Activities of Malin BJÖRK related to 2022/0066(COD)
Plenary speeches (1)
Combating violence against women and domestic violence (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on combating violence against women and domestic violence
Amendments (135)
Amendment 187 #
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to provide a comprehensive framework to effectively prevent and combat violence against women and domestic violence throughout the Union. It does so by strengthening and introducing measures in the following areas: the definition of relevant criminal offences and penalties, the protection of victims and access to justice, victim support and reparation, prevention, coordination and cooperation.
Amendment 225 #
Proposal for a directive
Recital 4
Recital 4
(4) This Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, exploitation through surrogacy, the non- consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36 and 2011/93/EU37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against women. This includes crimes such as femicide, sexual harassment, sexual abuse, sexual violence including rape, stalking, early and forced marriage, forced abortion, forced sterilisation and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material. Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses. _________________ 36 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11. 37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1– 14.
Amendment 227 #
Proposal for a directive
Recital 4
Recital 4
(4) This Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, intersex genital mutilation, the non- consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36 and 2011/93/EU37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against women. This includes crimes such as femicide, sexual harassment, sexual abuse, stalking, early and forced marriage, forced abortion, forced sterilisation and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material. Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses or partners. _________________ 36 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11. 37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1– 14.
Amendment 239 #
Proposal for a directive
Recital 5
Recital 5
(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately affected by the forms of violence covered under this Directive, namely violence against women and domestic violence. This Directive, however, acknowledges that other persons may also fall victim to these forms of violence and should benefit from the measures provided for therein without discrimination on account of any ground. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex or gender.
Amendment 246 #
Proposal for a directive
Recital 6
Recital 6
(6) Due to their vulnerability, children who witness violence against women or domestic violence suffer a direct emotional harm, which impacts their development. Therefore, such children should be considered victims and benefit from targeted protection measures, prevention, support and reparation measures. Such targeted measures must be based on a wholistic and gender-specific understanding of the dynamics of abusive relationships, ignoring stereotypes and unscientific concepts such as that of parental alienation, making sure that any re- victimisation of the child is prevented and that the rights of the child are ensured. This is especially important when establishing child custody rights and visitation rights. Member States shall ensure that the rights of the victim are at the centre of their laws regarding child custody rights, designing them in a way that does not give custody rights to perpetrators of gender-based violence or intimate partner violence.
Amendment 263 #
Proposal for a directive
Recital 7
Recital 7
(7) Violence against women is a persisting manifestation of structural discrimination against women in all their diversity, resulting from historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’.
Amendment 273 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Gender equality and women’s empowerment, and investing in the construction of a gender-equal society where women are autonomous, financially and socially are the best prevention strategies against the various forms of violence against women and domestic violence. Member States shall ensure that women have the means and possibilities necessary to leave an abusive relationship by providing housing and social assistance. Prevention of gender based violence demands that Member States ensure that their fiscal policies, housing policies and economic policies give all women access to financial autonomy, decent, affordable housing, affordable high-quality child care, free education, legal abortion, and free high- quality health care, including sexual and reproductive healthcare.
Amendment 288 #
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 sex 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, gender identity, gender expression and sex characteristics. Member States should therefore pay due regard to victims affected by such intersectional discrimination and violence, 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 and domestic violence. For example, acts of gender-based violence which seek to punish victims for their sexual orientation, gender expression, gender identity or sex characteristics such as so- called “corrective rape”, should be given particular attention.
Amendment 294 #
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 sex 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, migrant women and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence.
Amendment 306 #
Proposal for a directive
Recital 12
Recital 12
(12) Victims of violence against women and domestic violence are at an increased risk of intimidation, retaliation, secondary and repeat victimisation. Particular attention should thus be paid to these risks and to the need to protect the dignity and physical integrity of such victims and their children.
Amendment 307 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12 a) Forced pregnancy or ban on abortion are also forms of violence against women. Being forced to continue a pregnancy resulting from rape is a violation of human rights, a form of gender-based violence and a violation of the right to freedom from torture or cruel, inhuman and degrading treatment or punishment.
Amendment 308 #
Proposal for a directive
Recital 13
Recital 13
(13) Rape is one of the most serious offences breaching a person’s sexual integrity and is a crime that disproportionately affects women. It entails a power imbalance between the offender and the victim, which allows the offender to sexually exploit the victim for purposes such as personal gratification, asserting domination, gaining social recognition, advancement or possibly financial gain or punishment for the victim's sexual orientation, gender identity, gender expression or sex characteristics (so- called "corrective rape"). Many Member States still require the use of force, threats or coercion for the crime of rape. Other Member States solely rely on the condition that the victim has not consented to the sexual act. Only the latter approach achieves the full protection of the sexual integrity of victims. Therefore, it is necessary to ensure equal protection throughout the Union by providing the constitutive elements of the crime of rape of women. .
Amendment 312 #
Proposal for a directive
Recital 13
Recital 13
(13) Rape is one of the most serious offences breaching a person’s sexual integrity and is a crime that disproportionately affects women. It is a form of sexual exploitation as it entails a power imbalance between the offender and the victim, which allows the offender to sexually exploit the victim for purposes such as personal gratification, asserting domination, gaining social recognition, advancement or possibly financial gain. Many Member States still require the use of force, threats or coercion for the crime of rape. Other Member States solely rely on the condition that the victim has not consented to the sexual act. Only the latter approach achieves the full protection of the sexual integrity of victims. Therefore, it is necessary to ensure equal protection throughout the Union by providing the constitutive elements of the crime of rape of women. .
Amendment 319 #
Proposal for a directive
Recital 14
Recital 14
(14) Rape should explicitly include all types of sexual penetration, with any bodily part or object. Stealthing should be considered as a non-consensual act of a sexual nature comparable to penetration and therefore a form of rape that refers to intentionally and secretly ceasing to use any method of prophylaxis or reproductive control during a sexual act without the consent of the victim. The lack of consent should be a central and constitutive element of the definition of rape, given that frequently no physical violence or use of force is involved in its perpetration. Initial consent should be withdrawable at any given time during the act, in line with the sexual autonomy of the victim, and should not automatically imply consent for future acts. Non-consensual sexual penetration should constitute rape even where committed against a spouse or intimate partner. Consent cannot be bought in exchance of economic compensation.
