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29 Amendments of Andżelika Anna MOŻDŻANOWSKA related to 2022/0066(COD)

Amendment 243 #
Proposal for a directive
Recital 5
(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately affected by the forms of violence covered under this Directive, namely violence against women and domestic violence. This Directive, however, acknowledges that other persons may also fall victim to these forms of violence and should benefit from the measures provided for therein. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex or gender.
2023/02/02
Committee: LIBEFEMM
Amendment 264 #
Proposal for a directive
Recital 7
(7) Violence against women is a persisting manifestation of structural discrimination against women, resulting from historically unequal power relations between women and men. It is a form of gendersexual-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’.
2023/02/02
Committee: LIBEFEMM
Amendment 297 #
Proposal for a directive
Recital 11
(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. Member States should therefore pay due regard to victims affected by such intersectional discrimination, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gendersexual- based violence.
2023/02/02
Committee: LIBEFEMM
Amendment 393 #
Proposal for a directive
Recital 22
(22) The increase in internet and social media usage has led to a sharp rise in public incitement to violence and hatred, including based on sex or gender, over the past years. The easy, fast and broad sharing of hate speech through the digital word is reinforced by the online disinhibition effect, as the presumed anonymity on the internet and sense of impunity reduce people’s inhibition to engage in such speech. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offline. This needs to be intercepted at an early stage. The language used in this type of incitement does not always directly refer to the sex or gender of the targeted person(s), but the biased motivation can be inferred from the overall content or context of the incitement.
2023/02/02
Committee: LIBEFEMM
Amendment 616 #
Proposal for a directive
Recital 59
(59) Member States should take measures to prevent the cultivation of harmful gendersexual stereotypes to eradicate the idea of the inferiority of women or stereotyped roles of women and men. This could also include measures aimed at ensuring that culture, custom, religion, tradition or honour is not perceived as a justification for, or a more lenient treatment of, offences of violence against women or domestic violence. Considering that from a very young age onwards, children are exposed to gendersexual roles that shape their self-perception and influence their academic and professional choices as well as expectations of their roles as women and men throughout their life, it is crucial to address gendersexual stereotypes as of early-childhood education and care.
2023/02/02
Committee: LIBEFEMM
Amendment 635 #
Proposal for a directive
Recital 61
(61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gendersexual stereotypes, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.
2023/02/02
Committee: LIBEFEMM
Amendment 701 #
Proposal for a directive
Article 4 – paragraph 1 – point a
(a) “violence against women” means gender-based violence, that is directed against a woman or a girl because she is a woman or a girl or that affects women or girls disproportionately, including all acts of such violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life;
2023/02/02
Committee: LIBEFEMM
Amendment 712 #
Proposal for a directive
Article 4 – paragraph 1 – point b
(b) “domestic violence” means all acts of violence which constitutes a criminal offence in national law 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;
2023/02/02
Committee: LIBEFEMM
Amendment 728 #
Proposal for a directive
Article 4 – paragraph 1 – point c
(c) “victim” means any person, regardless of sex or gender, unless specified otherwise, who has suffered harm, which was directly caused by acts of violence covered under this Directive, and if applicable under national law, also including child witnesses of such indirect case of violence;
2023/02/02
Committee: LIBEFEMM
Amendment 826 #
Proposal for a directive
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 of end-users by means of information and communication technologies;
2023/02/02
Committee: LIBEFEMM
Amendment 835 #
Proposal for a directive
Article 7 – paragraph 1 – point b
(b) producing or manipulating and subsequently making accessible to a multitude of 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;
2023/02/02
Committee: LIBEFEMM
Amendment 885 #
Proposal for a directive
Article 10 – paragraph 1
Member States shall ensure that the intentional conduct of inciting to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex or gender, by disseminating to the public material containing such incitement by means of information and communication technologies is punishable as a criminal offence.
