Activities of Sylwia SPUREK 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 (288)
Amendment 182 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating violence against women and domesticall forms of gender-based violence, including cyber violence
Amendment 189 #
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to provide a comprehensive framework to effectively combat violence against women and domesticgender-based violence throughout the Union. It does so by estrengthening and introducing measurablishing minimum rules in the following areas: the definition of relevant criminal offences and penalties, the protection of victims and access to justice, victim support, prevention, coordination and cooperation.
Amendment 212 #
Proposal for a directive
Recital 2
Recital 2
(2) Equality between women and men and non-discrimination are core values of the Union and fundamental rights enshrined, respectively, in Article 2 of the Treaty on European Union and in Articles 21 and 23 of the Charter of Fundamental Rights of the European Union (the ‘Charter’). Violence against women and domesticGender-based violence endangers these very principles, undermining women and girls’ rights to equality in all areas of life.
Amendment 216 #
Proposal for a directive
Recital 3
Recital 3
(3) Violence against women and domesticGender-based violence violates fundamental rights such as the right to human dignity, the right to life and integrity of the person, the prohibition of inhuman or degrading treatment or punishment, the right to respect for private and family life, personal data protection, and the rights of the child, as enshrined in the Charter of Fundamental Rights of the European Union.
Amendment 223 #
Proposal for a directive
Recital 4
Recital 4
(4) This Directive should apply to criminal conduct which amounts to violence against women or domesticgender-based violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, intersex genital mutilation, forced sterilization, the non- consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36 and 2011/93/EU37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against womengender-based violence. This includes crimes such as femicide, sexual harassment, sexual abuse, sexual violence, stalking, early and forced marriage, forced abortion, forced sterilisation and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material. Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses, or partners, whether or not the offender shares or has shared the same household with the victim. _________________ 36 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11. 37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1– 14.
Amendment 241 #
Proposal for a directive
Recital 5
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 gender-based 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.
Amendment 250 #
Proposal for a directive
Recital 6
Recital 6
(6) Due to their vulnerability, children who witness violence against women or domesticgender-based violence suffer a direct emotional harm, which impacts their development. Therefore, such children should be considered victims and benefit from targeted protection measures.
Amendment 257 #
Proposal for a directive
Recital 7
Recital 7
(7) Violence against womenGender-based violence is rooted in gender stereotypes, heteropatriarchal structures, power asymmetries as well as structural and institutional inequalities. Gender-based violence against women in all their diversity is a persisting manifestation of structural discrimination against women in all their diversity, resulting from historically unequal power relations between women and men. ItGender-based violence against women is a form of gender-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’.
Amendment 278 #
Proposal for a directive
Recital 9
Recital 9
(9) In light of the specificities related to these types of crime it is necessary to lay down a comprehensive set of minimum rules, which addresses the persisting problem of violence against women and domesticgender-based violence in a targetedholistic manner and caters to the specific needs of victims of such violence. The existing provisions at Union and national levels have proven to be insufficient to effectively combat and prevent violence against women and domesticgender- based violence. In particular, Directives 2011/36/EU and 2011/93/EU concentrate on specific forms of such violence, while Directive 2012/29/EU of the European Parliament and of the Council38 lays down the general framework for victims of crime. While providing some safeguards for victims of violence against women and domesticgender-based violence, it is not set out to address their specific needs. _________________ 38 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).
Amendment 281 #
Proposal for a directive
Recital 10
Recital 10
(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domesticgender-based violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39 and, wthere relevant United Nations Convention on the Rights of Persons with Disabilities (CRPD), the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)40 and the International Labour Organization’s Convention concerning the elimination of violence and harassment in the world of work, signed on 21 June 2019 in GenevaViolence and Harassment Convention 2019 (No 190), the International Labour Organization’s Discrimination (Employment and Occupation) Convention, 1958 (No 111) and the International Labour Organization’s Domestic Workers Convention, 2012 (No 189). _________________ 39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. 40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),Council of Europe, 2011.
Amendment 289 #
Proposal for a directive
Recital 11
Recital 11
(11) Violence against women and domesticGender-based violence can be exacerbated where it intersects with discrimination based on gender or sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, state of health, marital status, migrant or refugee status, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, propertyresources, birth, disability, age or, sexual orientation, and other grounds such as gender identity, gender expression or sex characteristics. Member States should therefore pay due regard to victims affected by such intersectional discrimination and violence, through providing specific measures whereith an intersecting forms of discrimination are presentonal approach. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities, pregnant women, women living in rural areas, and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence.
Amendment 305 #
Proposal for a directive
Recital 12
Recital 12
(12) Victims of violence against women and domesticgender-based violence are at an increased risk of intimidation, retaliation, secondary and repeat victimisation. Particular attention should thus be paid to these risks and to the need to protect the dignity and physical integrity of such victimphysical and psychological dignity and integrity, as well as the privacy, of such victims, and to ensure accountability of perpetrators.
Amendment 309 #
Proposal for a directive
Recital 13
Recital 13
(13) Rape is one of the most serious offences breaching a person’s sexual integrity and is a crime that disproportionately affects women. It entails a power imbalance between the offender and the victim, which allows the offender to sexually exploit the victim for purposes such as personal gratification, asserting domination, gaining social recognition, advancement or possibly financial gain or punishing the victim for her sexual orientation, gender expression and/or gender identity (so-called "corrective rapes"). Many Member States still require the use of force, threats or coercion for the crime of rape. Other Member States solely rely on the condition that the victim has not consented to the sexual act. Only the latter approach achieves the full protection of the sexual integrity of victims. Therefore, it is necessary to ensure equal protection throughout the Union by providing the constitutive elements of the crime of rape of women. , in particular.
Amendment 322 #
Proposal for a directive
Recital 14
Recital 14
(14) Rape should explicitly include all types of sexual penetration, with any bodily part or object. The lack of explicit consent should be a central and constitutive element of the definition of rape, given that frequently no physical violence or use of force is involved in its perpetration. Initial consenwhen the act is committed. Consent should be given freely and voluntarily. It should be withdrawable at any given time during the act, in line with the sexual autonomy of the victim, and should not automatically imply consent for future acts. Non-consensual sexual penetration should constitute rape evenincluding where committed against a spouse or intimate partner.