Amendment 335 #
Proposal for a directive
Recital 15
Recital 15
(15) With regard to offences amounting to rape, offenders who have been previously convicted of offences of the same nature should be obliged to participate in evidence-based intervention programmes to mitigate the risk of recidivism.
Amendment 336 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
Amendment 345 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to address the severe and long-lasting physical and psychological impairments of intersex genital mutilation performed on persons with variations of sex characteristics, also known as intersex persons, this offence should be specifically and adequately addressed in the criminal laws. Non-vital, non- consensual procedures and treatments performed on intersex children assigned female, such as labiaplasties, vaginoplasties, gonadectomies, clitoral “recession” and other forms of clitoral cutting or removal, are specifically based on sexist and misogynistic beliefs aimed at exerting control over intersex girls’ and women’s physical appearance and sexuality. The term "capacity to provide consent" shall be interpreted as the ability to understand the facts, assess the risks and benefits and balance the short- and long-term consequences of the possible choices and make a decision. Member States shall ensure that a minor is deemed capable of providing consent only if all the elements above are assessed to be in place. The term "hormonal treatments" shall be understood as any non- consensual treatments aimed at altering the sex characteristics of the person; it excludes consensual gender affirming hormonal treatments or access to hormone blockers.
Amendment 360 #
Proposal for a directive
Recital 17
Recital 17
(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violence particularly targets and impacts women politicians, journalists and human rights defenders, as well as persons who are part of marginalised communities. It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education and to their mental health, which may, in extreme cases, lead to suicide. Women and girls exposed to discrimination and violence on the basis of a combination of their sex or gender and other grounds are disproportionately affected by cyber violence, including cyber harassment or cyber incitement to violence or hatred.
Amendment 390 #
Proposal for a directive
Recital 22
Recital 22
(22) The increase in internet and social media usage has led to a sharp rise in public incitement to violence and hatred, including based on sex or gender, over the past years. The easy, fast and broad sharing of hate speech through the digital word is reinforced by the online disinhibition effect, as the presumed anonymity on the internet and sense of impunity reduce people’s inhibition to engage in such speech. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offlinOftentimes, perpetrators of such incitement online are public figures who, due to a presumed impunity, have the effect of legitimising and emboldening acts of violence offline. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offline. Children and youth can also be the target of violent cyber violence owing to personal characteristics such as disability, racial or ethnic origin, sexual orientation, gender identity, gender expression, sex characteristics or other grounds which, if left unaddressed, may cause social exclusion, anxiety, inducement to inflict self-harm and, in extreme situations, suicide ideation, suicide attempts or actual suicide. This needs to be intercepted at an early stage. The language used in this type of incitement does not always directly refer to the sex or gender of the targeted person(s), but the biased motivation can be inferred from the overall content or context of the incitement.
Amendment 418 #
Proposal for a directive
Recital 27
Recital 27
(27) Delays in processing complaints of violence against women and domestic violence can bear particular risks to victims thereof, given that they might still be in immediate danger given that offenders might often be close family members or spouses. The fact that the victim has complained and/or intends to leave the relationship can mean increased danger for the victim. Therefore, the competent authorities should have the sufficient expertise and effective investigative tools to investigate and prosecute such crimes.
Amendment 429 #
Proposal for a directive
Recital 29
Recital 29
(29) When assessing the victim’s protection, medical and support needs, the primary concern should lie in safeguarding the victim’s rights, safety and providing tailored protection and support, taking into account, among other matters, the individual circumstances of the victim. Such circumstances requiring special attention could include the victim’s parenthood, pregnancy or the victim’s dependence on or relationship to the offender.
Amendment 430 #
Proposal for a directive
Recital 29
Recital 29
(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s safety and providing tailored support, taking into account, among other matters, the individual circumstances of the victim, specific needs and vulnerability. Such circumstances requiring special attention could include the victim’s pregnancy or the victim’s dependence on or relationship to the offender.
Amendment 434 #
Proposal for a directive
Recital 30
Recital 30
(30) In order to ensure comprehensive and appropriate support and protection to victims, a standardised approach to risk assessment that promotes a shared understanding of risk across the system, and a common language to communicate risk, must be adopted. All competent authorities and relevant bodies, not limited to law enforcement and judicial authorities, should be involved in assessing the risks for victims and appropriate support measures on the basis of clear guidelines issued by the Member States. Such guidelines should include factors to be taken into consideration when assessing the riskgender-sensitive and culturally competent risk assessment protocols and guidelines issued by the Member States. Such guidelines should be developed in cooperation with women’s specialist support services (WSS) and include risk factors associated with coercive and controlling behaviour emanating from the offender or suspect, including the consideration that suspects charged with minor or no offences are as likely to be dangerous as those charged with more severe offences, especially in cases of domestic violence and stalking. Specialised training for frontline professionals on the use of risk assessment tools is also essential.
Amendment 440 #
Proposal for a directive
Recital 31
Recital 31
(31) Due to their vulnerability to secondary and repeat victimisation, to intimidation and to retaliation, and the fact that they suffer emotional harm that prejudices their development, the victim’s children should receive the same protection measures as those accorded to the victim. Other persons dependant on the victim, such as adults with disabilities or older dependant adults for whom the victim provides care, may experience similar emotional harm and should thus be accorded the same protection measures. Persons or animals depending on the victim are often used as leverage in the execution of power by the perpetrator, and it is therefor vital that Member States ensure that the relevant authorities and law inforcement officers are trained and educated in the complex dynamics of abusive relationships, so that they are able to accord such protection measures wherever and whenever they are appropriate.
Amendment 447 #
Proposal for a directive
Recital 32
Recital 32
(32) Victims of violence against women and domestic violence are often in need of specific support and medical care, including sexual and reproductive health care. To ensure they effectively receive offers of support, the competent authorities should refer victims to appropriate support services. This should in particular be the case where an individual assessment has found particular support needs of the victim. In that case, support services should be able to reach out to the victim even without the victim’s consent. For the processing of related personal data by competent authorities, Member States should ensure that it is based on law, in accordance with Article 6(1)(c) read in conjunction with Article (6)(2) and (3) of Regulation (EU) 2016/679 of the European Parliament and of the Council41 . Such laws should include appropriate personal data safeguards that respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the individuals. Where competent authorities transfer victims’ personal data to support services for victims’ referral, they should ensure that the data transferred is limited to what is necessary to inform the services of the circumstances of the case, so that victims receive appropriate support and protection. _________________ 41 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance), (OJ L 119, 4.5.2016, p. 1–88).
