the allegedly destructive impact of the Convention on family and traditional gender roles;
Amendment 251 #
12. Calls on Member States to take into account the conclusions of the Mid-term Horizontal Review of GREVIO baseline evaluation reports24 ; and to improve their national frameworks for preventing and combating gender-based violence, including their national laws, in order to ensure proper implementation and enforcement of the Istanbul Convention; _________________ 24 https://rm.coe.int/prems-010522-gbr- grevio-mid-term-horizontal-review-rev- february-2022/1680a58499
Amendment 256 #
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, which 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; stresses that this legislative act does not substitute the Convention, as it only covers some part of it and thus the Convention remains an essential tool for the EU strategy against gender-based violence;
Amendment 270 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Considering the extent and gravity of gender-based violence and sexual harassment in the workplace, calls on the Member States to ratify and implement ILO Violence and Harassment Convention No. 190;
Amendment 277 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Reiterates that the denial of sexual and reproductive health and rights, including safe and legal abortion, is a form of gender-based violence and a violation of women’s and girls' fundamental human rights; reiterates that women and girls must have control over their bodies and sexualities; calls on all the Member States to guarantee comprehensive sexuality education and universal access to the full range of reproductive and sexual health services, including ready access to family planning, modern contraceptive methods and free, safe and legal abortion"; Is therefore deeply concerned that in some Member States sexual and reproductive rights of women are under threat, as in Poland the illegitimate Constitutional Tribunal ruled on 22 October 2020 to reverse long- established rights of Polish women entailing a de facto abortion ban, abortion is banned in Malta, medical abortion in early pregnancy is not legal in Slovakia and is not available in Hungary and access to abortion is also being eroded in Italy.
Amendment 278 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls on Member States to continue and strengthen the protection of children who are victims of or witness episodes of domestic and intimate partner violence; in particular condemns the use, assertion and acceptance of non-scientific theories and concepts in custody cases which punish mothers who attempt to report cases of child abuse or gender- based violence by preventing them from obtaining custody or by restricting their parental rights, such as the so-called parental alienation syndrome;
Amendment 288 #
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 a broad EU accession to the Convention without any limitations;
Amendment 290 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls the Member States to enforce the Istanbul Convention and allocate adequate financial and human resources to preventing and combating violence against women and gender-based violence, including domestic and intimate violence, empowering women and girls, and protecting victims and enabling them to be compensated, especially in the case of those living in areas where protection services for victims do not exist or are very limited;
Amendment 292 #
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Calls the Commission to draw up a holistic EU strategy on combating violence against women and gender-based violence that includes a comprehensive plan to combat all forms of gender inequalities, integrating all EU efforts to eradicate gender based violence;