Amendment 331 #
Proposal for a directive
Recital 15
Recital 15
(15) With regard to offences amounting to rape, first-offenders and offenders who have been previously convicted of offences of the same nature should be obliged to participate in intervention programmes to mitigate the risk of recidivism. and to ensure safe relations and pro-social behaviour.
Amendment 342 #
Proposal for a directive
Recital 16
Recital 16
(16) In order to address the irreparable and lifelong damagesevere and long-lasting physical and psychological consequences that female genital mutilation has on victims, this offence should be specifically and adequately addressed in the criminal laws. Female genital mutilation is an exploitative practice that pertains to the sexual organs of a girl or a woman and that is performed for the purpose of preserving and asserting domination over women and girls and exerting social control over girls and women’s sexuality. It is sometimes performed in the context of child forced marriage or domestic violence. Female genital mutilation may occur as a traditional practice which some communities perform on their female members. It should cover practices undertaken for non-medical reasons. The term “excising” should refer to the partial or total removal of the clitoris and the labia majora. “Infibulating” should cover the closure of the labia majora by partially sewing together the outer lips of the vulva in order to narrow the vaginal opening. The term “performing any other mutilation” should refer to all other physical alterations of the female genitals.
Amendment 347 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Forced sterilisation is a harmful and exploitative practice that deprives victims of the ability to reproduce sexually and is used as a means of social control. It was originally based on eugenicist assumptions about the value of the lives of those affected and stereotypes about their ability to be parents, especially mothers. Racialised women, notably Romani women and girls with disabilities are particularly vulnerable to such violations, in particular those with intellectual and psychosocial disabilities, as well as those living in institutions. To combat this long- standing practice, which perpetuates discrimination, stereotypes, violence and control over women’s bodies, forced sterilisation should be specifically addressed by criminal law. The provision on forced sterilisation set out in this Directive does not cover medical interventions or surgical procedures which are carried out, for example, with the purpose of assisting a woman by saving her life.
Amendment 355 #
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16b) In order to address the severe and long-lasting physical and psychological impairments of intersex genital mutilation performed on persons with variations of sex characteristics, also known as intersex persons, this offence should be specifically and adequately addressed in the criminal laws. Non-vital, non- consensual procedures and treatments performed on intersex children assigned female, such as labiaplasties, vaginoplasties, gonadectomies, clitoral “recession” and other forms of clitoral cutting or removal, are specifically based on sexist and misogynistic beliefs aimed at exerting control over intersex girls’ and women’s physical appearance and sexuality. The term "capacity to provide consent" shall be interpreted as the ability to understand the facts, assess the risks and benefits and balance the short- and long-term consequences of the possible choices and make a decision. Member States shall ensure that a minor is deemed capable of providing consent only if all the elements above are assessed to be in place. The term "hormonal treatments" shall be understood as any non- consensual treatments aimed at altering the sex characteristics of the person; it excludes consensual gender affirming hormonal treatments or access to hormone blockers.
Amendment 362 #
Proposal for a directive
Recital 17
Recital 17
(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violence particularly targets and impacts women politicians, journalists, andctivists, rights defenders, including human rights defenders, and NGOs. It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education and to their mental health, which may, in extreme cases, lead to suicide. Women exposed to discrimination and violence on the basis of their gender or other grounds are disproportionately affected by cyber violence.
Amendment 372 #
Proposal for a directive
Recital 18
Recital 18
(18) The use of information and communication technologies bears the risk of easy, fast and wide-spread amplificdissemination of certain forms of cyber violence with the effect of creating or enhancxacerbating profound and long-lasting harm for the victim. The potential for such amplification, whichdissemination is a pre-requisite for the perpetration of several offences of cyber violence defined under this Directive, should beand is reflected by the element of making certain material accessible, through information and communication technologies, to a ‘multitude’ ofother end- users. The term ‘multitudeother end-users’ should be understood as referring to reaching a significant number of end-users of the technologies in question, thus allowing for significant access to, and potential further distribution of that material. That term should be interpreted and applied having regard to the relevant circumstances, including the technologies used to make that material accessible and the means these technologies offer for amplificdissemination.
Amendment 375 #
Proposal for a directive
Recital 19
Recital 19
(19) Especially dDue to its tendency for easy, swift and broad distribution and perpetration, as well as its intimate nature, the non-consensual sharing and making accessible of intimate images or, videos andor other material, including those that depict sexual activities, to a multitude ofother end-users, by means of information and communication technologies, can be very harmful for the victims. The offence provided for in this Directive should cover all types of such material, such as images, photographs and videos, including sexualized images, audio clips and video clips. It should relate to situations where the sharing and making accessible of the material to a multitude ofother end-users, through information and communication technologies, occurs without the victim’s consent, irrespective of whether the victim consented to the generation of such material or may have transmitted it to a particular person. The offence should also include the non-consensual production or manipulation, for instance by image or video editing, of material that makes it appear as though another person is engaged in sexual activities, or as intimate images, videos or other material from another person, insofar as the material is subsequently made accessible to a multitude of other end-users, through information and communication technologies, without the consent of that person. Such production or manipulation should include the fabrication of ‘deepfakes’, where the material appreciably resembles an existing person, objects, places or other entities or events, depicting sexual activities of another person, and would falsely appear to others to be authentic or truthful. In the interest of effectively protecting victims of such conduct, threatening to engage in such conduct should be covered as well. following a report by or on behalf of the victim or by a judicial authority.
Amendment 385 #
Proposal for a directive
Recital 20
Recital 20
(20) Cyber stalking is a modern form of violence which is often perpetrated against family members or persons living in the same household, but also perpetrated by ex-partners or acquaintances. Typically, technology is misused by the offender to proceed to intensify coercive and controlling behaviour, manipulation and surveillance, thereby increasing the victim’s fear, anxiety and gradual isolation from friends and family. Therefore, minimum rules concerning the offence on cyber stalking should be established. The offence of cyber stalking should cover the continuous surveillance of the victim without their consent or legal authorisation by means of information and communication technologies without their consent or legal authorisation. This might be enabled by processing the victim’s personal data, such as through identity theft or the spying out of such data on their various social media or messaging platforms, their emails and phone, stealing passwords or hacking their devices to access their private spaces, via the installation of geo-localisation apps, including stalkerware, or via stealing their devices. Furthermore, stalking should cover the monitoring of victims, without that person’s consent or authorisation, via technology devices connected through the Internet of Things, such as smart home appliances.