Amendment 502 #
Proposal for a directive
Recital 46
Recital 46
(46) Specialised support services should provide support and ensure medical care to victims of all forms of violence against women and domestic violence, including sexual exploitation, sexual violence, female and intersex genital mutilation and other harmful practices, forced marriage, surrogacy, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence.
Amendment 504 #
Proposal for a directive
Recital 46
Recital 46
(46) Specialised support services should provide support to victims of all forms of violence against women and domestic violence, including sexual violence, female genital mutilation, intersex genital mutilation, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence.
Amendment 508 #
Proposal for a directive
Recital 47
Recital 47
(47) Specialist support should offer victims support tailored to their specific needs, and irrespective of any official complaint. Such services couldmust be provided in addition to, or as an integrated part of, general victim support services, which may call on existing entities providing specialist support general victim support services. General victim support services must cooperate with women’s specialist support services (WSS) in providing services and developing clear, commonly agreed referral pathways between general and specialist support services to refer victims of violence against women and girls to services. Specialist support must always be provided by national authoritiWomen’s Specialist Support Services, victims’ specialist support organisations, or other non- governmental organisations. They should be granted sufficient human and financial resources and, where the services are provided by non-governmental organisations, Member States should ensure that they receive appropriate funds or public bodies with the relevant gender-specific expertise and knowledge. Member States should ensure that sufficient human and financial resources for specialist support services and non-governmental organisations are provided.
Amendment 515 #
Proposal for a directive
Recital 48
Recital 48
(48) Victims of domestic violence and violence against women typically have multiple protection and support needs. In order to address these effectively, Member States should provide such services at the same premises, or have such services coordinated through a central contact point. To ensure also victims in remote areas or unable to physically reach such centres are reached, Member States should provide for online access to such services. This should entail setting up a single and updated website where all relevant information on and access to available support and protection services is provided (one-stop online access). The website should follow accessibility requirements for persons with disabilities. all sufficiently fund, strengthen and support Women’s Specialist Support Services (WSS) and make them an integral part of the national support system for victims of gender-based violence. Thanks to their expertise, independence and scientific and victim- centered approach, WSS are the best suited to understand the complexities of addressing gender-based violence against women and girls in a holistic manner and in providing services that remove barriers rather than erect new ones. WSS should have complete geographical coverage, and provide gender-specific and competent low-threshold services. To ensure also victims in remote areas or unable to physically reach support services, Member States should provide for online access to such services, including telehealth where possible.
Amendment 524 #
Proposal for a directive
Recital 49
Recital 49
(49) SWomen’s specialist support services, including shelter and services for LGBTQI victims of gender-based violence, including shelters, women’s advice centres, helplines and rape crisis centres, should be considered essential in peace times and during crises and states of emergency, including during health crises. These services should continue to be funded and offered in thesecrisis situations, where instances of domestic violence and violence against women tend to surge. Specialist support services, including shelters, rape crisis centres and security services for victims should be provided, financed and run by the public sector, and not privatised or subjected to public procurement regulations. All specialist support should be available to victims regardless of their nationality, citizenship, place of residence or residence status.
Amendment 531 #
Proposal for a directive
Recital 49 a (new)
Recital 49 a (new)
(49a) EU Member States must guarantee access to essential sexual and reproductive health care to all victims in order to limit further harm and to ensure victims receive reparations and rehabilitation. These essential services shall meet the urgent support needs for victims of sexual violence including essential medical care, sexual and reproductive health care such as emergency contraception, screening and post-exposure prophylaxis for STIs and HIV, and safe and legal abortion care.
Amendment 537 #
Proposal for a directive
Recital 50
Recital 50
(50) The traumatic nature of sexual violence, including rape, requires a particularly sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Rape crisis centres or sexual violence referral centres should be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female genital mutilation, who are often girls, and of intersex genital mutilation, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims.
Amendment 551 #
Proposal for a directive
Recital 52
Recital 52
(52) Member States should ensure that national and local helplines are fully funded, and accessible to victims with different abilities, languages, and literacy skills. National helplines may be operated under the EU-harmonised number [116016] and this number is widely advertised as a public number, free of charge and available round-the-clock. The support provided should include crisis counselling and should be able to refer to face-to-face services, such as shelters, counselling centres or the policewomen’s specialist support. The existence of a national helpline should not be detrimental to the funding and functioning of local helplines.
Amendment 558 #
Proposal for a directive
Recital 53
Recital 53
(53) Shelters play a vital role in protecting victims from acts of violence. Beyond providing a safe place to stay, shelters should provide the necessary support concerning interlocking problems related to victims’ health, financial situation and the well-being of their children, ultimately preparing victims for an autonomous life. Member States should ensure the availability of sufficient dedicated domestic violence shelters, with an adequate geographical distribution. A variety of different models should be made available, including single-gender shelters, thereby ensuring maximum flexibility for victims. Shelters should always be available free of charge for the victim.
Amendment 587 #
Proposal for a directive
Recital 56
Recital 56
(56) Victims with specific needs and groups at risk of violence against women or domestic violence, such as women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, with a minority racial or ethnic background, living in rural areas, women sex workers, detainees, or older women, children, victims of so-called "honour crimes" or LBTIQ women and other LGBTIQ people subject to gender- based violence, should receive specific protection and support.
Amendment 598 #
Proposal for a directive
Recital 57 a (new)
Recital 57 a (new)
(57a) Under the full recognition of the fundamental rights set out in the Charter, the effects of gender-based violence vary among individuals due to intersections with other identities such as age, race, ethnicity, gender identity, sexual orientation, disability, migration status, and socioeconomic class, which can exacerbate inequalities and leave them even more vulnerable to the consequences of gender-based violence. Member States should adopt a holistic gender-responsive approach to effectively protect all women and girls in all their diversity whose lived experiences exist in those intersections, to facilitate their full access to rights and support when they are experiencing gender-based violence. Recognising that women and girls are the overwhelming majority of victims of this type of violence, concrete action from the Member States is needed to tackle the harmful socially constructed gender roles and stereotypes that make this type of violence possible.
