30 Amendments of Ewa KOPACZ related to 2019/2166(INI)
Amendment 2 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
— having regard to the Directive 2012/29/EU of 25 October 2012 on establishing minimum standards on the rights, support and protection of victims of crime (the Victims‘ Rights Directive),
Amendment 59 #
Motion for a resolution
Recital C
Recital C
C. whereas intimate partner violence refers to any act of physical, sexual, psychological or economic violence that occurs between former or current spouses or partners, whether or not the perpetrator shares or has shared a residence with the victim; whereas intimate partner violence is one of the most prevalent forms of gender-based violence, with an estimated 22 % of women having experienced physical and/or sexual violence, and 43 % having experienced psychological violence by their partner6 ; whereas women and children are disproportionately affected by this type of violence; whereas domestic violence is a serious and often long-term and hidden social problem that can causes systematic physical and/or psychological trauma with serious consequences for the victims, as the perpetrator is a person the victim should be able to trust; _________________ 6FRA report of 3 March 2014 entitled ‘Violence against women: an EU-wide survey’.
Amendment 64 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. Whereas the rates of intimate partner violence in rural and remote communities are even greater than those in urban areas; whereas women of rural and remote areas experience higher rates of intimate partner violence and greater frequency and severity of physical, psychological and economical abuse which is intensified by the fact that they reside farther away from available resources and services where they would be able to find assistance; whereas poor understanding of domestic violence by health, social and legal services in rural and remote regions can be identified as a significant problem for survivors of intimate partner violence;
Amendment 66 #
Motion for a resolution
Recital C d (new)
Recital C d (new)
C d. Whereas 30% of women who have experienced sexual victimization by a former or current partner also experienced sexual violence in childhood, and whereas 73 % of mothers who have been victims of physical and/or sexual violence by a partner indicate that at least one of their children has become aware of such violence taking place 1a; _________________ 1aFRA ”Violence against women: An EU Wide Survey” (2014) https://fra.europa.eu/sites/default/files/fra -2014-vaw-survey-at-a-glance- oct14_en.pdf
Amendment 67 #
Motion for a resolution
Recital C e (new)
Recital C e (new)
C e. Whereas the economic violence against women, in the form of, for example, property damage, restricting access to financial resources, education or the labour market, or not complying with economic responsibilities such as alimony, deserves as well due attention, as hampering the financial independence and the family wealth going hand in hand with the other forms of violence, and resulting in an additional trap for victims; this combined with the fact that economic and social stresses are exacerbating factors leading to an increase in violence, making it more difficult for women to leave abusive partners;
Amendment 94 #
Motion for a resolution
Recital F
Recital F
F. whereas, in order to address the issue of the eradication of gender-based violence, it is necessary to rely on consistent and comparable administrative data, based on a robust and coordinated framework of data collection; whereas the current available data collected by the Member States’ law enforcement and justice authorities fail to reflect the full extent of intimate partner violence, as most and its impact and long-term effect on both women and children, as for example some Member States neither collect gender- segregated comparable data on gender- based violence nor do they recognise intimate partner violence as a specific offence, which makes the grey zone representing the real prevalence and incidence of intimate partner violence significantly unquantified and unmapped;
Amendment 123 #
Motion for a resolution
Recital J
Recital J
J. whereas it is preferable to avoid all mediationnecessary to ensure that the safety and protection of victims is given primary consideration in family law cases, alternative dispute resolution mechanism, such as mediation, should not be used in cases ofwhere violence against women and children is present, either before or during the judicial process, where the safety of the victim needs to be the primary considerationedings, in order to avoid further harm to the victims;
Amendment 134 #
Motion for a resolution
Recital L
Recital L
L. whereas shared custody in situations of intimate partner violence exposes women and in consequence children to a continuum of preventable violence, by forcing them to stay in geographical proximity to their abusers, and subjecting them to further exposure to physical and psychological violence, as well as emotional abuse; whereas, in cases of intimate partner violence, the right of women and children to be protected and live a life free of physical and psychological violence should take precedence over the preference for shared custody;
Amendment 137 #
L a. whereas it is therefore essential to give due attention to this type of violence while deciding on separation and provisional custody arrangements; whereas the courts of the Member States should ensure a comprehensive assessment under the "best interest of the child" principal, to determine custody and visitation rights with all relevant services and psychological support;
Amendment 138 #
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. Whereas the victims that are not financially independent are often forced to stay with their perpetrator within the same residence to avoid financial insecurity, homelessness or poverty and this tendency was lately enhanced through the COVID-19 pandemic;
Amendment 141 #
Motion for a resolution
Recital M
Recital M
M. whereas intimate partner violence is inherently interlinked with violence against children and child abuse; whereas children who are exposed to domestic violence are likely to suffer negative mental and physical health consequences that could be acute and chronic in nature; whereas child victimisation in situations of violence against women may continue and escalate in the context of parental disputes over custody and care; ren who grow up in violent home are more likely to become victims of child abuse, to have behavioural and psychological problems, learning disorders, limited social skills, may exhibit violent, risky or delinquent behaviour, suffer from depression, severe anxiety; whereas child victimisation in situations of violence against women may continue and escalate in the context of parental disputes over custody and care; whereas the mental health and wellbeing of children has deteriorated due to containment measures undertaken because of COVID-19; whereas the level of mental health services for children differs significantly between Member States and in many is not sufficient;
Amendment 144 #
Motion for a resolution
Recital M
Recital M
M. whereas intimate partner violence is inherently interlinked with violence against children and child abuse; whereas children who are exposed to domestic violence are likely to suffer negative mental and/or physical health consequences that could be acute and chronic in nature; whereas child victimisation in situations of violence against women may continue and escalate in the context of parental disputes over custody and care;
Amendment 145 #
Motion for a resolution
Recital N
Recital N
N. whereas growing up in a violent domestic environment has importantvery negative implications for the child’s development and subsequent behaviour as an adult; whereas exposure to violence as a child, either through experiencing maltreatment and/or witnessing partner violence, constitutes a risk factor for becoming vulnerable to victimisation or committing violence as an adult;