Amendment 388 #
Proposal for a directive
Recital 21
Recital 21
(21) Minimum rules concerning the offence of cyber harassment should be laid down to counter initiating an attack conducted publicly or with third parties, or participating in such an attack, directed at another person, by making threatening or insulting material accessible to a multitude ofother end- users. Such broad attacks, including coordinated online mob attacks, may morph into offline assault or cause significant psychological injury and in extreme cases lead to suicide of the victim. They often target prominent (female) politicians, journalists or otherwise, activists or well-known persons, but they can also occur in different contexts, for instance on campuses or in schools and in workplaces. Such online violence should be addressed especially where the attacks occur on a wide-scale, for example in the form of pile- on harassment by a significant amount of people. Cyber harassment should not only cover attacks or threats with reference to gender or sex but include all types of explicit sexualised attacks.
Amendment 391 #
Proposal for a directive
Recital 22
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 genderbusiness model of dominant online platforms which is based on micro- targeting advertising has played a significant role in the sharp rise in public incitement to violence and hatred on the grounds of gender, sex or other grounds, including a combination of those, 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. Even though the presumed anonymity on the internet and sense of impunity reducecontribute to people’s inhibition to engage in such speech, anonymity can also be essencial to survivors of gender- based violence, as well as to other communities at risk. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offline. This needs to be intercepprevented at an early stage. The language used in this type of inciteharassment 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.
Amendment 395 #
Proposal for a directive
Recital 23
Recital 23
(23) The offence of cyber incitement to violence or hatred presupposes that the incitement is not expressed in a purely private context, but publicly through the use of information and communication technologies. Therefore, it should require dissemination to the public, which should be understood as entailing the making accessivailable, through information and communications technologies, of a given item of material inciting to violence or hatred to a potentially unlimited number of persons, namely making the material easily accessible to users in general, without requiring further action by the person who provided the material, irrespective of whether those persons actually access the information in question. Accordingly, where access to the material requires registration or admittance to a group of users, that information should be considered to be disseminated to the public only where users seeking to access the material are automatically registered or admitted without a human decision or selection of whom to grant access. In assessing whether material qualifies as amounting to incitement to hatred or violence, the competent authorities should take into account the fundamental rights, particularly but not limited to freedom of expression as enshrined in Article 11 of the Charter, Article 20 of the International Covenant of Civil and Political Rights and Article 4 of the International Convention of the Elimination of all forms of racial discrimination. Furthermore, other soft- law instruments concerning the prohibition of incitement to hatred such as the Council Framework decision 2008/913/JHA on combatting certain forms and expressions of racism and xenophobia by means of criminal law and the United Nations Rabat Plan of Action.
Amendment 402 #
Proposal for a directive
Recital 24
Recital 24
(24) Victims should be able to report crimes of violence against women or domesticgender-based violence easily without being subject to secondary or repeat victimisation. To this end, Member States should in addition to in-person reporting, provide the possibility to submit complaints online or through other information and communication technologies for the reporting of such crimes. Victims of cyber violence should be able to upload materials relating to their report for the purposes of providing evidence, such as screenshots, of the alleged violent behaviouroffence.
Amendment 405 #
Proposal for a directive
Recital 25
Recital 25
(25) In the case of domestic violence and violence against womengender-based violence, especially when committed by close family members or intimate partners, victims may be under such duress by the offender that they fear to reach out to the competent authorities, even if their lives are in danger. Therefore, Member States should ensure their confidentiality rules do not constitute an obstacle for relevant professionals, such as healthcare professionals, to report to the competent authorities, where they have reasonable grounds to believe that the life of the victim is at an imminent risk of serious physical harm. Similarly, instances of domestic violence or violence against womengender-based violence affecting children are often only intercepted by third parties noticing irregular behaviour or physical harm to the child. Children need to be effectively protected from such forms of violence and adequate measures promptly taken. Therefore, relevant professionals coming in contact with child victims or potential child victims, including healthcare or education professionals, should equally not be constrained by confidentiality where they have reasonable grounds to believe that serious acts of violence under this Directive have been committed against the child or further serious acts are to be expected. Where professionals report such instances of violence, Member States should ensure that theydomestic violence or gender- based violence, including when such violence is affecting children, victims must be duly informed in advance, a gender-sensitive and child-competent risk assessment and risk management conducted, and tailored safety, protection and support measures adopted immediately regardless of the level of risk, and in any case, before active steps are taken against the offender. Member States should ensure that professionals who report such instances of violence are not held liable for breach of confidentiality.
Amendment 413 #
Proposal for a directive
Recital 26
Recital 26
(26) In order to tackle underreporting in the cases when the victim is a child, safe and child-friendly reporting procedures should be established. This can include questioning by specialised competent authorities in simple and accessible language and taking into account a gender-sensitive approach.
Amendment 419 #
Proposal for a directive
Recital 27
Recital 27
(27) Delays in processing complaints of violence against women and domesticgender-based violence can bear particular risks to victims thereof, given that they might still be in immediate danger given that offenders might often be close family members or spouses. Therefore, the competent authorities should have the sufficient expertise and effect, specialised training and effective gender-responsive investigative tools to investigate and prosecute such crimes.
Amendment 420 #
Proposal for a directive
Recital 28
Recital 28
(28) Victims of domestic violence and violence against womengender-based violence are typically in need of immediate protection or specific support, for example in the case of intimate partner violence, where the rate of recidivism tends to be high. Therefore, an gender-sensitive individual assessment to identify the victim’s protection needs should be conducted upon the very first contact of competent authorities with the victim or as soon as suspicion arises that the person is a victim of violence against women or domestic violence. This can be donegender-based violence. Individual assessments can be carried out before a victim has formally reported an offence or proactively if a third party reports the offence. If the corresponding competent authority does not have enough experience to conduct the gender-sensitive individual assessment, the assessment should be carried out in cooperation with other services, such as health and social services, and specialist support services. Under no circumstances shall victims be forced to engage in any intervention with an authority or service against their will, nor rushed into any process. When the victim is a child, protection and support should also extend to empowering the non-violent parent(s) or guardian(s) to protect the child from violence.
