34 Amendments of Daniel BUDA related to 2022/0066(COD)
Amendment 46 #
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, including cyberviolence, throughout the Union by means of education and awareness raising, including teaching programmes for young people and information campaigns. It does so by strengthening and introducing measures in the following areas: the definition of relevant criminal offences and penalties, the effective protection of victims and access to justice, victim support, prevention, coordination and cooperation. , ensuring effective collaboration between national, regional and local authorities and between EU Member States to combat violence against women and domestic violence.
Amendment 47 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) A revised legal framework is necessary to ensure a social climate adapted to our times. Unfortunately, crimes such as child rape, child pornography and indirect rape are becoming increasingly widespread throughout the Member States.
Amendment 48 #
Proposal for a directive
Recital 2
Recital 2
(2) Equality between women and men and non-discrimination are core values of the Union and fundamental rights enshrined, respectively, in Article 2 of the Treaty on European Union and in Articles 21 and 23 of the Charter of Fundamental Rights of the European Union (the ‘Charter’). Violence against women and domestic violence endanger these very principles, undermining women and girls’ rights to equality in all areas of life. The contribution made by discrimination and gender stereotypes to the perpetuation of violence against women and domestic violence must be recognised.
Amendment 49 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) This proposal covers both women and girls from all social backgrounds, regardless of age, religion, race, sexual orientation, social origin or migrant status. It can also apply to other victims of domestic violence, such as children, the elderly and men.
Amendment 50 #
Proposal for a directive
Recital 3
Recital 3
(3) Violence against women and domestic violence, including cyberviolence, violate fundamental rights such as the right to human dignity, the right to life and integrity of the person, the prohibition of inhuman or degrading treatment or punishment, the right to respect for private and family life, personal data protection, and the rights of the child, as enshrined in the Charter of Fundamental Rights of the European Union. The Directive must ensure that measures taken to combat violence against women and domestic violence comply with international human rights standards.
Amendment 51 #
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, the non- consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, online falsification, blackmail and threats, child pornography, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36and 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, consisting of behaviour that may include physical, sexual, emotional, psychological or economic abuse. The abuser may be a partner or family member and the victims may be adults or children. The aim of domestic violence is to control and dominate the partner or family members. _________________ 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 54 #
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 and cyberviolence. 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. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex or gender, in order to eliminate stereotypes and discrimination leading to violence against women.
Amendment 57 #
Proposal for a directive
Recital 6
Recital 6
(6) Due to their vulnerability, children who witnesare exposed to acts of violence, such as violence against women or domestic violence suffer a direct, are directly affected and suffer emotional harm, which impactdamages their personal and professional development. Therefore, such children should be considered victims and benefit from targeted protection measures. The Directive must state how the proposed measures are intended to help children recover from trauma and what will be done to prevent these children from becoming victims or perpetrators in the future.
Amendment 58 #
Proposal for a directive
Recital 7
Recital 7
(7) Violence against women is a persisting manifestation of structural discrimination against women, 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’. It is necessary to emphasise that violence against women, which is rooted in socially constructed roles, behaviours, activities and attributes, runs counter to the values of the European Union, which promote equality and respect for all citizens.
Amendment 62 #
Proposal for a directive
Recital 8
Recital 8
(8) Domestic violence is a serious social problem which often remains hidden, meaning that it is the responsibility of the authorities and society as a whole to combat domestic violence through preventive measures and through education. It can lead to serious psychological and physical trauma with severe medium and long-term consequences because the offender typically is a person known to the victims, whom they would expect to be able to trust. Such violence can take on various forms, including physical, sexual, psychological and economic. Domestic violence may occur whether or not the offender shares or has shared a household with the victim.
Amendment 63 #
Proposal for a directive
Recital 9
Recital 9
(9) In light of the specificities related to these types of crime it is necessary to lay down a comprehensive set of rulesand harmonised set of rules at European level, which addresses the persisting problem of violence against women and domestic violence, including cyberviolence directed at women, in a targeted and effective manner and caters to the specific short, medium and long-term needs of victims of such violence. The existing provisions at Union and national levels have proven to be insufficient to effectively combat and prevent violence against women and domestic violence, domestic violence and cyberviolence. In addition to legislative and victim protection measures, a holistic approach is needed that also addresses the underlying causes of this behaviour and promotes the European values of respect, responsibility and compassion in society. In particular, Directives 2011/36/EU and 2011/93/EU concentrate on specific forms of such violence, while Directive 2012/29/EU of the European Parliament and of the Council38 lays down the general framework for victims of crime. While providing some safeguards for victims of violence against women and domestic violence, it is not set out to address their specific needs. _________________ 38 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).
Amendment 68 #
Proposal for a directive
Recital 11
Recital 11
(11) Violence against women and domestic violence, including cyberviolence, can be exacerbated where it intersects with discrimination based on sex, sexual orientation, gender expression, migration status 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, stressing the importance of taking responsibility for tackling the prejudice and discrimination that contribute to the increased risk of domestic violence in these groups. 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 (LBTIQcyberviolence) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence.
