11 Amendments of David LEGA related to 2022/0066(COD)
Amendment 214 #
Proposal for a directive
Recital 3
Recital 3
(3) Violence against women and domestic violence 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 UN Convention on the Rights of the Child and its General comment No. 25 in relation to the digital environment
Amendment 321 #
Proposal for a directive
Recital 14
Recital 14
(14) Rape should explicitly include all types of sexual penetration, with any bodily part or object, including when performed online by the victims themselves as a result of coercion such as cases of sextortion. 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.
Amendment 398 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) Young people and children are increasingly connected at earlier age, and women and girls are at greater risk of encountering, being subjected to or targeted by cyber violence, involving new technologies. Gender-based violence can be perpetuated with greater ease and at greater scale online, using a range of online communications channels and tools, including social media, web content, discussion sites, dating websites, comment sections, and gaming chat rooms. The root causes of gender-based violence must be addressed. Common digital design features, either alone or in combination, can contribute to the replication of existing discriminatory practices and stereotypes, to the normalisation of gender-based violence, with a particular impact on norm creation in childhood.
Amendment 409 #
Proposal for a directive
Recital 25
Recital 25
(25) In the case of domestic violence and violence against women, especially when committed by close family members or intimate partners, victims may be under such duress by the offender that they fear to reach out to the competent authorities, even if their lives are in danger. Therefore, Member States should ensure their confidentiality rules do not constitute an obstacle for relevant professionals, such as healthcare professionals, to report to the competent authorities, where they have reasonable grounds to believe that the life of the victim is at an imminent risk of serious physical harm. Similarly, instances of domestic violence or violence against women affecting children are often only intercepted by third parties noticing irregular behaviour or physical harm to the child. Children need to be effectively protected from such forms of violence also when they are witness of violence, given the long-lasting detrimental consequences it has on children, and adequate measures promptly taken. Therefore, relevant professionals coming in contact with child victims or potential child victims, including healthcare or education professionals, should equally not be constrained by confidentiality where they have reasonable grounds to believe that serious acts of violence under this Directive have been committed against the child or further serious acts are to be expected. Where professionals report such instances of violence, Member States should ensure that they are not held liable for breach of confidentiality.
Amendment 607 #
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 in formal education, in particular, through strengthening comprehensive and age- appropriate sexuality education and socio- emotional competencies, empathy and developing healthy and respectful relationships.
Amendment 625 #
Proposal for a directive
Recital 60 a (new)
Recital 60 a (new)
(60a) Member states should ensure the full implementation of the rights of the child in the digital environment, including their rights to a high level of safety, privacy and security by design and default, and ensure that providers and operators of digital products or services likely to be accessed by children take the necessary measures to prevent, mitigate or minimise risks of violence against women and girls and domestic violence.
Amendment 1084 #
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 victim protection centres and women’s shelters and children's specialised services, social services and healthcare professionals.
Amendment 1215 #
Proposal for a directive
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
(b) the removal of that material is necessary to prevent or limit significant harm to the victim and further dissemination, thereby preventing revictimization;
Amendment 1397 #
Proposal for a directive
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Child victims shall be provided with age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of domestic violence. Child victims of sexual exploitation and abuse online shall be provided with adequate reporting mechanisms to trusted flaggers, including the EU Centre to prevent and combat child sexual abuse as per article 40 of the Proposal for a Regulation laying down rules to prevent and combat child sexual abuse [2022/0155 (COD)] and have access to specific support mechanisms;
Amendment 1460 #
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Preventive measures shall include awareness-raising campaigns, research and education programmes, including age- appropriate and comprehensive sexuality education and early intervention programmes, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholders.
Amendment 1504 #
Proposal for a directive
Article 36 a (new)
Article 36 a (new)
Article 36a Safety By Design 1. Member States shall ensure providers and operators of digital products or services likely to be accessed by children take measures to prevent, mitigate or minimise any risks their product or service may pose to gender equality and the safety of women and children; 2. Member States shall ensure providers of digital products or services likely to be accessed by children ensure a high level of safety, privacy and security by design and default for child users.