Activities of Arba KOKALARI related to 2022/0066(COD)
Plenary speeches (1)
Combating violence against women and domestic violence (debate)
Amendments (17)
Amendment 484 #
Proposal for a directive
Recital 40
Recital 40
(40) Those measures should include, in particular, empowering national judicial authorities to issue orders to providers of intermediary services to remove, or also to disable access to, one or more specific items of the material in question. Those orders should be issued upon a sufficiently reasoned and substantiated request of the victim. Considering the speed with which such material can spread online and the time it can take to complete criminal proceedings against the persons suspected of having committed the relevant offences, it is necessary for the effective protection of the victims’ rights to provide for the possibility of issuing, subject to certain conditions, such orders by means of interim measures, even prior to the termination of such criminal proceedings. Where providers are not based within the territory of where a judicial order is granted, they will nevertheless be obliged to take down such material within the relevant territory.
Amendment 549 #
Proposal for a directive
Recital 52
Recital 52
(52) Member States should ensure that national helplines are operated under the EU-harmonised number [116016] or any other already existing number, 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 police. This specialist support helpline should be operated separately from other helpline(s) for victims of crime. Victims of violence against women and domestic violence, if calling a general victims helpline should be redirected to the specialist helpline operated under the EU-harmonised number for targeted counselling.
Amendment 684 #
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 grounds 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). In line with the principle of non-discrimination, in terms of protection of victims and access to justice, victim support, and prevention shall apply to all persons.
Amendment 846 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7 a Cyber voyeurism Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) Recording an intimate image of another person or observing another person, for the purposees of obtaining sexual gratification, without that person's consent by means of information and communication technologies; (b) Installing equipment of information and communication technologies in order to record intimate images of another person or observe another person, for the purposes of obtaining sexual gratification, without that person's consent;
Amendment 1003 #
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 or serious 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.
Amendment 1012 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Where children report criminal offences of violence against women or domestic violence, 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 offenceProfessionals trained in working with children should assist in the reporting procedure to ensure it is the best interests of the child. If the offence directly or indirectly involves the holder of parental responsibility, Member States should ensure reporting is not conditional upon this person’s consent.
Amendment 1025 #
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 and specialised 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 1063 #
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The individual assessment shall focus on the risk emanating from the offender or suspect, including the risk of repeated violence, the risk of bodily harm, the use of and access to weapons, the offender or suspect living with the victim, recent separation from an offender or suspect, an offender or suspect’s drug or alcohol misuse, child abuse, mental health issues including risk of suicide or behaviour of stalking.
Amendment 1126 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall ensure that, in situations of immediate danger for the victim’s or their dependant’s health or safety, the competent authorities issue orders addressed at an offender or suspect of violence covered by this Directive to vacate the residence of the victim or their dependants for a sufficient period of time and to prohibit the offender or suspect from entering the residence or to enter the victim’s workplace or contacting the victim or their dependants in any way. Such orders shall have immediate effect and not be dependent on a victim reporting the criminal offence, and can be complementary to other orders outlined below.
Amendment 1210 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shall take the necessary measures to ensure the prompt removal of material referred to in Article 7, points (a) and (b), Article 8, point (c), and Articles 9 and 10. Those measures shall include the possibility for their competent judicial authorities to issue, upon application by the victim, binding legal orders to remove or disable access to such material addressed to relevant providers of intermediary services, including in situations where the provider of intermediary services is not based on their territory.
Amendment 1224 #
Proposal for a directive
Article 25 – paragraph 6 a (new)
Article 25 – paragraph 6 a (new)
6a. Member States shall ensure that the non-compliance within a reasonable amount of time of the provider of intermediary services with the legal orders under paragraph 1 is sanctioned with effective, proportionate and dissuasive penalties.
Amendment 1230 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall ensure that victims and their dependents have the right to claim full compensation from offenders for damages resulting from all forms of violence against women or domestic violence.
Amendment 1383 #
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, place of residence or residence status. Specialised women's shelters shall be available in every region, with one family place per 10,000 head of population.
Amendment 1550 #
Proposal for a directive
Article 37 – paragraph 7 a (new)
Article 37 – paragraph 7 a (new)
7a. Procedures ensuring periodic and independent monitoring and evaluation of training outcomes and relevant follow up shall be put in place.
Amendment 1555 #
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 to prevent and minimise the risk of committing offences of violence against women or domestic violence, or reoffending. Particular attention shall be paid to a victim's safety during such programmes, where interaction is required or there is proximity.
Amendment 1646 #
Proposal for a directive
Article 44 – paragraph 7 a (new)
Article 44 – paragraph 7 a (new)
7a. The collection of data under paragraph 1 shall be implemented independently from other data collection obligations under international and Union law.
Amendment 1660 #
Proposal for a directive
Article 49 – paragraph 1
Article 49 – paragraph 1
Nothing in this Directive shall be construed as lowering, limiting or derogating from any of the rights and procedural safeguards that are guaranteed under binding international instruments for Member States and under the law of any Member State which provides a higher level of protection. Member States shall not lower that higher level of protection guaranteed at the time of entry into force of this Directive.