Amendment 603 #
Proposal for a directive
Recital 58
Recital 58
(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter violence against women and domestic violence. Special attention must be paid in awareness-raising campaignst to women andexperiencing discrimination and violence on the basis of the combination of their sex or gender and other grounds, and by victims at an increased risk of domestic violence. Prevention should also take place in formal education, in particular, through strengthening sexualityinclusive sexuality and relationships education and socio- emotional competencies, empathy and developing healthy and respectful relationshipssuch as empathy.
Amendment 606 #
Proposal for a directive
Recital 58
Recital 58
(58) Member States should ensure that preventive measures, such as long-term awareness- raising campaigns, are taken to counter violence against women and domestic violence. Prevention should also take place in formal education, in particular, through strengthening comprehensive sexuality education and socio-emotional competencies, empathy and developing healthy, consensual and respectful relationships.
Amendment 609 #
Proposal for a directive
Recital 58 a (new)
Recital 58 a (new)
(58a) Member states should ensure that preventive measures are grounded in human rights and gender equality and based on the empirical evidence of their effectiveness. Programmes that scientific evaluation has identified as effective or promising in preventing violence against women and domestic violence include school-based programmes to prevent child sexual abuse or dating violence; feminist self-defence for women and girls; bystander intervention programmes; and community-based programmes to transform gender norms. Prevention is a three-pronged approach of primary, secondary and tertiary action. These three levels complement each other and only together, they can combat GBV against women and girls and protect victims effectively. Primary prevention focuses on reducing vulnerability before violence occurs so that it does not occur; secondary prevention focuses on identifying violence and intervening to disrupt it as early as possible; tertiary prevention focuses on long-term intervention to reduce the negative impact of violence and prevent reoffending.
Amendment 631 #
Proposal for a directive
Recital 61
Recital 61
(61) In order to prevent secondary victimisation and counteract underreporting, Member States should also liaise with law enforcement authorities in the development of trainingswomen’s specialist support services in the development of training for law enforcement authorities, 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.
Amendment 632 #
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 and prejudices, including multiple discrimination grounds, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.
Amendment 636 #
Proposal for a directive
Recital 61 a (new)
Recital 61 a (new)
(61a) Member States should recognise women's civil society organisations, including organisations working with women at a heightened risk of experiencing gender-based violence, as partners in policy development and implementation and should, where relevant, include them in the work of government bodies and committees working to combat violence against women and domestic violence. In addition, other relevant stakeholders should be consulted on relevant issues, such as social partners in relation to sexual harassment at the workplace.
Amendment 653 #
Proposal for a directive
Recital 65
Recital 65
(65) Member States should ensure that the data collected are limited to what is strictly necessary in relation to supporting the monitoring of the prevalence and trends of violence against women and domestic violence and design new policy strategies in this field. Data collected should include the context in which the offence took place, such as at home, at the workplace or online, as well as information about whether a victim is at a heightened risk of experiencing gender-based violence, as this will inform future targeted policy actions. It should also include whether violence was committed against victims affected by intersectional discrimination as defined in recital 11. When sharing the data collected, no personal data should be included.
Amendment 676 #
Proposal for a directive
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(ca) prevention of violence against women and domestic violence.
Amendment 683 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of sex and other groundsor gender and other intersectional grounds, such as age, race, ethnicity, sexual orientation, gender identity, disability, migration status and socioeconomic class, and by other victims at an increased risk of domestic violence, so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5) and Article 37(7).
Amendment 685 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of sex or gender and other grounds, as well as to victims at an increased risk of domestic violence, so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5), Article 35(1) and Article 37(7).
Amendment 690 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Member States shall ensure that, in the application of this Directive, particular attention is paid to the risk of intimidation, retaliation, secondary and repeat victimisation and to the need to protect the dignity and physical integrity of victims and their children.
Amendment 697 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) “violence against women” meansis understood as a violation of human rights and a form of discrimination of women and shall mean all acts of gender-based violence, that isare directed against a woman or a girl because she is a woman or a girl or that affects women or girls disproportionately, including all acts of such violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life;
Amendment 717 #
Proposal for a directive
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) “surrogacy” means recruiting a woman to gestate and give birth to one or several human beings in exchange for financial remuneration and/or through a contract, in order to hand it over to one or several other persons - called commissioners, contractors, intended parents, clients or buyers.
Amendment 737 #
Proposal for a directive
Article 4 – paragraph 1 – point g
Article 4 – paragraph 1 – point g
(g) “sexual harassment at work” means any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, where it occurs in the course of, linked with, or arising in matters of employment, occupation and self-employment, including undocumented women in the situations of employment, informal and undocumented work, such as domestic and care work, with the purpose or effect of violating the dignity of the victim, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment;, or when a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for job- related decisions.
Amendment 758 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) engaging with a woman in any non- consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object; or engaging in any other non-consensual act of a sexual nature that is, in view of the gravity of the act, comparable to penetration. This includes intentionally and secretly ceasing to use any method of prophylaxis or reproductive control during a sexual act without the consent of the victim.
Amendment 776 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the woman’s silence, verbal or physical non-resistance or past sexual conduct, her attire, or existing or past relationship with the offender. Consent shall be assessed in the context of the surrounding circumstances. Consent can not be bought in exchange of economic compensation.
Amendment 800 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6 a Intersex Genital Mutilation Member States shall ensure that the following intentional conduct is punishable as a criminal offence: 1) Performing any surgical or medical procedure or hormonal treatment on the sex characteristics of a person with variations of sex characteristics, with the purpose or effect of altering such characteristics so that they align with those considered typically female or male: a. In the case the person referred to in point 1) has the capacity to provide consent to the procedure or treatment, if the person does not provide informed consent; b. In the case the person referred to in point 1) does not have the capacity to provide consent to the procedure or treatment, unless an urgent procedure or treatment is undertaken on reasonable grounds to save the person’s life or prevent serious damage to the person’s physical health. 2) Coercing a person with variations of sex characteristics to undergo any of the procedures or treatments referred to in point 1), or coercing the person holding parental responsibility to authorise any of the procedures referred to in point 1).
Amendment 807 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6 a Surrogacy Member States shall ensure that the following intentional conduct is punishable as a criminal offence: Procuring, hiring, recruiting or enticing a woman to gestate, give birth and give the child or children away, in exchange for payment and/or through a contract, that entails renouncing to her parental rights to one or more people
Amendment 874 #
Proposal for a directive
Article 9 – paragraph 1 – point a a (new)
Article 9 – paragraph 1 – point a a (new)
(a a) cyber flashing: the sending of unsolicited sexual images via information or communication technologies and social media platforms;
Amendment 882 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that the intentional conduct of inciting to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex or gender, gender identity, gender expression, sexual orientation or sex characteristics, by disseminating to the public material containing such incitement by means of information and communication technologies is punishable as a criminal offence.
