Activities of Assita KANKO 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 (33)
Amendment 338 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Sexual assault typically takes place in a similar context to that of rape, namely a power imbalance between the offender and the victim. Like with rape, sexual assault violates the dignity and physical integrity of the victim. Member States' legislation on this matter varies widely. In order to ensure an equal minimum level of protection for women throughout the Union, it is necessary to provide the constitutive elements of the crime of sexual assault of women.
Amendment 353 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to address the irreparable and lifelong damage forced sterilization has on victims, this offence should be specifically and adequately addressed in Member States' criminal laws.
Amendment 412 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) It is important that Member States recognise the reality of forced marriages, marital captivity and even child marriages, which are particularly prevalent in certain communities. Such marriages are often first and foremost religious marriages. These marriages are often, but not always, legally recognised by their country of residence. Women and girls who find themselves trapped in such situations are particularly vulnerable to rape, sexual assault and other forms of violence against women. When these women and girls try to escape their situation, they are extremely vulnerable to domestic violence and other forms of violence, including so called "honour killings". It is important that sexual violence taking place in such situations is adequately recognised as rape or sexual assault, that the context is recognised as aggravating circumstance and that appropriate protection is offered to the victims.
Amendment 716 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) “domestic violence” means all acts of violence, or threats of such acts, that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering, that occur within the family or domestic unit, irrespective of biological or legal family ties, or between former or current spouses or partners, whether or not the offender shares or has shared a residence with the victim;
Amendment 740 #
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 with the purpose or effect of violating the dignity of the victim, and in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment;
Amendment 746 #
Proposal for a directive
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
(i) “age of sexual consent” means the age below which, in accordance with national law, it is prohibited to engage in sexual activities with a childthat person;
Amendment 764 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) causing a woman to engage with another person, or with herself, in any non- consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object.
Amendment 774 #
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 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, minor age or disability.
Amendment 781 #
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 or current or past relationship with the perpetrator.
Amendment 788 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5 a Sexual assault 1. Member States shall ensure that the following intentional conduct is punishable as a criminal offence: a) touching any part of a woman's body in a sexual way that does not fulfil the criteria of Article 5 and which is non- consensual; b) causing a woman to engage with another person in a sexual way that does not fulfil the criteria of Article 5 and which is non-consensual; c) breaching the physical integrity of a woman in any other way, including through forced procedures such as hymenoplasty. 2. Article 5, paragraphs 2 and 3 shall apply mutatis mutandis.
Amendment 805 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6 a Forced sterilisation Member States shall ensure that the following conduct is punishable as a criminal offence: a) performing surgery which has the purpose or effect of terminating a woman or girls' ability to naturally reproduce without her prior and informed consent and understanding of the procedure; b) coercing or procuring a woman or a girl to undergo the surgery referred to in point (a).
Amendment 810 #
Proposal for a directive
Article 6 b (new)
Article 6 b (new)
Article 6 b Sexual exploitation through the prostitution of others Member States shall ensure that the following conduct is punishable as a criminal offence: a) procuring, hiring, or enticing another person for the purposes of prostitution; b) obtaining any profit from the prostitution of another person.
Amendment 825 #
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) making intimate images, or videos or other material depicting sexual activities, of another person, without that person’s consent accessible to a multitude ofone or more end-users by means of information and communication technologies;
Amendment 834 #
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) producing or manipulating and subsequently making accessible to a multitude ofone or more end-users, by means of information and communication technologies, images, videos or other material, making it appear as though another person is engaged in sexual activities, without that person’s consent;
Amendment 843 #
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) threatening to engage in the conduct referred to in points (a) and (b), including in order to coerce another person to do, acquiesce or refrain from a certain act.
Amendment 848 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Member States shall ensure that the following intentional conduct is punishable as a criminal offence:
Amendment 860 #
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) making material containing the personal data of another person, without that person’s consent, accessible to a multitude ofone or more end-users, by means of information and communication technologies, for the purpose of inciting those end-users to cause physical or significant psychological harm to the person.
Amendment 864 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall ensure that the following intentional conduct is punishable as a criminal offence:
Amendment 872 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) initiating an attack with third parties directed at another person, by making threatening or insulting material accessible to a multitude ofone or more end-users, by means of information and communication technologies, with the effect of causing significant psychological harm to the attacked person;
Amendment 899 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall ensure that the criminal offence referred to in Articles 5 and 6b is punishable by a maximum penalty of at least 810 years of imprisonment and at least 105 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 904 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Member States shall ensure that an offender of the criminal offence referred to in Article 5, who has previously been convicted of offences of the same nature, mandatorily participates in an intervention programme referred to in Article 38, without delay.
Amendment 911 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that the criminal offence referred to in Articles 6 and 6a is punishable by a maximum penalty of at least 510 years of imprisonment and at least 715 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 919 #
Proposal for a directive
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Member States shall ensure that the criminal offences referred to in Articles 5a, 8 and 10 are punishable by a maximum penalty of at least 2 years of imprisonment.
Amendment 941 #
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 or severe physical or psychological harm for the victim or the victim's family members or dependants;
Amendment 955 #
Proposal for a directive
Article 13 – paragraph 1 – point o a (new)
Article 13 – paragraph 1 – point o a (new)
(o a) the offence was a so-called "honour crime";
Amendment 961 #
Proposal for a directive
Article 13 – paragraph 1 – point o c (new)
Article 13 – paragraph 1 – point o c (new)
(o c) the offence was intended to bring profit or gain;
Amendment 966 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Articles 5 and 6b of at least 20 years from the time when the offence was committed.
Amendment 968 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Article 5a of at least 5 years from the time when the offence was committed.
Amendment 974 #
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 Article 6 and 6a of at least 120 years from the time when the offence was committed.
Amendment 999 #
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 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 ensure that the victim is made aware, and adequate risk assessment and risk mitigation measures are taken, before steps are taken against the alleged perpetrator.
Amendment 1005 #
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 seriousn act of violence covered under this Directive has been committed or further serious acts of violence are to be expected.
Amendment 1492 #
Proposal for a directive
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Preventive measures shall be develop and/ored to increase sensitivity about the harmfudevastating and criminal practice of female genital mutilation.
Amendment 1581 #
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Member States shall cooperate with and consult relevant civil society organisations, including non-governmental organisations working with victims of violence against women or domestic violence and organisations representing specific groups or communities, 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.