Activities of Sylwia SPUREK related to 2016/0062R(NLE)
Plenary speeches (1)
Council of Europe Convention on preventing and combating violence against women and domestic violence: EU accession (continuation of debate)
Shadow reports (1)
INTERIM REPORT on the proposal for a Council decision on the conclusion, by the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence
Amendments (60)
Amendment 3 #
Motion for a resolution
Citation 5
Citation 5
— having regard to the Treaty on the European Union (TEU), in particular Articles 2 and 3 thereof, of the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), in particular, Articles 8, 10, 19, 83, 153 and 157 of thereof the Treaty on the Functioning of the European Union (TFEU),
Amendment 6 #
Motion for a resolution
Citation 11
Citation 11
— having regard to the judgementscase law of the European Court of Human Rights in case(ECtHR), and in particular, the judgements on domestic violence and violence against women, in particular Opuz v Turkey7 , Y and Others v Bulgaria8 , Landi v Italy9 , M.C. v Bulgaria10 , and J.L. v Italy11 , _________________ 10 https://hudoc.echr.coe.int/fre#%7B%22ite mid%22:[%22003-883968- 908286%22]%7D 11 https://hudoc.echr.coe.int/fre#%7B%22dis play%22:[2],%22itemid%22:[%22002- 13282%22]%7D 7 https://hudoc.echr.coe.int/fre#{%22itemid %22:[%22002-1449%22]} 8 https://hudoc.echr.coe.int/fre#{%22itemid %22:[%22001-86875%22]} 9 https://hudoc.echr.coe.int/fre#{%22itemid %22:[%22002-13632%22]}
Amendment 8 #
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to the issue paper of the Council of Europe’s Commissioner for Human Rights of 4 December 2017 entitled ‘Women’s sexual and reproductive health and rights in Europe’,
Amendment 9 #
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
— having regard to the Vienna Convention on the Law of Treaties of 23 May 1969, and in particular, Articles 11, 12, 26 and 27 thereof,
Amendment 11 #
Motion for a resolution
Citation 12
Citation 12
— having regard to the Council of Europe Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) baseline evaluation reports and in particular, the reports on Austria, Belgium, Denmark, Finland, France, Italy, Malta, Netherlands, Poland, Portugal, Romania, Slovenia, Spain and Sweden, including the lists of proposals and suggestions made by GREVIO and recommendations by the Committee of the Parties,
Amendment 16 #
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
— having regard to the Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women on 15 September 1995, and to the subsequent outcome documents adopted at the United Nations Beijing +5 (2000), Beijing +10 (2005), Beijing +15 (2010) and Beijing +20 (2015) special sessions,
Amendment 22 #
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
— having regard to the provisions of the UN legal instruments in the sphere of human rights, in particular those concerning women’s rights,
Amendment 25 #
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
Amendment 37 #
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
— having regard to the Commission communication of 24 June 2020 entitled ‘EU Strategy on victims’ rights (2020- 2025)’,
Amendment 38 #
Motion for a resolution
Citation 17 b (new)
Citation 17 b (new)
— having regard to the Commission communication of 12 November 2020 entitled ‘Union of Equality: LGBTIQ Equality Strategy 2020-2025’,
Amendment 39 #
Motion for a resolution
Citation 17 c (new)
Citation 17 c (new)
— having regard to the Commission communication entitled ‘A long-term Vision for the EU's Rural Areas - Towards stronger, connected, resilient and prosperous rural areas by 2040’ (COM/2021/345),
Amendment 40 #
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
— having regard to its resolution of 13 February 2019 on experiencing a backlash in women’s rights and gender equality in the EU 1a, _________________ 1a OJ C 449, 23.12.2020, p. 102
Amendment 41 #
Motion for a resolution
Citation 21 b (new)
Citation 21 b (new)
— having regard to its resolution of 28 November 2019on the EU’s accession to the Istanbul Convention and other measures to combat gender-based violence 1a, _________________ 1a OJ C 232, 16.6.2021, p. 48