2023/02/02
Committee: LIBEFEMM
Amendment 898 #
Proposal for a directive
Article 12 – paragraph 2
2. Member States shall ensure that the criminal offence referred to in Article 5 is punishable by a maximum penalty of at least 8 years of imprisonment and at least 10 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.deleted
2023/02/02
Committee: LIBEFEMM
Amendment 908 #
Proposal for a directive
Article 12 – paragraph 4
4. Member States shall ensure that the criminal offence referred to in Article 6 is punishable by a maximum penalty of at least 5 years of imprisonment and at least 7 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.deleted
2023/02/02
Committee: LIBEFEMM
Amendment 917 #
Proposal for a directive
Article 12 – paragraph 5
5. Member States shall ensure that the criminal offences referred to in Articles 8 and 10 are punishable by a maximum penalty of at least 2 years of imprisonment.deleted
2023/02/02
Committee: LIBEFEMM
Amendment 921 #
Proposal for a directive
Article 12 – paragraph 6
6. Member States shall ensure that the criminal offences referred to in Articles 7 and 9 are punishable by a maximum penalty of at least 1 year of imprisonment.deleted
2023/02/02
Committee: LIBEFEMM
Amendment 964 #
Proposal for a directive
Article 15 – paragraph 2
2. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Article 5 of at least 20 years from the time when the offence was commitdeleted.
2023/02/02
Committee: LIBEFEMM
Amendment 970 #
Proposal for a directive
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 of at least 10 years from the time when the offence was commitdeleted.
2023/02/02
Committee: LIBEFEMM
Amendment 975 #
Proposal for a directive
Article 15 – paragraph 4
4. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Articles 7 and 9 of at least 5 years after the criminal offence has ceased or the victim has become aware of it.deleted
2023/02/02
Committee: LIBEFEMM
Amendment 978 #
Proposal for a directive
Article 15 – paragraph 5
5. Member States shall take the necessary measures to provide for a limitation period for the criminal offences referred to in Articles 8 and 10, of at least 7 years after the criminal offence has ceased or the victim has become aware of it.deleted
2023/02/02
Committee: LIBEFEMM
Amendment 1170 #
Proposal for a directive
Article 23 – paragraph 1 – point c
(c) how to treat victims in a trauma-, gendersexual- and child-sensitive manner;
2023/02/02
Committee: LIBEFEMM
Amendment 1180 #
Proposal for a directive
Article 23 – paragraph 1 – point f
(f) how to avoid gendersexual stereotypes;
2023/02/02
Committee: LIBEFEMM
Amendment 1200 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point c
(c) exchange available information with corresponding European bodies such as the European Institute for Gender Equality.deleted
2023/02/02
Committee: LIBEFEMM
Amendment 1277 #
Proposal for a directive
Article 27 – paragraph 1 a (new)
1a. Member States shall ensure that a victim of violence has full access to assistance measures, including in particular psychological support, a defense lawyer and an interpreter in the mother tongue at every stage of the process from the moment of reporting a case of violence;
2023/02/02
Committee: LIBEFEMM
Amendment 1484 #
Proposal for a directive
Article 36 – paragraph 5
5. Preventive measures shall in particular aim at challenging harmful gendersexual stereotypes, promoting equality between women and men, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.
2023/02/02
Committee: LIBEFEMM
Amendment 1512 #
Proposal for a directive
Article 37 – paragraph 1
1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim support and restorative justice services, healthcare professionals, social services, educational and other relevant staff, receive both general and specialist training and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of violence against women or domestic violence and to treat victims in a trauma-, gendersexual- and child- sensitive manner.
2023/02/02
Committee: LIBEFEMM
Amendment 1635 #
Proposal for a directive
Article 44 – paragraph 4
4. In order to ensure administrative data comparability across the Union, Member States shall collect administrative data on the basis of common disaggregations developed in cooperation with and according to the methodology developed by the European Institute for Gender Equality in accordance with paragraph 5. They shall transmit this data to the European Institute for Gender Equality on a yearly basis. The transmitted data shall not contain personal data.
2023/02/02
Committee: LIBEFEMM
Amendment 1639 #
Proposal for a directive
Article 44 – paragraph 5
5. The European Institute for Gender Equality shall support Member States in the data gathering referred to in paragraph 2, point (b), including by recommending establishinged common standards on counting units, counting rules, common disaggregations, reporting formats, and on the classification of criminal offences.
2023/02/02
Committee: LIBEFEMM
Amendment 1640 #
Proposal for a directive
Article 44 – paragraph 5
5. The European Institute for Gender Equality shall support Member States in the data gathering referred to in paragraph 2, point (b), including by establishing common standards on counting units, counting rules, common disaggregations, reporting formats, and on the classification of criminal offences.
2023/02/02
Committee: LIBEFEMM