Amendment 424 #
Proposal for a directive
Recital 29
Recital 29
(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s rights, safety and needs providing tailored protection and support, taking into account, among other matters, the individual circumstances of the victim, specific needs and vulnerability. Such circumstances requiring special attention could include any substance abuse by the victim or the offender, the victim’s disabilities, the victim’s pregnancy or, the victim’s economic dependence on or relationship to the offenderr dependence for her migration status to the offender, the victim having a common child with the offender or the presence of children or companion animals.
Amendment 433 #
Proposal for a directive
Recital 30
Recital 30
(30) In order to ensure comprehensive, appropriate and tailored support and protection to victims, a standardised approach to risk assessment that promotes shared understanding of risk across the system, and a common language to communicate risk, should be adopted. All competent authorities and relevant bodies, not limited to law enforcement and judicial authorities, in consultation with relevant civil society organisations, should be involved in assessing the risks for victims and appropriate support measures on the basis of cleargender-sensitive risk assessment protocols and guidelines issued by the Member States. Such guidelines should be developed in cooperation with specialist services and include risk factors to be taken into consideration when assessing the riskassociated with coercive and controlling behaviour emanating from the offender or suspect, including the consideration that suspects charged with minor offences are as likely to be dangerous as those charged with more severe offences, especially in cases of domestic violence and stalking. Specialised training for frontline professionals on the use of risk assessment tools is also essential.
Amendment 444 #
Proposal for a directive
Recital 32
Recital 32
(32) Victims of violence against women and domesticgender-based violence are often in need of specific and tailored support. To ensure they effectively receive offers of support, the competent authorities should refer victims to appropriate support services. This should in particular be the case where an individual assessment has found particular support needs of the victim. In that case, support services should be able to reach out to the victim even without the victim’s consent. For the processing of related personal data by competent authorities, Member States should ensure that it is based on law, in accordance with Article 6(1)(c) read in conjunction with Article (6)(2) and (3) of Regulation (EU) 2016/679 of the European Parliament and of the Council41 . Such laws should include appropriate personal data safeguards that respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the individuals. Where competent authorities transfer victims’ personal data to support services for victims’ referral, they should ensure that the data transferred is limited to what is necessary to inform the services of the circumstances of the case, so that victims receive appropriate support and protection. _________________ 41 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance), (OJ L 119, 4.5.2016, p. 1–88).
Amendment 449 #
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) Taking into account the existing link and the concurrence between animal abuse and interpersonal violence including domestic and gender-based violence and child abuse, protective measures should extend to companion animals; and address violence against companion animals exercised as a form of violence or psychological abuse. Further considering the emotional support provided by these animals to the victims of violence, and the high risk of coercion and control arising from situations in which the animal would stay with the abuser, appropriate accommodation arrangements should be provided to both companion animals and the victims of violence.
Amendment 455 #
Proposal for a directive
Recital 33
Recital 33
(33) Member States should take the necessary measures to ensure the availability of emergency barring, restraining and protection orders to ensurguarantee effective protection of victims and, their dependants and houseld environment.
Amendment 457 #
Proposal for a directive
Recital 34
Recital 34
(34) Member States should ensure that emergency barring orders may be issued in situations of immediate danger, such as where harm is imminent or has already materialised and is likely to be inflicted again on the victims or their dependants.
Amendment 459 #
Proposal for a directive
Recital 35
Recital 35
(35) Protection orders may include prohibiting the offender or suspect to access certain localities, places or defined areas where the protected person resides or visits; to approach the victim or dependant, including companion animals, closer than a prescribed distance or to contact them, including through the use of online interfaces and to possess firearms or deadly weapons, where necessary.
Amendment 463 #
Proposal for a directive
Recital 36
Recital 36
(36) In order to safeguard the effectiveness of emergency barring, restraining and protection orders, breaches of such orders should be subject to penalties. Those penalties can be of a criminal law or other legal nature and may include prison sentences, fines or any other legal penalty that is effective, proportionate and dissuasive. Member States should ensure that in situations in which barring, restraining, and protection orders are issued, offenders shall be informed and encouraged to voluntarily enrol in specialised programmes addressing offenders’ violent behaviour.
Amendment 469 #
Proposal for a directive
Recital 37
Recital 37
(37) Presenting evidence of past sexual history or behaviour to challenge the credibility and lack of consent of victims in sexual violence cases, especially rape cases, may reinforce the perpetuation of damaging stereotypes of victims and lead to repeat or secondary victimisation. Therefore, without prejudice to the rights of defence, questions, enquiries and evidence concerning past sexual hisotry or conduct of the victim should not be permitted in criminal investigations and court proceedings.
Amendment 477 #
Proposal for a directive
Recital 38
Recital 38
(38) Given the complexities and gravity of offences of violence against women and domesticgender-based violence and specific support needs of victims, Member States should ensure additional support and prevention of such offences is provided by designated bodies. Given their expertise in matters of discrimination on grounds of sex, national equality bodies, set up in accordance with Directives 2004/113/EC42 , 2006/54/EC43 and 2010/41/EU44 of the European Parliament and of the Council, are well placed to fulfil these tasks. Such bodies should in addition have legal standing to act on behalf or in support of victims of all forms of violence against women or domesticgender-based violence in judicial proceedings, including for the application for compensation and removal of online illegal content, and securing of evidence, with the victims’ approval. This should include the possibility of acting on behalf or in support of several victims together. To enable these bodies to effectively carry out their tasks, Member States should ensure the independence of their mandates and that they are provided with sufficient human and financial resources. _________________ 42 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, (OJ L 373, 21.12.2004, p. 37). 43 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), (OJ L204, 26.7.2006, p. 23). 44 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC, (OJ L 180, 15.7.2010, p. 1).