Amendment 42 #
Motion for a resolution
Citation 21 c (new)
Citation 21 c (new)
— having regard to its resolution of 21 January 2021 on the EU Strategy for Gender Equality 1a, _________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2021-0025_EN.html
Amendment 43 #
Motion for a resolution
Citation 21 d (new)
Citation 21 d (new)
— having regard to its resolution of 11 February 2021on challenges ahead for women’s rights in Europe: more than 25 years after the Beijing Declaration and Platform for Action 1a, _________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2021-0058_EN.html
Amendment 45 #
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
Amendment 57 #
Motion for a resolution
Recital A
Recital A
A. whereas gender equality is a core value of the EU, enshrined in Article 2 of TEU and stressed in Article 23 of the Charter of Fundamental Rights, and must be mainstreamed in EU activities, programmes; whereas the eradication of gender-based violence against women and girls is a prerequisite to achieving real gender equality;
Amendment 65 #
Motion for a resolution
Recital B
Recital B
B. whereas gender-based violence against women and girls is a severe form of gender inequality and discriminationis both a cause and a consequence of the structural inequalities which are rooted in gender stereotypes, hetero-patriarchal structures and power asymmetries; whereas gender-based violence, both online and offline, is the most severe manifestation of gender inequality and discrimination, a pervasive human rights violation, and has a severe impact on victims, which may result in lasting physical, sexual, emotional or psychological harm or economic and financial damage;
Amendment 71 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas women and girls in all their diversity are particularly targeted by gender-based violence; whereas LGBTIQ+ persons are victims of gender- based violence because of their gender, gender identity, gender expression or sex characteristics; whereas intersectional forms of discrimination, including discrimination based on race, language, religion, belief, national or social origin, belonging to a national or ethnic minority, birth, sexual orientation, age, state of health, disability, marital status or migrant or refugee status can exacerbate the consequences of gender-based violence;
Amendment 73 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas the Istanbul Convention stipulates that all its provisions, in particular measures to protect the rights of victims, ‘shall be secured without discrimination on any ground such as sex, gender, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, sexual orientation, gender identity, age, state of health, disability, marital status, migrant or refugee status, or other status’;
Amendment 75 #
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. whereas the present decade is witnessing a visible and increasing organised offensive against gender equality, women’s rights and the rights of LGBTIQ+ persons, which is particularly manifested in a number of Member States; which has the consequence of a visible increase in online and offline violence against women and LGBTIQ+ persons;
Amendment 76 #
Motion for a resolution
Recital B d (new)
Recital B d (new)
B d. whereas the level of gender equality is often indicative and serves as a first warning of the deteriorating situation of fundamental rights and values, including democracy and rule of law, in a given society; whereas efforts to restrict or undermine women’s rights and gender- equality are frequently a sign of broader societal conflict;
Amendment 80 #
Motion for a resolution
Recital C
Recital C
C. whereas recently the estimated cost of gender-based violence and intimate partner violence in the European Union have increased by around one third, and the estimated costs of gender-based violence is EUR 366 billion per year23 ; _________________ 23 European Institute for Gender Equality, ‘The costs of gender-based violence in the European Union’, Publications Office of the European Union, Luxembourg, 2021.