Amendment 912 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that the criminal offences referred to in Articles 6 isand 6a are punishable by a maximum penalty of at least 5 years of imprisonment and at least 7 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 949 #
Proposal for a directive
Article 13 – paragraph 1 – point o a (new)
Article 13 – paragraph 1 – point o a (new)
(o a) the intention of the crime was to punish victims for their sexual orientation, gender expression, gender identity or sex characteristics.
Amendment 973 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Articles 6 and 6a of at least 10 years from the time when the offence was committed.
Amendment 981 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Prohibition of alternative dispute resolution processes or sentencing Member States shall take the necessary legislative measures to prohibit alternative dispute resolution processes, including restorative justice, and other forms of mediation and conciliation, in relation to all forms of violence covered by the scope of this Directive.
Amendment 996 #
2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that offences of violence against women or domestic violence have occurred, or that further acts of violence are to be expected, to report this to the competent authorities. Member States shall guarantee that the woman is informed about these third-party reports in advance and that an adequate risk assessment, risk management and safety planning are implemented BEFORE active steps are taken against the perpetrator to ensure the safety of the woman and her children.
Amendment 1001 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States shall ensure that the confidentiality rules imposed by national law on relevant professionals, such as healthcare professionals, do not constitute an obstacle to their reporting to the competent authorities if they have reasonable grounds to believe that there is an imminent risk that serious physical harm will be inflicted on a person due to their being subject to any of the offences covered under this Directive. If the victim is a child, the relevant professionals shall be able to report to the competent authorities if they have reasonable grounds to believe that a serious act of violence covered under this Directive has been committed or further serious acts of violence are to be expected. Where professionals report such instances of domestic violence or violence against women affecting children, victims must be duly informed; a gender-sensitive and child-competent risk assessment and risk management conducted, and tailored safety, protection and support measures adopted immediately.
Amendment 1017 #
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Member States shall ensure that the competent authorities coming in contact with a victim reporting offences of violence against women or domestic violence are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the first individual assessment referred to in Article 18.
Amendment 1027 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that persons, units or services investigating and prosecuting violence against women or domestic violence have sufficient training, expertise and effective investigative tools to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.
Amendment 1036 #
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The competent authorities shall promptly refer victims to relevant health care professionals or support services referred to in Articles 27, 28 and 29 to assist in securing evidence, in particular in cases of sexual violence, where the victim wishes to bring charges and make use of such servicand to provide victims of sexual violence with appropriate medical care, including for the clinical management of rape. Victims shall be provided with information on what options are available to them in securing evidence for an eventual criminal procedure, taking into consideration their actual physical and mental state and trauma. Victims shall not be pressured to bring charges or report the offence to the authorities.
Amendment 1042 #
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The competent authorities shall promptly refer victims to relevant health care professionals or specialised support services referred to in Articles 27, 28 and 29 to assist in securing evidence, in particular in cases of sexual violence, where the victim wishes to bring charges and make use of such services.
Amendment 1060 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. This individual assessment shall be initiated upon the first contact of the victim with the competent authorities. The competent judicial authorities shall verify at the latest atin a timely manner and before the initiation of criminal proceedings whether an assessment has been conducted. If this has not been the case, they shall remedy the situation by undertaking an assessment as soon as possible.
Amendment 1070 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex or gender and other grounds and therefore face a heightened risk of violence, as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.
Amendment 1078 #
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The individual assessment shall be undertaken in collaboration with all relevant competent authorities depending on the stage of the proceedings, and relevant support services, such as women's specialist support services, and other relevant actors, such as social services, child welfare services healthcare professionals, and other relevant victim protection centres and women’s shelters, social services and healthcare professionals.
Amendment 1097 #
Proposal for a directive
Article 20 – title
Article 20 – title
Referral to women’s specialist support services
Amendment 1102 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. If the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that support services contact victims to offer supporwomen’s specialised support services or specialist support services for LGBTIQ victims of gender-based violence contact victims to offer support, only with the victim’s knowledge and consent.
Amendment 1107 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. If the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that specialised support services contact victims to offer support.
Amendment 1112 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The competent authorities shall respond to requests for protection and support, including medical care for the clinical management of rape, in a timely and coordinated manner.
Amendment 1118 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Where needed, they shall be able to refer child victims, including witnesses, to women’s specialist support services without the prior consent of the holder of parental responsibility.
Amendment 1155 #
Proposal for a directive
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
Member States shall issue guidelines for the competent authorities acting in criminal proceedings, including prosecutorial and judicial guidelines, concerning cases of violence against women or domestic violence. Those guidelines should be developed in close cooperation with women’s specialist support services (WSS). Those guidelines shall include guidance on:
Amendment 1176 #
Proposal for a directive
Article 23 – paragraph 1 – point e
Article 23 – paragraph 1 – point e
(e) how to cater to the enhanced protection and support needs of victims experiencing discrimination based on a combination of sex or gender and other grounds;
Amendment 1203 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point c a (new)
Article 24 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) ensure the consultation and participation of Women’s Specialist Support Services in the national strategies for prevention, protection and support in matters of such forms of violence.
Amendment 1247 #
Proposal for a directive
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Member States shall ensure that specialist support services referred to in Article 9(3) of Directive 2012/29/EU are available for all victims of acts of violence covered by this Directive. The specialist support services shall provide:
Amendment 1253 #
Proposal for a directive
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) advice and information on any relevant legal or practical matters arising as a result of the crime, including on access to housing, healthcare, education, training and assistance to remain in or find employment; as well as referrals to relevant general support services;
Amendment 1271 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 1 (new)
Article 27 – paragraph 1 – subparagraph 1 (new)
a) Immediate gender-sensitive support including, safe shelter, psychosocial support, legal advice and assistance, and economic empowerment;
Amendment 1273 #
Proposal for a directive
Article 27 – paragraph 1 – point c a (new)
Article 27 – paragraph 1 – point c a (new)
Amendment 1278 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Specialist support referred to in paragraph 1 shall be offered in-person and shall be easily accessible, including online or through other adequate means, such as information and communication technologies, tailored to the needs of victims of violence against women and domestic violence. All specialist support should be public or non-profit and be available to victims regardless of their nationality, citizenship, place of residence or residence status.