Amendment 479 #
(39) Certain offences covered by this Directive involve the increased risk of repeated, prolonged or even continuous victimisation. That risk occurs especially in relation to offences involving the making accessible to a multitude ofother end-users, through information and communication technologies, of material, resulting from certain offences of cyber violence covered in this Directive, considering the ease and speed with which such material can be distributed on a large scale and the difficulties that often exist when it comes to removing such material. That risk typically remains even after a conviction. Therefore, in order to effectively safeguard the rights of the victims of those offences, Member States should be required to take suitable measures aimed at the removal of the material in question. Considering that removal at the source may not always be feasible, for instance because of legal or practical difficulties relating to the execution or enforcement of an order to remove, Member States should also be allowed to provide for measures to disable access to such material.
Amendment 483 #
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 intermediaryhosting 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. Member States should ensure that these orders do not prevent providers of intermediary services from providing end- to-end encrypted services. Applying effective end-to-end encryption to data is essential for trust in and security on the Internet, and ensures the protection of privacy of victims who suffer from attacks online through, for instance, unauthorised third party access. Furthermore, to ensure effective digital privacy, Member States should not impose a general obligation on providers of intermediary services to limit the anonymous use of their services. In accordance with the principle of data minimisation and in order to prevent unauthorised disclosure, identity theft, non-consensual sharing of intimate or manipulated material, Cyberstalking, Cyber harassment, and other forms of digital abuse or misuse of personal data, recipients should have the right to use and pay for services anonymously wherever reasonable efforts can make this possible. This should apply without prejudice to the obligations of Member States to protect the digital integrity of victims and the protection of their personal data.
Amendment 485 #
Proposal for a directive
Recital 41
Recital 41
(41) Any such measures to remove or disable access, including in particular such orders, are liable to affect the right and interests of other parties than the victims, such as the persons providing the material, the intermediaryhosting service providers whose services may be used and the end-users of those services, as well the general interest. Therefore, it should be ensured that those orders and other measures can only be taken in a transparent manner and that adequate safeguards are provided for, so as to ensure that they remain limited to what is necessary and proportionate, that human review and legal certainty is ensured, all affected parties can exercise their right to effective judicial redress in accordance with national law, and a fair balance is struck between all rights and interests involved, including the fundamental rights of all parties concerned in compliance with the Charter. A careful weighting of all rights and interests at stake on a case-by- case basis is particularly important in proceedings for interim measures. Those orders should, as a general rule, be addressed to the specific provider of intermediaryhosting services that is best placed to act, in particular so as to limiprevent any possible negative effects for freedom of expression and information.
Amendment 486 #
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41a) Providers of online platforms, including very large online platforms, in particular those primarily used for the dissemination to the public of pornographic content, should diligently meet all their obligations under EU law taking into account an intersectional approach, in respect of illegal content constituting cyber violence under this Directive, especially with regard to ensuring that victims can effectively exercise their rights in relation to content representing non-consensual sharing of intimate or manipulated material through the rapid processing of notices and removal of such content without undue delay.
Amendment 488 #
Proposal for a directive
Recital 43
Recital 43
(43) Considering the potential importance of material that may be the object of the orders or other measures taken under this Directive to remove or disable access thereto for investigating or prosecuting the relevant offences under criminal law, the necessary measures should be taken to allow the competent authorities to obtain or secure such material, for the purpose of providing evidence, where necessary. Those measures could consist, for example, of requiring relevant intermediaryhosting service providers to transmit the material to those authorities or to preserve the material for a limited period that does not go beyond what is necessary to support and in the framework of the investigation. Any such measures should ensure the security of the material, remain limited to what is reasonable, necessary and proportionate, and comply with the applicable rules on the protection of personal data.
Amendment 491 #
Proposal for a directive
Recital 44
Recital 44
(44) In order to avoid secondary victimisation, victims should be able to obtain compensation in the course of criminal proceedings. Compensation from the offender should be full and should not be restricted by a fixed upper limit. It should cover all harm and trauma experienced by victims and costs incurred to manage the damages, including among other things therapy costs, medical costs, impact on the victim’s employment situation, loss of earnings, psychological damages, and moral prejudice due to the violation of dignity. The amount of compensation should reflect that victims, in particular of domestic violence and cyber violence, may have to uproot their lives in order to seek safety, entailing a possible change of employment or finding new schools for children or even creating a new identity. Compensation should be part of the measures provided to ensure the reparation of victims.
Amendment 499 #
Proposal for a directive
Recital 45
Recital 45
(45) ATailored assistance and support to victims of violence against women and domestic violence should be provided before, during and for an appropriate period after the criminal proceedings have endgender-based violence should be available, free of charge, victims- centred and provided before, during and after violence occurred, for example where medical treatment is still needed to address the severe physical or psychological consequences of the violence, or if the victim’s safety is at risk by the offender in particular due to the statements made by the victim in those proceedings.
Amendment 503 #
(46) Specialised support services should provide support to victims of all forms of violence against women and domesticVictims of all forms of gender- based violence, including sexual violence, female and intersex genital mutilation and other harmful practices, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violencyber violence, shall be provided with appropriate and tailored support and assistance offered by specialist support services.
Amendment 507 #
Proposal for a directive
Recital 47
Recital 47
(47) Specialist support should offer victims support, including medical care, tailored to their specific needs, and irrespective of any official complaint. Such services cshould be provided in addition to, or as an integrated part of, general victim support services, which may call on existing entities providing specialist supportshould cooperate with specialist support services, including women’s specialist support, in providing services and developing clear, commonly agreed referral pathways between general and specialist support services to refer victims of gender-based violence to services. Specialist support mayshould be provided by national authorities,, local and regional authorities, in cooperation with victims’ support organisations, or other non-governmental organisations. They should be granted with relevant gender-specific expertise and knowledge. Member States should ensure that sufficient human and financial resources and, where the services are provided byfor specialist support services and non-governmental organisations, are provided. Member States should ensure that they receive appropriate fundall victims belonging to vulnerable groups or communities receive tailor-made support based on their needs, with special attention to linguistic needs and potential past or present discrimination experiences of certain communities. Support shall be provided as offline and online services according to specific needs. The services provided to victims should comply with the minimum standards for support services as set out in the ‘Istanbul Convention’ in particular for shelters, counselling, rape crisis and sexual violence referral centres as well as helplines.