Amendment 87 #
Motion for a resolution
Recital D
Recital D
D. whereas gender-based violence against women and girls can affect many fundamental rights enshrined in the Charter; whereas it is important to acknowledge and address structural and institutional violence, which can be defined as the subordination of women in economic, social and political life, when attempting to explain the prevalence of violence against women within our societies;
Amendment 104 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Amendment 108 #
Motion for a resolution
Recital F
Recital F
F. whereas the lack of effectiveness and speediness of prosecution and the judicial systems, as well as the lack of trust in law enforcement and the lack of adequate social and medical services are frequent reasons for the non- reporting of gender-based violence; whereas, in many cases, the victim can be subjected to degrading comments, repeated exposure of the victim to the perpetrator, victim blaming and repeated interrogation about the same facts, by law enforcement officials or police, which exacerbates their fear of reporting the violence, motivating secondary forms of victimisation;
Amendment 115 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the structural context of discrimination and inequality hinders that victims of gender-based violence have equal access to victim support and justice; whereas specific groups subject to gender- based violence such as racialized women, women with disabilities, migrant women and LGBTIQ+ persons, face additional barriers to accessto justice;
Amendment 120 #
Motion for a resolution
Recital G
Recital G
G. whereas the UN Committee on the Elimination of Discrimination against Women (CEDAW) defines gender-based violence as violence which is directed against a woman because she is a woman or that affects women disproportionately; whereas CEDAW underlines that gender- based violence is a form of discrimination that seriously inhibits women’s ability to exercise rights and freedoms on a basis of equality with men and thus a violation of their human rights;
Amendment 122 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas impunity for the perpetrators of crimes against women still persists and must be eradicated by ensuring that perpetrators are prosecuted and receive appropriate penalties, and that women and girls who are survivors of violence receive the needed support and recognition from the judicial system especially in the case of those living in rural areas where protection services for victims do not exist or are very limited; whereas it is fundamental to provide tailored training for practitioners and law enforcement officers, including judges, public prosecutors, judicial staff, forensic experts, service providers, workplace managers and other professionals dealing with victims of gender-based violence;
Amendment 127 #
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas the denial of sexual and reproductive health and rights is a form of violence against women and girls, and stresses that the ECtHR has ruled on several occasions that restrictive abortion laws and lack of implementation violates the human rights of women, and hence it constitutes a form of gender-based violence;
Amendment 139 #
Motion for a resolution
Recital I
Recital I
I. whereas the Istanbul Convention is a unique tool to combat gender-based violence at European level and beyond; whereas it aims at prevention of violence, victim protection and ending impunity of perpetrators;
Amendment 146 #
Motion for a resolution
Recital J
Recital J
J. whereas the Istanbul Convention, in its Article 3, defines ‘gender-based violence’ as ‘violence that is directed against a woman because she is a woman or that affects women disproportionately’, and furthermore also defines ‘gender’ as ‘the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men’, which recalls that many forms of gender-based violence are rooted in power inequalities;
Amendment 152 #
Motion for a resolution
Recital L
Recital L
L. whereas the accession of all Member States to the Istanbul Convention would support a coordinated approach in fighting violence against womengender-based violence, together with existing or future related measures at EU level;
Amendment 156 #
Motion for a resolution
Recital M
Recital M
M. whereas all Member States have signed the Istanbul Convention, but only 21 have ratified it, the 6 remaining Member States who have not being Bulgaria, Czechia, Hungary, Latvia, Lithuania, Slovakia; whereas the EU’s accession to the Convention does not exempt Member States from national ratification;
Amendment 165 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the EU’s signature of the Istanbul Convention on 13 June 2017; notes that the legal uncertainty caused by the limitation of the scope of the EU’s future accession to certain provisions of the Convention, namely matters related to judicial cooperation in criminal matters, asylum and non-refoulement, as well as the concerns regarding the internal procedure in view of the ratification of the Convention were answered in the Court of Justice of the European Union (CJEU) Opinion of 6 October 2021; regrets, however, that despite the fact that there are no legal obstacles for the Council to proceed to the ratification of the Convention, as a qualified majority is sufficient to adopt the Convention, it has not ratified the Convention to this date; shares the opinion from the CJEU that the political discretion from the Council is not ‘unlimited’; urges the Council not to delay the EU accession to the Istanbul Convention any longer;
Amendment 168 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Reiterates its call on the Council to urgently conclude the EU ratification of the Istanbul Convention on the basis of a broad accession without any limitations, and to advocate its ratification by all the Member States;