Amendment 1286 #
Proposal for a directive
Article 27 – paragraph 3
Article 27 – paragraph 3
3. Member States shall ensure specialist support services provided by non-governmental organisations have sufficient human and financial resources to provide the services referred to in paragraph 1, especially those referred to in point (c) of that paragraph, includingin addition to where such services are provided by non- governmental organisationstate services.
Amendment 1289 #
Proposal for a directive
Article 27 – paragraph 4
Article 27 – paragraph 4
4. Member States shall provide the protection and specialist support services necessary to comprehensively address the multiple needs of victims at the same premises, or have such services coordinated through a central contact point, or through one-stop online access to such services. Such. Any combined offering of such services shall include at least first hand medical care, referrals to comprehensive healthcare services and social services, psychosocial support, legal, and police services.
Amendment 1293 #
Proposal for a directive
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Member States shall issue guidelines and protocols for healthcare and social service professionals on identifying and providing appropriate support to victims of all forms of violence against women and domestic violence, including on treating victims in a trauma-, gender-, and child-sensitive manner, avoiding gender stereotypes, preventing secondary or repeat victimization, and referring victims to the relevant support services. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex and other grounds of discrimination. Such guidelines and protocols shall also address the specific needs of victims of sexual violence, as referred to in article 28.
Amendment 1294 #
Proposal for a directive
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Member States shall issue guidelines and protocols for healthcare and social service professionals on identifying and providing appropriate support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant support services. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex or gender and other grounds of discrimination.
Amendment 1297 #
Proposal for a directive
Article 27 – paragraph 6
Article 27 – paragraph 6
6. Member States shall ensure that specialist support services are state-funded and remain fully operational for victims of violence against women and domestic violence in times of crisis, such as health crises or other states of emergency, by providing sufficient upfront funding, to cover the costs to adequately adapt and respond to such crises.
Amendment 1302 #
Proposal for a directive
Article 27 – paragraph 7
Article 27 – paragraph 7
7. Member States shall ensure that specialist support services are available to victims before, during and for an appropriate time after criminal proceedingtailored assistance and support to victims of violence against women and domestic violence is available and provided, including before, during and after the violence occurs.
Amendment 1311 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall provide for appropriately equipped, easily accessible rape crisis or sexual violence referral centres to ensure effective support to victims of sexual violence and children having witnessed sexual violence, including assisting in the preservation and documentation of evidence and in recording instances of sexual violence whose motives are related to the sex, gender or gender identity of the victim. These centres shall provide for the clinical management of rape, medical and forensic examinations, timely referrals to comprehensive healthcare services, including sexual and reproductive healthcare services, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereafter. Where the victim is a child, such services shall be provided in a child-friendly manner and be provided with specialist support services for children. Children under the age of 16 who have experienced sexual violence should not be interviewed several times and by many actors, thus revictimizing children.
Amendment 1314 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall provide for appropriately equipped, easily accessible rape crisis or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence, which should clarify whether the motives were related to the sex or gender and other personal characteristics of the victim. These centres shall provide for medical and forensic examinations, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereafter. Where the victim is a child, such services shall be provided in a child-friendly manner.
Amendment 1318 #
Proposal for a directive
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. Member States shall guarantee that victims of sexual violence have timely access to comprehensive healthcare services, including sexual and reproductive healthcare, emergency contraception, and screening and post- exposure prophylaxis for sexually transmitted infections, and safe and legal abortion care.
Amendment 1339 #
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Article 29a Specialist support for victims of intersex genital mutilation 1. Member States shall ensure that victims of intersex genital mutilation are provided with effective support, including gynaecological, psycho-social, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been committed and for as long as necessary thereafter. This shall also include access to treatment and medications needed as a consequence of intersex genital mutilation. 2. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of intersex genital mutilation referred to in paragraph 1 of this Article.
Amendment 1344 #
Proposal for a directive
Article 30 – title
Article 30 – title
Specialist support for victims ofto address sexual harassment at work
Amendment 1348 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
Member States shall ensure external counselling services are available for victimworkers and employers in cases of sexual harassment at work. These services shall include advice on adequately preventing and addressing such instances at the workplace, on legal remedies available to the employer to remove the offender from the workplace and providing the possibility of early conciliation, if the victim so wisheswork, including through social dialogue and occupational safety and health measures, on appropriate and effective remedies available to workers and employers, including the possibility of early conciliation, if the victim so wishes, and on measures to protect the privacy and confidentiality of all the individuals involved.
Amendment 1359 #
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Member States shall set up state- wide round-the-clock (24/7) telephone helplines, free of charge, to provide advice for victims of violence against women and domestic violence. These helplines shall be run by or with the support of women specialist services, as the best equipped to apply a victim-centred approach when supporting women victims of gender- based violence. Advice shall be provided confidentially or with due regard for their anonymity with non-disclosure of the personal data of migrant women, women in international protection, for undocumented persons or for persons subject of return procedures pertaining to the residence status to competent migration authorities. Member States shall ensure the provision of such service also through other information and communication technologies, including online applications.
Amendment 1377 #
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall address the specific needs of women victims of domestic violence and sexual violence, including by ensuring that there is access to single- gender shelters. They shall assist them in their recovery, providing adequate and appropriate living conditions with a view on a return to independent living.
Amendment 1378 #
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall address the specific needs of women victims of domestic violence, sexual and reproductive exploitation and sexual violence. They shall assist them in their recovery, providing adequate and appropriate living conditions with a view on a return to independent living.
Amendment 1385 #
Proposal for a directive
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The shelters and other appropriate interim accommodations shall be available to victims regardless of their nationality, citizenship, migration status, place of residence or residence status.
Amendment 1388 #
Proposal for a directive
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3a. The shelters and other appropriate interim accommodation shall be run by public or non-profit actors and not be subject to public procurement.
Amendment 1409 #
Proposal for a directive
Article 34 – title
Article 34 – title
Amendment 1411 #
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall take the necessary legislative or other measures to ensure that, in the determination of custody and visitation rights of children, incidents of violence covered by the scope of this Directive are taken into account. The exercise of any visitation or custody rights must not at any moment jeopardise the rights and safety of the victim or children. As a rule custody rights should be withdrawn for convicted perpetrators. Should visitation rights be granted, Member States shall establish and maintain safe places which allow a safe contact between a child and a holder of parental responsibilities who is an offender or suspect of violence against women or domestic violence, to the extent that the latter has rights of access. Member States shall ensure supervision by trained professionals, as appropriate, and in the best interests of the child.