Amendment 512 #
Proposal for a directive
Recital 47 a (new)
Recital 47 a (new)
(47a) The EU budget should provide complementary funding to ensure a high level of protection for victims of violence, including through sufficient resources in dedicated funding programs and through the promotion of innovative solutions to improve the quality and accessibility of the needed services; the relevant program(s) under next the Multiannual Financial Framework should contain sufficient financial and human resources to ensure sufficient funding for a significant Union contribution to the proper implementation, in particular of preventive and victim support measures.
Amendment 514 #
Proposal for a directive
Recital 47 b (new)
Recital 47 b (new)
(47b) Evidence suggests that the establishment of safe spaces, in particular single gender safe spaces, both online and offline, helps to reduce risks and prevent further harm during acute emergency responses. These spaces provide people with a safe entry point for life-saving services and a place to access information. Safe gathering points also offer them an opportunity to engage with each other, build important connections, solidarity and support with others, especially those in similar situations, exchange information, and rebuild community networks and support. Safe spaces can be a key way of building social assets of marginalised groups including women and girls, racialised communities, people with disabilities and LGBTIQ people, amongst others. Member states should endeavour to provide appropriate resources to promote the continuation and establishment of such safe spaces, especially those with the goal of empowering and uplifting women and girls in all their intersectional diversity.
Amendment 516 #
Proposal for a directive
Recital 48
Recital 48
(48) Victims of domestic violence and violence against womengender-based violence typically have multiple protection and support needs. In order to address these effectively, Member States should provide such services at the same premises, or have such services coordinated through a central contact point. To ensure also victims in remote areas or unable to physically reach such centres are reached, in addition to adequately geographically distributed in person services, Member States should also provide for online access to such services. This should entail setting up a single and updated website where all relevant information on and access to available in person and online support and protection services is provided (one-stop online access). The website shoul. The website should be user-friendly and follow accessibility requirements for persons with disabilities. All services both online and in presence should be fully accessible and non-discriminatory, including interpretation and translations. Moreover, staff of the centres should be diversely composed.
Amendment 528 #
Proposal for a directive
Recital 49
Recital 49
(49) Specialist support services, including shelters and rape crisis centres, should be considered essentialwomen’s advice centres, helplines, educational programmes and programmes addressing coercive and violent behaviour of offenders, should be considered essential in peace times and, particularly during crises and states of emergency, including during health crises. These services should continue to be funded and offered in these situations, where instances of domestic violence and violence against womengender-based violence tend to surge.
Amendment 530 #
Proposal for a directive
Recital 49 a (new)
Recital 49 a (new)
(49a) Whereas urgent support needs for victims of sexual violence include essential medical care, including sexual and reproductive health care such as emergency contraception, screening and post-exposure prophylaxis for STIs and HIV, and safe and legal abortion. EU Member States must guarantee access to essential sexual and reproductive health care to all victims in order to limit further harm and to ensure victims receive reparations and rehabilitation. Whereas being forced to continue a pregnancy resulting from rape is a violation of human rights, including a form of gender-based violence and a violation of the right to freedom from torture or cruel, inhuman and degrading treatment or punishment.
Amendment 533 #
Proposal for a directive
Recital 50
Recital 50
(50) The traumatic nature of sexual violence, including rape, requires a particularlygender- sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Rape crisis centres or sexual violence referral centres shoul, comprehensive and essential medical care, including sexual and reproductive healthcare, such as emergency contraception, screening and post-exposure prophylaxis for STIs and HIV, and safe and legal abortion, and trauma support as well as the option of long-term support, including counselling. Rape crisis centres or sexual violence referral centres should offer immediate forensic examinations to collect the evidence needed for prosecution and be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female and intersex genital mutilation and other harmful practices, who are often girls, typically are in need of targetilored support. Therefore, Member States should ensure they provide dedicated support tailored to these victims. customised to these victims through a multi- disciplinary and victim-centred approach and by providing targeted trainings to all relevant professionals who may come in contact with a victim or a person at risk.
Amendment 541 #
(51) Harassment and sexual harassment, including at work, is considered as discrimination on grounds of sex by Directives 2004/113/EC, 2006/54/EC and 2010/41/EU. Given that harassment and sexual harassment at work, as well as cyber violence, hasve significant negative consequences both for the victims and the employers, advice on adequately addressing such instances at the workplace and ensuring a safe work environment, on legal remedies available to the employer to remove the offender from the workplace and providing the possibility of early conciliation, if the victim so wishes, should be provided by external counselling services to both victims and employers.
Amendment 543 #
Proposal for a directive
Recital 51 a (new)
Recital 51 a (new)
(51a) The social partners play a key role in addressing harassment at work, one of the common sites of harassment, as well as domestic violence. Employer and trade unions are particularly well-placed to take measures to address harassment at work, including sexual harassment, and cyber violence at work. Furthermore, the Preamble to ILO Convention 190 recognises domestic violence as related to the workplace, noting that domestic violence can affect employment, productivity and health and safety. With the increasing availability of home-based telework, the site of domestic violence can in fact be the workplace of the victim. Employers and trade unions can contribute, as part of other measures, to identify instances of domestic violence, to support victims and to address the impacts of domestic violence on professional life. There are already many examples of good practices and agreements between employers and trade unions on workplace practices that give support to victims of domestic violence, enabling them to continue working safely. Trade union and workplace health and safety representatives can, with appropriate training, play a particularly important role in offering assistance to victims of sexual harassment, cyber violence and domestic violence.
Amendment 544 #
Proposal for a directive
Recital 51 b (new)
Recital 51 b (new)
(51b) Member States should ensure that employers, in consultation with trade union representatives, take appropriate measures to prevent and address instances of sexual harassment at work and cyber violence at work, and to identify and provide adequate support to victims of domestic violence. Victims should have access to legal remedies, information and a right to receive support from a trade union representative, and should be entitled to paid time off to attend counselling and take leave of appropriate duration.