Amendment 169 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. calls on the Council and the Commission to ensure the full integration of the Convention into the EU legislative and policy framework;
Amendment 170 #
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Recalls that the EU accession to the Istanbul Convention does not exempt Member States from national ratification of the Convention; points out that while all Member States have already signed the Istanbul Convention, six (Bulgaria, Czechia, Hungary, Latvia, Lithuania, Slovakia) have not ratified it yet; calls on the Member States to speed up negotiations on the ratification and implementation of the Istanbul Convention and calls, in particular, on Bulgaria, Czechia, Hungary, Latvia, Lithuania, Slovakia that have signed but not ratified the Convention to do so without delay;
Amendment 171 #
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2 d. Strongly condemns the attempts in some Member States to revoke measures already taken in implementing the Istanbul Convention and in combating violence against women;
Amendment 172 #
Motion for a resolution
Paragraph 2 e (new)
Paragraph 2 e (new)
2 e. Having in mind the backlash against women's rights and the Istanbul Convention in some Member States, especially in Poland, where the Prime Minister requested an examination of the constitutionality of the Istanbul Convention before the Constitutional Tribunal; strongly condemns the attempt to denounce the Istanbul Convention by submitting formal request to work on the withdrawal of the Istanbul Convention by the Minister of Justice in Poland;
Amendment 173 #
Motion for a resolution
Paragraph 2 f (new)
Paragraph 2 f (new)
2 f. Recalls that, according to the CJEU, by virtue of Article 27 of the Vienna Convention on the Law of Treaties, parties to an international agreement, may not invoke the provisions of their internal law as justification for their failure to execute a treaty;
Amendment 174 #
Motion for a resolution
Paragraph 2 g (new)
Paragraph 2 g (new)
2 g. Reminds that according to Articles 11 and 12 of the Vienna Convention on the Law of Treaties, the consent of a State to be bound by a treaty may be expressed by signature;
Amendment 177 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly condemns all forms of gender-based violence, including the denial of access to sexual and reproductive health and rights, against women and girls and against LGBTIQ+ persons; ; deplores the fact that women and girls are often exposed to domestic violence, sexual harassment, psychological and physical violence, stalking, sexual violence, rape, forced marriage, female genital mutilation (FGM), forced sterilisation, sexual exploitation, human trafficking, cyberviolence and other forms of violence, which constitute a serious violation of their human rights and dignity; stresses that the Istanbul Convention lays down that culture, custom, religion, tradition or so-called ‘honour’ cannot be a justification of any acts of violence against women; denounces the fact that more and more women and girls are victims of gender-based violence on the internet and on social media; calls on the Member States to adopt concrete measures to address these new forms of crime, including sextortion, cyberstalking, doxing, cyber harassment, grooming, voyeurism and non-consensual sharing of intimate content, and to protect the victims, who can experience serious trauma leading sometimes even to suicide;
Amendment 187 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Asks the Commission and the Member States to ensure appropriate gender-sensitive training, procedures and guidelines which place the rights of the victim at the centre for all professionals dealing with the victims of all acts of gender-based violence in order to avoid discrimination, traumatisation or re- victimisation during judicial, medical and police proceedings; calls for such improvements in order to also encourage the reporting rate of such crimes;
Amendment 194 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. SRecalls that the Istanbul Convention remains the international standard and key tool to eradicate the scourge of gender-based violence; stresses the advantages of the Istanbul Convention’s structure, which follows a holistic, comprehensive and coordinated methodology for addressing the issues of violence against women and girls and gender-based violence, including domestic violence, based on a four pillar approach including all the aspects from the prevention, to the protection, prosecution and coordinated policies;
Amendment 196 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Highlights the Istanbul Convention’s approach of placing the rights of the victim at the centre, by addressing gender-based violence and domestic violence from a wide range of perspectives, by providing for measures such as the prevention of violence, the fight against discrimination, through victim protection and support, the protection of children, the protection of women asylum seekers and refugees, as well as through criminal law measures to combat impunity, by the introduction of risk assessment procedures and risk estimation and better data collection, as well as through awareness-raising campaigns and programmes, including in cooperation with national human rights and equality bodies, civil society and NGOs;
Amendment 200 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Emphasises the Istanbul Convention’s approach about the importance of setting up a preventive intervention and treatment programmes teaching perpetrators of domestic violence to adopt non-violent behaviour in interpersonal relationships in order to prevent further acts of domestic violence and sexual violence;
Amendment 202 #