Amendment 72 #
Proposal for a directive
Recital 12
Recital 12
(12) Victims of violence against women and domestic violence, including cyberviolence, are at an increased risk of intimidation, harassment, retaliation, secondary and repeat victimisation, having profound psychological effects and impacting on their social interactions and state of mind. Particular attention should thus be paid to these risks and to the need to protect the dignity and physical and mental integrity of such victims, requiring legal assistance, psychological counselling and shelters to ensure the safety of victims.
Amendment 75 #
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 active in public life, such as politicians, journalists and human rights defenders. It can have the effect of silencing women and hindering their societal participation on an equal footing with men as well as hampering their careers. 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 mental illness and even suicide.
Amendment 80 #
Proposal for a directive
Recital 26
Recital 26
(26) In order to tackle underreporting in the cases when the victim is a child, safe and child-friendly reporting procedures should be established based on the principle that the interests of the child are of paramount importance. This can include questioning by competent authorities in simple and accessible language.
Amendment 87 #
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 immediately, taking into account, among other matters, the individual circumstances of the victim. Such circumstances requiring extra special attention could include the victim’s pregnancy, the fact that the victim lives with the abuser or the victim’s dependence on or relationship to the offender.
Amendment 90 #
Proposal for a directive
Recital 45
Recital 45
(45) Assistance and support to victims of violence against women and domestic violence should be provided before, duringfrom the moment it is reported, during the criminal proceedings and for an appropriate period after the criminal proceedingsy have ended, for example where medical treatment is still needed to address the severe physical or psychological consequences of the violence, or if the victim’s safety is at risk in particular due to the statements made by the victim in those proceedings.
Amendment 93 #
Proposal for a directive
Recital 49
Recital 49
(49) Specialist support services, including shelters and rape crisis centres, shouldare to be considered essential during crises and states of emergency, including during health crises. These services should continue to be offer functionality of these services should be increased in these situations, where instances of domestic violence and violence against women tend to surge.
Amendment 102 #
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, religious or ethnic background, living in rural areas, women sex workers, detainees, or older women, should receive specific protection and support.
Amendment 103 #
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. Prevention should also take place , to set up programmes of national interest, to promote equal opportunities and to prevent and combat gender-based violence, to implement programmes to prevent and combat sexual violence, including cyberviolence, to establish psychological counselling centres for aggressors and to ensure their monitoring by specialised structures by means of electronic bracelets. Prevention should also take place in schools, through programmes to combat violence and bullying and in formal education, in particular, through strengthening sexuality education and socio-emotional competencies, empathy and developing healthy and respectful relationships.
Amendment 117 #
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Directive lays down rules to prevent and combat violence against women and domestic violence, including cyberviolence. It establishes minimum rules concerning:
Amendment 118 #
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) the rights of victims of all forms of violence against women, orf domestic violence beforor of cyberviolence, during or after criminal proceedings;
Amendment 122 #
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 phys, physical integrity and psychological integrity of victims.
Amendment 128 #
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, or in the course of, linked with, or in matters of analogous relations with employers, with the purpose or effect of violating the dignity of the victim, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment;
Amendment 134 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that a non-consensual act is understood as an act which is performed without the woman’s consent given voluntarily or, an act committed using coercion or an act where the woman is unable to form a free will due to her physical or mental condition, thereby exploiting her incapacity to form a free will, such as in a state of unconsciousness, intoxication, sleep, illness, bodily injury or disability or inability to defend herself.
Amendment 139 #
Proposal for a directive
Article 13 – paragraph 1 – point i
Article 13 – paragraph 1 – point i
(i) the offence resulted in the death or suicide of the victim, bodily injury of the victim or severe physical or psychological harm forto the victim;
Amendment 140 #
Proposal for a directive
Article 13 – paragraph 1 – point l a (new)
Article 13 – paragraph 1 – point l a (new)
(Ia) the offence was committed against a victim who was under the care, protection or guard of the offender or was being taught or treated by them;
Amendment 151 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that victims can report criminal offences of violence against women, orf domestic violence or of cyberviolence to the competent authorities in an easy and accessible manner. This shall include the possibility of reporting criminal offences online or through other information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.
Amendment 153 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
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, orf domestic violence or of cyberviolence have occurred, or that further acts of violence are to be expected, to report this to the competent authorities.
Amendment 158 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Where children report criminal offences of violence against women, orf domestic violence or of cyberviolence, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and language, in accordance with their age and maturity. If the offence involves the holder of parental responsibility, Member States should ensure reporting is not conditional upon this person’s consent.
Amendment 160 #
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, orf domestic violence or of cyberviolence 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 163 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Investigations into or prosecution of offences referred to in Article 5 shall not be dependent on reporting or accusation by a victim or by their representative, and, in cases where a report or accusation has been made, criminal proceedings shall continue even if the report or accusation has been withdrawn.
Amendment 175 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Member States shall ensure that the competent authorities can issue restraining or protection orders to provide genuine and effective long-term protection for victims or their dependants against any acts of violence covered by this Directive, including by prohibiting or restraining certain dangerous behaviour of the offender or suspect.
Amendment 177 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
Without prejudice to the rights of defence, Member States shall ensure thate protection, in criminal investigations and court proceedings, of the victim's right to privacy and, in particular, to personal integrity, with any questions, enquiries and evidence concerning past sexual conduct of the victim or other aspects of the victim’s private life related thereto are notnot being permitted.