Amendment 1431 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violence, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with a minority racial or ethnic background, women sex workers, women detainees, or older women, victims of so-called "honour crimes" or LBTIQ women and other LGBTIQ people subject to gender-based violence.
Amendment 1440 #
Proposal for a directive
Article 35 – paragraph 2
Article 35 – paragraph 2
2. The support services under Articles 27 to 32 shall be adequately funded to have sufficient capacities to accommodate victims with disabilities, taking into consideration their specific needs, including personal assistance.
Amendment 1441 #
Proposal for a directive
Article 35 – paragraph 3
Article 35 – paragraph 3
3. The support services shall be available for third-country nationals who are victims of violence against women and domestic violence, including for applicants for international protection, for undocumented persons and for persons subject of return procedures in detention. Member States shall ensure that victims who are applicants for international protection, undocumented persons and persons subject of return procedures in detention have the right to remain in the country of the legal process until the conclusion of investigations and/or the provision of counselling/medical services to victims. Member States shall ensure that victims who request so may be kept separately from persons of the other sex in detention facilities for third-country nationals subject of return procedures, or accommodated separately in reception centres for applicants for international protection.
Amendment 1443 #
Proposal for a directive
Article 35 – paragraph 4
Article 35 – paragraph 4
4. Member States shall ensure that persons can report occurrences of violence against women or domestic violence in reception and detention centres to the relevant staff, that the relevant staff has received proper training to ensure protection and avoid re-victimisation of victims and that protocols are in place to adequately and swiftly address such reports in accordance with the requirements in Article 18, 19 and 20.
Amendment 1447 #
Proposal for a directive
Article 35 – paragraph 4 a (new)
Article 35 – paragraph 4 a (new)
4a. Victims of violence referred to in this Directive should as a rule be granted residence permits. As a minimum, Member States must ensure that victims who are applicants for international protection, undocumented persons and persons subject of return procedures in detention have the right to remain in the country of the legal process until the conclusion thereof, and having received specialised victim counselling/medical services.
Amendment 1454 #
Proposal for a directive
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Member States shall take appropriate actions to prevent violence against women and domestic violence by adopting a comprehensive three-pronged prevention approach of primary, secondary and tertiary action. Member States shall coordinate, sufficiently fund and evaluate all three approaches, in cooperation with women's specialist support services and other civil society organisations.
Amendment 1458 #
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Primary preventive measures shall include awareness-raising campaigns, social dialogue and collective bargaining, research and education programmes, where appropriate developed in cooperation with relevant civil society organisations, women's specialist support services, social partners, impacted communities and other stakeholders. Such prevention measures shall be evidence-based, apply a human rights approach over the whole life course and be grounded in gender equality.
Amendment 1467 #
Proposal for a directive
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Member States shall make information on preventive measures, the rights of victims, access to justice and to a lawyer, and the available protection, medical and support measures available to the general public. in different formats, via various media, and in relevant languages. Such information shall be evidence-based, apply a human rights approach over the whole life course, and be grounded in human rights and gender equality.
Amendment 1476 #
Proposal for a directive
Article 36 – paragraph 4
Article 36 – paragraph 4
4. Targeted action shall be addressed to groups at risk, including children, according to their age and maturity, undocumented migrant women, LBT women, asylum-seeking women and persons with disabilities, taking into consideration language barriers and different levels of literacy and abilities. Information for children shall be formulated in a child-friendly way.
Amendment 1479 #
Proposal for a directive
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Preventive measures shall in particular aim at empowering women and girls, challenging harmful gender stereotypes, promoting equality between women and men, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive. These measures shall also promote bystander intervention, solidarity with victims and holding perpetrators accountable.
Amendment 1481 #
Proposal for a directive
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Preventive measures shall in particular aim at challenging harmful gender stereotypes, capacitating society with the knowledge to understand consent and identify and address instances of violence, promoting equality between women and men, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.
Amendment 1491 #
Proposal for a directive
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female genital mutilation, intersex mutilation and other harmful practices.
Amendment 1493 #
Proposal for a directive
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female and intersex genital mutilation.
Amendment 1508 #
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers ofevention workers, providers of specialised support services, victim support and restorative justice services, healthcare professionals, social services, educational and other relevant staff, receive both general and specialist mandatory training and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of sexual exploitation, gender-based violence and violence against women or domestic violence and to treat victims in a trauma-, gender- and child- sensitive mannersensitive and human rights-based manner. The training shall be provided by qualified trainers from women's and LGBTIQ specialist support services adhering to stringent quality standards in terms of training duration, frequency, methods and outcomes in line with the objectives of this directive.
Amendment 1519 #
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Relevant health professionals, including paediatricians and midwives, shall receive targeted training to identify and address, in a cultural-sensitive manner, the physical, psychological and sexual consequences of female and intersex genital mutilation. and other harmful practices, forced sterilization, forced abortion, forced pregnancy, surrogacy and sexual violence.
Amendment 1521 #
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Relevant health professionals, including paediatricians and midwives, shall receive targeted training to identify and address, in a cultural-sensitive manner, the physical, psychological and sexual consequences of female genital mutilation, intersex genital mutilation and other harmful practices.
Amendment 1531 #
Proposal for a directive
Article 37 – paragraph 3
Article 37 – paragraph 3
3. Persons with supervisory functiEveryonse in the workplace, in both the public and private sectors, and in particular persons with supervisory functions, shall receive training on how to recognise, prevent and address sexual harassment at work, including on risk assessments concerning occupational safety and health risks, to provide support to victims affected thereby and respond in an adequate manner. Those persons and employers shall receive information about the effects of violence against women and domestic violence on work and the risk of third party violence.
Amendment 1534 #
Proposal for a directive
Article 37 – paragraph 4
Article 37 – paragraph 4
4. The training activities referred to in paragraphs 1 and 2 shall include feminist training on co-ordinated multi-agency co- operation to allow for a comprehensive and appropriate handling of referrals in cases of violence against women or domestic violence.
