10 Amendments of Evin INCIR related to 2022/0066(COD)
Amendment 183 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 82(2), Article 83(1) and Article 83(1 (2) thereof,
Amendment 346 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Sexual harassment and harassment related to sex are generally prohibited at the national level in the framework of the implementation of the EU directives on gender equality. However, EU legislation has not proven sufficiently effective to combat these phenomena in practice, in particular with regards to sanctions. If these conducts are not sanctioned under the criminal law, victims will not benefit from the targeted protection that this directive offers. Article 83(2) TFEU allows for the establishment of minimum rules with regard to the definition of criminal offences. If the approximation of criminal laws of the member states proves essential to ensure effective implementation of a Union policy subject to harmonisation measures. The Equality Directives - Directive 2006/54/EC, Directive 2004/113/EC and Directive 2010/41/EU - have harmonized EU law concerning sexual harassment at work and in the provision of and access to goods and services. Considering that it has been found by the Legal Network that the existing provisions requiring Member States to prohibit such harassment and impose sanctions have not ensured an effective implementation of the Union’s policy against sexual harassment, such minimum rules are therefore needed in this area.
Amendment 464 #
Proposal for a directive
Recital 36
Recital 36
(36) In order to safeguard the effectiveness of emergency barring, restraining and protection orders, breaches of such orders should be subject to penalties. Those penalties can be of a criminal law or other legal nature and may include prison sentences, fines or any other legal penalty that is effective, proportionate and dissuasive. It is essential that victims are informed of any breach of protection orders. As this can increase risks and the need of further protection to be put in place, a renewed assessment shall immediately be made after a documented breach.
Amendment 554 #
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. Domestic violence often affects the victim´s performance at work due to stress and fear, and the perpetrators often prevent their partners or ex-partners from accessing their work place. In addition, victims will frequently need additional time away from work to attend medical appointments, legal proceedings or to make social arrangements such as searching for new accommodation. Measures shall therefore be implemented at national level to ensure that employers are prevented from discriminating or in any way disadvantaging victim workers in the immediate aftermath of the violence and due to the impact of factors that relate to the violence. For victims who seek safe haven in shelters to stay safe, the workplace can be a dangerous place, since perpetrators know where to find them. Victims shall therefore have the right to paid leave for appropriate duration.
Amendment 592 #
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, women suffering from addiction or older women, should receive specific protection and support.
Amendment 803 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Amendment 1145 #
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Any breaches of emergency barring or restraining and protection orders shall be subject to effective, proportionate and dissuasive criminal or other legal penalties. The Victim shall be informed of any breach of the protection orders and the competent authority should in such a situation immediately assess the possible risk of imminent harm and take the necessary protection measures.
Amendment 1392 #
Proposal for a directive
Article 32 a (new)
Article 32 a (new)
Article 32a Support for victims in employment 1. Member States shall, in consultation with the social partners, take measures to ensure that employers are prevented from dismissing, discriminating or in any way disadvantaging workers victims of domestic violence under article 4 b) as a result of the consequences of this violence. 2. Member States shall, in consultation with the social partners, ensure that victims of criminal conducts under article 4 a) and 4 b), who are residing in shelters or interim accommodation, have the right to paid leave of appropriate duration.
Amendment 1434 #
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, women suffering from addiction or older women.
Amendment 1588 #
Proposal for a directive
Article 42 – paragraph 1
Article 42 – paragraph 1
Member States shall facilitate the taking of self-regulatory measures by providers of intermediary services in connection to this Directive, in particular to reinforce internal mechanisms to tackl and facilitate technological solutions, in particular to detect, report and remove the online material referred to in Article 25(1) and to improve the training of their employees concerned on preventing, assisting and supporting the victims of the offences referred to therein.