Amendment 545 #
Proposal for a directive
Recital 51 c (new)
Recital 51 c (new)
(51c) Member States shall ensure that trade unions are able to bargain collectively on workplace measures to prevent and address sexual harassment at work and cyber violence at work, and to identify and support victims of domestic violence. Member States shall take measures to promote collective bargaining on workplace practices on presenting and addressing instances of sexual harassment, cyber violence and domestic violence, including through awareness- raising and training of employers, trade union representatives and workplace health and safety representatives.
Amendment 548 #
Proposal for a directive
Recital 52
Recital 52
(52) Member States should ensure that national helplines are operated, regional and local helplines are fully funded, and accessible to all victims, particularly victims with different abilities, languages and literacy skills. National helplines can be operated and should be accessible under the EU- harmonised number [116016] 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. be fully accessible to all people, including persons with disabilities, and be available in multiple languages, and include crisis counselling and should be able to refer to specialist support services The existence of a national helpline should not be detrimental to the funding and functioning of local helplines.
Amendment 557 #
Proposal for a directive
Recital 53
Recital 53
(53) Shelters play a vital role in protecting victims from acts of violence. Beyond providing a safe place to stay, shelters should provide the necessary support concerning interlocking problems related to victims’ health, financial situationincluding mental health, financial situation, support in court proceedings and the well-being of their children, ultimately preparing victims for an autonomous life. Member States should ensure the availability of sufficient dedicated domestic violence shelters, with an adequate geographical distribution. A variety of different models should be made available, including single-gender shelters, thereby ensuring maximum flexibility for victims. Shelters should always be available free of charge for the victim.
Amendment 567 #
Proposal for a directive
Recital 54
Recital 54
(54) To effectively address negative consequences for child victims, support measures to children should include age- appropriate psychological counselling, together with paediatric care where necessary, and be provided as soon as competent authorities have reasonable grounds to believe that children might have been victims, including child witnesses of violence, also providing support without the consent of the potential abusive partner. In the provision of support to child victims, the rights of the child, as laid down in Article 24 of the Charter, should be a primary consideration.
Amendment 575 #
Proposal for a directive
Recital 55
Recital 55
(55) In order to ensure the safety of children during possible visits with an offender or suspect who is a holder of parental responsibility with rights of access, Member States should ensure that supervised neutral places, including child protection or welfare offices, are made available so that such visits can take place there in the best interests of the child. If needed, the visits should take place in the presence of child protection or welfare officials. Where it is necessary to provide for interim accommodation, children should as a priority be accommodated together with the holder of parental responsibility who is not the offender or suspect, such as the child’s mother. The best interest of the child should be always taken into account, in line with the provisions of the Convention on the Rights of the Child, should be always taken into account. Member States should ensure that appropriate referrals are made to offenders programmes for the offender to address the violence exercised towards their partner and to improve their parenting – as appropriate and in the best interests of the child.
Amendment 590 #
Proposal for a directive
Recital 56
Recital 56
(56) Victims with specific needs and groups at risk of violence against women or domesticgender-based violence, such as women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, with a minority racial or ethnic background, living in rural areas, women sex workers, detainees, or older women, or LBTIQ women and other LGBTIQ people subject to gender-based violence, should receive specific protection and support.
Amendment 594 #
Proposal for a directive
Recital 56 a (new)
Recital 56 a (new)
(56a) Deeply rooted gender stereotypes related to women’s sexuality and morality, result in the stigmatisation and discriminatory treatment of sex workers, including by law enforcement officers, based on their transgression of gendered social and sexual norms and/or for not conforming to gender roles specifically because they are sex workers. A presumption of criminality and discriminatory treatment has the effect of preventing sex workers from seeking justice when they encounter physical or sexual violence or extortion for fear that they will instead become the focus of a criminal investigation. As a result, aggressors can direct violence at people selling sex with relative impunity. Sex workers are among the most precarious of informal workers, in part due to the criminalisation of various aspects of their work, such as on clients and brothels, which often results in their being unjustly criminalised. They are also exposed to very high rates of workplace violence. Significantly, the majority of sex workers are (undocumented) migrants, LGBTIQ, racialised, women and poor.
Amendment 595 #
Proposal for a directive
Recital 56 b (new)
Recital 56 b (new)
(56b) Given the heightened vulnerability of sex workers to gender based violence, Member States should establish concrete frameworks for the rights and protection of sex workers during and after a crisis; further insists on the importance of including measures and strategies that tackle the discrimination faced by sex workers in access to funding, housing, healthcare, education and other services in order to reduce their vulnerability to violence and other forms of discrimination.
Amendment 596 #
Proposal for a directive
Recital 57
Recital 57
(57) Women with disabilityies disproportionately experience violence against women and domestic violence and due to their disabilitygender- based violence and due to a lack of accessibility and specialists service provisions often have difficulties in accessing protection and support measures. Therefore, Member States should ensure they can benefit fully from the rights set out in this Directive, on an equal basis with others, while paying due attention to the particular vulnerability of such victims and their likely difficulties to reach out for help.
Amendment 599 #
Proposal for a directive
Recital 58
Recital 58
(58) Member States should ensure that preventive measures, such as long-term awareness- raising campaigns, are taken to counter violence against women and domestic violence. Prevention promoting pro-social behaviours, are taken to counter gender-based violence. Any campaigns targeting the general public need to be coordinated with specialised support services, as they are bound to increase support demand. Special attention in awareness-raising campaigns should be paid to victims experiencing discrimination and violence motivated on the basis of combination of their gender or sex and other grounds, and by victims at an increased risk of domestic violence. All preventive measures need to be grounded in human rights and gender equality, and should be carried out by qualified staff. Programs that scientific evaluation has identified as effective or promising in preventing gender-based violence include school-based programmes to prevent child sexual abuse or dating violence; feminist self-defence for women and girls; bystander intervention programmes; and community-based programmes to transform gender norms. They should also take place in and outside of formal education, in particular, through strengthening sexualitycomprehensive sexuality and relationship education and socio- emotional competencies, empathy and developing healthy, consensual and respectful relationships.