Amendment 1536 #
Proposal for a directive
Article 37 – paragraph 5
Article 37 – paragraph 5
5. Without affecting media freedom and pluralism, Member States shall encourage and support the setting up of media training activities by media professionals’ organisations, media self- regulatory bodies and industry representatives or other relevant independent organisations, to combat stereotypical portrayals of women and men, sexist images of women, and victim- blaming in the media, aimed at reducing the risk of all forms of violence against women or domestic violence.
Amendment 1546 #
Proposal for a directive
Article 37 – paragraph 7
Article 37 – paragraph 7
7. Training activities referred to in paragraphs 1 and 2 shall be regular and mandatory, including on cyber violence, and built on the specificities of violence against women and domestic violence. Such training activities shall include training on how to identify and address the specific protection, medical and support needs of victims who face a heightened risk of violence due to their experiencing discrimination based on a combination of sex and other grounds, including establishing solid referral pathways to women's support services, abstention from victim-blaming attitudes and behaviours and confidential data processing.
Amendment 1554 #
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Member States shall take the necessary measures to ensure that targeted and effective intervention programmes are established, in coordination with women's specialist support services, to prevent and minimise the risk of committing offences of violence against women or domestic violence, or reoffending. The programs should seek to hold perpetrators accountable and change attitudes and behaviours.
Amendment 1563 #
Proposal for a directive
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Member States shall adopt and implement state-wide effective, comprehensive and co-ordinated policies encompassing all relevant measures to prevent and combat all forms of violence against women in all their diversity and domestic violence.
Amendment 1569 #
Proposal for a directive
Article 39 – paragraph 4
Article 39 – paragraph 4
4. It shall be responsible for coordinating policies at the central, regional and local levels, and for ensuring the adequate funding and central participation of women’s specialist support services.
Amendment 1573 #
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall put in place appropriate mechanisms to ensure effective, structured and regular coordination and cooperation, at the national, regional and local level, of relevant authorities, agencies and bodies, including local and regional authorities, law enforcement agencies, the judiciary, public prosecutors, support service providers as well as non- governmental organisations, in particular women’s specialist support services, social services, including child protection or welfare authorities, education and healthcare providers, social partners, without prejudice to their autonomy, and other relevant organisations and entities.
Amendment 1579 #
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Member States shall cooperate with and consult civil society organisations, including non-governmental organisations working with victims of violence against women or domestic, domestic violence, or specialised non-governmental organisations working with vulnerable women and victims at a heightened risk of violence, in particular in providing support to victims, concerning policymaking initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.
Amendment 1583 #
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Member States shall cooperate with and consult civil society organisations, including non-governmental organisationreate sustainable structures for consultation and partnerships with relevant NGOs and women’s specialist support services working with victims of violence against women or domestic violence, in particular in providing adequate support to victims, concerning policymaking initiatives, information and awareness- raising campaigns, research and education programmes and including training programs, as well as in monitoring and evaluating the impact of measures to support and protect victims.
Amendment 1591 #
Proposal for a directive
Article 43 – paragraph 1 – point a
Article 43 – paragraph 1 – point a
(a) exchanging best practices in a regular and organised manner, at national and EU level, and consulting each other in individual cases, including through Eurojust and the European Judicial Network in criminal matters;
Amendment 1596 #
Proposal for a directive
Article 43 – paragraph 1 – point c
Article 43 – paragraph 1 – point c
(c) providing assistance to Union networks working on matters directly relevant toand sufficient funding to Union networks, umbrella organisations and EU-wide NGOs working on matters directly relevant to women's rights, sexual exploitation, gender-based violence, violence against women and domestic violence.
Amendment 1605 #
Proposal for a directive
Article 44 – paragraph 2 – introductory part
Article 44 – paragraph 2 – introductory part
2. The statistics shall include the following data collected at the level of law enforcement intervention and disaggregated by sex or gender, age of the victim and of the offender, relationship between the victim and the offender, the existence of a sexual violence dimension, whether the violence had a gendered motivation, other socio-demographic characteristics relevant for an intersectional analysis, and type of offence:
Amendment 1621 #
Proposal for a directive
Article 44 – paragraph 2 – point b
Article 44 – paragraph 2 – point b
(b) the annual number of such victims, of reported offences, of persons prosecuted for and convicted of such forms of violence, obtained from national administrative sources, of the type of penalties and/or measures applied; of termination of criminal proceedings and its reason; of acquittals of the offender and its reasons.
Amendment 1624 #
Proposal for a directive
Article 44 – paragraph 2 – subparagraph 1 (new)
Article 44 – paragraph 2 – subparagraph 1 (new)
In addition to those data, it is necessary to have general data on the number of complaints, the number and types of protection orders issued, the rates of dismissal and withdrawal of complaints, prosecution and conviction rates, the time taken for the disposal of cases, information on the sentences imposed on perpetrators and on reparations, including compensation, provided to victims, incidents reported to helplines or health and social services dealing with cases of violence against women.
Amendment 1626 #
Proposal for a directive
Article 44 – paragraph 2 – point b a (new)
Article 44 – paragraph 2 – point b a (new)
(ba) the number of victims who experienced violence, disaggregated by the ground or multiple grounds which motivated the offense.
Amendment 1636 #
Proposal for a directive
Article 44 – paragraph 5
Article 44 – paragraph 5
5. The European Institute for Gender Equality shall support Member States in the data gathering referred to in paragraph 2, point (b), including by establishing common standards on counting units, counting rules, common disaggregations, reporting formats, and on the classification of criminal offences. Non-governmental organisations working on preventing and tackling violence against women or domestic violence, including women's organisations, women's specialist support services and other specialist support services shall be involved (or consulted) in the development of the methodologies for surveys and administrative data collection regulated in this Article.
Amendment 1656 #
Proposal for a directive
Article 45 a (new)
Article 45 a (new)
Article 45a EU Coordinator on ending violence against women and all forms of gender- based violence Member States should facilitate the tasks of an EU coordinator, which should include improving coordination and ensuring coherent, evidence-based approaches in the implementation of the different legislative tools on violence against women and all forms of gender- based violence, between Union institutions, EU agencies, Member States, the Council of Europe and international actors, contributing to the development of existing or new Union policies and strategies relevant to ending the continuum of violence against women and girls and all forms of gender-based violence or reporting to the Union or international institutions. The coordinator will have a structured engagement with civil society organisations and women’s support services.