Amendment 151 #
Motion for a resolution
Recital O
Recital O
O. whereas transnational separationcross-border separation, divorce and custody proceedings are more complex in nature;
Amendment 162 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Strongly condemns all forms of violence against women and deplores the fact that womin particular women and children continue to be exposed to intimate partner violence which constitutes a serious violation of their human rights and dignity;
Amendment 189 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that, in principle, shared custody and unsupervised visits are desirable in order to ensure that parents enjoy equal rights and responsibilities, as well as to safeguard the best interests of the child and the child right to maintain a meaningful relationship with both parents; underlines, however, that intimate partner violence is clearly incompatible with shared custody and care, owing to its severe consequences for women and children, including the risk of extreme acts of femicide and infanticide; stresses that when establishing the arrangements foron custody allocationnd access and visitation rights, the protection of women and children from violence and the best interests of the child must be paramount and should take precedence over other criteria; stresses, therefore, that awarding exclusive custody to the non-violent partner, most frequently the mother, represents the best alternative in order to prevent further violence and secondary victimisation of the victims;
Amendment 201 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for mandatory targeted training for judicial andry, legal professionals, law enforcement officers, social service workers, teachers and child carer about domestic violence and its mechanisms, including coercion, manipulation and psychological violence, and about the relevance of intimate partner violence to children’s rights, and to their protection and well-being, as well as to provide adequate skills to enable the officerbest communicate with and support the victims and enable these professionals to assess the situation using reliable risk assessment tools;
Amendment 212 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Strongly recommends that Member States establish specialised courts and judicial officechambers, as well as appropriate laws, training, procedures and guidelines for all professionals dealing with the victims of intimate partner violence, including raising awareness of gender-based violence, in order to avoid discrepancies between judicial decisions and discrimination or secondary victimisation during judicial, medical and police proceedings, ensuring that children and women are duly heard and their protection is given priority; emphasises the need to strengthen dedicated judicial officecourts and chambers and child and female victim- friendly justice, limiting the excessive discretionary powers of practitioners and establishing checks on child custody procedures in cases of such violence by qualified professional figures;
Amendment 246 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States, in cooperation with Eurostat, to provide quality, gender- segregated and comparable EU-wide data on the prevalence, causes, consequences and management of intimate partner violence and custody rights, making full use of the capacity and expertise of the EIGE;
Amendment 254 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission and Member States to enhance the cooperation in order to take measures that empower the victims of intimate partner violence to come forward and report the crime as in many cases the intimate partner violence remains unreported;
Amendment 288 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to promote and guarantee better access to legal protection, effective hmearings andsures such as restraining orders,; counselling and victim funds for women victims of intimate partner violence, and to apply particular procedures and give support to mothers who are victims of domestic violence, in order to prevent them from becoming victims again as a result of losing custody of their childalls on the Member States to ensure victims of intimate partner violence have access to phycological support and counselling at every stage of the legal procedurens;
Amendment 294 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls on the Member States to guarantee support for mothers and their children who are victims of domestic violence by means of community, educational and financial support, such as victim funds for women victims of domestic violence, in order to ensure they have necessary skills and means to care for their children and prevent them from becoming victims of violence again or from losing the custody over their children;
Amendment 313 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to promote EU-wide public awareness campaigns as a necessary measure in the prevention of domestic violence and the creation of a climate of zero tolerance towards violence; calls on the Commission to facilitate the exchange of best practices at European level on prevention, protection, combating and prosecution measures as well as exchange of best practices in their practical implementation; taking into account the specificity of the covid crisis to also focus on the impact on children;
Amendment 319 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to promote EU-wide public awareness and educational campaigns as a necessary measure in the prevention of domestic violence and the creation of a climate of zero tolerance towards violence;
Amendment 326 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Member States to implement correctly the EU Victims´ Rights Directive, so that victims of intimate partner violence get full access to a range of support services ideally across the territory of the Member State;
Amendment 329 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Commission and on the Council to include violence against women and children and other forms of gender-based violence in the catalogue of EU recognised crimes;
Amendment 334 #
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
Amendment 335 #
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11 d. Calls on the Member States to provide access to affordable legal services and tailored services and responses to specific contexts in which the intimate partner violence occurs in rural areas; highlights the need to create networks between different services and programs in order to successfully combat the cases of domestic violence against women in rural and remote regions; calls for more community education and awareness raising as well as training and education on intimate partner violence in police and social services in rural and remote areas stressing the importance of education in informing and supporting children as well as programmes for conflict resolution, positive role models and cooperative play;
Amendment 357 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the need to recognise the interconnectedness of criminal, civil and other legal proceedings in order to coordinate the judicial responses to intimate partner violence and to avoidsuggests therefore to the Member States to foresee measures that link the criminal and the civil case of one family, so that discrepancies between judicial decisions that are harmful to children and women victims can be avoided;
Amendment 368 #
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14 c. Calls therefor the European Commission to work closely with the Member States to identify practical problems linked with alimony collection in cross-border situations and to develop tools to effectively enforce payment obligations; stresses the importance of the issue and its consequences on single parent families and the risks of poverty;