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Reiterates that the Istanbul Convention should be understood as the minimum standard to eradicate gender- based violence and that the Union should pursue even more decisive and effective legislative measures in that regard;
Amendment 207 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes that while most Member States have formally ratified the Istanbul Convention, this does not imply the full completion of implementation measures stemming from the Convention; calls on all Member States to ensure full implementation of the related measures in their national laws and policies; further calls on the Member States to ensure proper implementation and the allocation of adequate financial and human resources to preventing and combating violence against women and other forms of gender-based violence, as well as to the protection of victims, empowering women and girls and enabling them to be compensated, especially in the case of those living in areas where protection services for victims do not exist or are very limited; urges the Member States to take the recommendations by the Council of Europe’s Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) into account and to improve their legislation to bring it more into line with the Istanbul Convention’s provisions;
Amendment 217 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises that the EU’s accession will provide a coherent European legal framework for the EU’s internal and external policies to prevent and combat violence against women and other forms of gender-based violence and to protect and support victims, as well as bringing about better monitoring, interpretation and implementation of EU laws, programmes and funds relevant to the Convention, together with better collection of comparable disaggregated data at EU level;
Amendment 223 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for a constructive dialogue with the Council and Member States in cooperation with the Council of Europe to address Member States’ reservations, objections and concerns and clarify misleading interpretations of the Istanbul Convention in order to make progress in this area; and achieve that the ratification of the Istanbul Convention by all Member States and by the EU becomes a reality soon;
Amendment 228 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Asks the Commission to draw up a holistic EU strategy on combating gender- based violence that includes a comprehensive plan to combat all forms of gender inequalities, integrating all EU efforts to eradicate gender-based violence;
Amendment 230 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Council to ensure that Parliament will be fully involved in the Convention’s monitoring process after EU accession to the Istanbul Convention; further requests to proceed with a swift agreement on a code of conduct concerning cooperation between the EU and its Member States for the implementation of the Convention, which should also involve civil society organisations, particularly women´s rights organisations;
Amendment 232 #
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 243 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concern the growing opposition towards the Istanbul Convention in some Member States and the attempts to disparage the Convention and its positive impact on the eradication of gender-based violence; condemns all attempts to spread disinformation about the Istanbul Convention; reiterates, in this regard, its strong condemnation of the smear campaigns against the Istanbul Convention as a rejection of the internationally agreed zero-tolerance norm for violence against women and other forms of gender-based violence;
Amendment 254 #
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 257 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the Commission’s proposal for a directive on combating violence against women and domestic violence, which will be the first EU act comprehensively to addressing gender-based violence, thus helping to harmonise Member States’ differing approaches towards violence against women and domestic violence and to lay down common minimum standards for the protection of victims and survivors of gender-based violence and, for improvensuring their access to justice and for prevention of gender-based violence; underlines the need that the gender-based violence directive ensures, as minimum, the standards of the Istanbul Convention;
Amendment 267 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates its call on the Council to activate the passerelle clause by adopting a unanimous decision identifying gender- based violence against women and girls as one of thes a new areas of crime listed in Article 83(1) of the TFEU;
Amendment 272 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recognises the incredible amount of work performed by civil society organisations, in particular women’s human rights organisations, in preventing and combating violence against women and girls and other forms of gender-based violence, and their efforts to provide assistance to the victims of gender-based violence; urges the Member States and the Commission to support these activities by providing sufficient human and financial resources; further urges the Commission to ensure enhanced funding for the CERV programme in order to support NGOs and civil society organizations providing support to victims of gender- based violence and working to eradicate gender-based violence;
Amendment 285 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Council to step up procedures in order to ensure the EU’s swift ratification of the Istanbul Convention without further delay; further urges the Council to ensure, despite the signing of the EU’s accession tof the Istanbul Convention, a broad EU accession to the Convention without any limitations and without further delay;