Amendment 615 #
Proposal for a directive
Recital 59
Recital 59
(59) Member States should take measures to prevent the cultivation of harmful gender 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 domesticgender-based violence. Considering that from a very young age onwards, children are exposed to gender 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 gender stereotypes as of early- childhood education and care. Member States should take appropriate measures to ensure that programmes for offenders are also available for men and other people that are referred or self-referred outside of the criminal justice system and that immediate access to support is available, recognising their role in preventing future violence.
Amendment 620 #
Proposal for a directive
Recital 60
Recital 60
(60) In order to ensure victims of violence against women and domesticgender-based violence are identified and receive appropriate support, Member States should ensure that frontline professionals dealing with victims and offenders of all acts of gender-based violence and other professionals likely to come into contact with victims receive adequate, mandatory, gender-sensitive and systematic training and targeted information. Trainings should cover the risk and prevention of violence, intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims. To prevent and appropriately address instances of sexual harassment at work, persons with supervisory functions, as well as how to identify, respond and provide relevant referrals for the offenders. Trainings, moreover, should include prevention and identification of sexual harassment of the most marginalised groups who are often mistrusted when reporting, such as women with disabilities. To prevent and appropriately address instances of sexual harassment at work, cyber violence at work and domestic violence, as well as its consequences, persons with supervisory functions, trade union representatives and workplace health and safety representatives, should also receive training. These trainings should also cover assessments regarding sexual harassment at work, cyber violence at work and domestic violence and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45 . Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed by a patient. In all cases, trainings should also be provided on how to prevent that the offender adopts violent or non-prosocial behaviour, and take protective measures that do not penalise the victim and other co-workers. _________________ 45 Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).
Amendment 630 #
Proposal for a directive
Recital 61
Recital 61
(61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities and prevent secondary victimisation, Member States should liaise with non-governmental organisations, specialist services, law enforcement authorities, civil society and community- based organisations, in the development of trainings in particular regarding harmful gender stereotypes and prejudices, including multiple discrimination grounds, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.
Amendment 639 #
Proposal for a directive
Recital 62
Recital 62
(62) Intervention programmes should be set up to prevent and minimise the risk of (repeated) offences of violence against women or domesticgender-based violence. The programmes should specifically aim at teachingensuring that offenders or those at risk of offending how to adopt non- violent and pro-social behaviour in interpersonal relationships and how to counter violent behavioural patterns. Programmes should encourage offenders to take responsibility for their actions and examine their attitudes and beliefs towards women. Member States should ensure that perpetrator interventions comply with minimum standards and are in accordance with the best practices as demonstrated through data collected by the member states. Perpetrator intervention minimum standards should: a) be established only by trained professionals; b) have a holistic, gender- based and victims’ rights approach; c) include an individual risk assessment; d) hold perpetrators accountable and ensure that they adopt a non-violent and pro- social behaviour; e) be part of and integratable with multi-agency networks; f) strive towards a strong compatibility and collaboration with specialist services, particularly women’s support services; g) be adequately funded; h) provide guidelines for the evaluation of the outcome.
Amendment 644 #
Proposal for a directive
Recital 63
Recital 63
(63) In order to ensure that victims of the offences of cyber violence contained in this Directive can effectively realise their rights to have illegal material relating to such offences removed, Member States should encourage the cooperation between providers of intermediary services, as well as between providers of intermediary services, authorities and civil society organisations, such as through the establishment of Trusted Flaggers pursuant to Article 22 Regulation 2022/2065. To ensure that such material is detected early on and tackled effectively and that victims of those offences are adequately assisted and supported, Member States should also facilitate the establishment or use of existing self- regulatory measures of a voluntary nature, such as codes of conduct, including on the detection of systematic risks in relation to such cyber violence and the training of the providers’ employees concerned by preventing such violence and assisting victims, including psychological support.
Amendment 645 #
Proposal for a directive
Recital 63 a (new)
Recital 63 a (new)
(63a) Member States should also encourage the cooperation between providers of intermediary services as well as between providers of intermediary services, authorities and civil society organisations to ensure that victims of cyber violence are adequately assisted and supported. As cyber violence encompasses not only threats of violence but also the use of intrusions into a device to obtain, steal, reveal or manipulate intimate data, to broadcast personal data (“doxing”), or to stalk an individual. Assistance and support should therefore include training, technical assistance and resources to perform hardware checks to detect installed stalker software or apps, give advice to victims on how to use technology in a safe manner and provide guidance to technology companies to define the types of application behaviours that qualifies apps to be flagged as stalkerware.
Amendment 649 #
Proposal for a directive
Recital 64
Recital 64
(64) Policies to adequately tackle violence against women and domesticgender-based violence can only be formulated on the basis of comprehensive and comparable disaggregated data. In order to effectively monitor developments in the Member States and fill the gaps of comparable data, Member States should regularly conduct surveys using the harmonised methodology of the Commission (Eurostat) to gather data and transmit these data to the Commission (Eurostat and the European Institute of Gender Equality).
Amendment 651 #
Proposal for a directive
Recital 64 a (new)
Recital 64 a (new)
(64a) The relevant agencies, in particular the European Institute for Gender Equality should be provided with the necessary human and financial resources to fulfil the objectives, tasks and responsibilities assigned to it under this directive financed by a contribution from the general budget of the Union, with the necessary appropriations drawn exclusively from unallocated margins under the relevant heading of the multiannual financial framework and/or through the mobilisation of the relevant special instruments
Amendment 654 #
Proposal for a directive
Recital 65
Recital 65
(65) Member States should ensure that the data is collected are limited to whfor stat is strictly necessary in relation to supporting the monitoring of the prevalence and trends of violence against women and domestictical purposes in order to support the research, the monitoring of the prevalence and trends of all forms of gender-based violence and design new policy strategies in this field. Data collected should include the context in which the offence took place, such as at home, at the workplace or online, as well as information about whether a victim is at a heightened risk of experiencing gender-based violence, and design new policy strategies in this fields this will inform future targeted policy actions. It should also include whether violence was committed against victims affected by intersectional discrimination as defined in recital 11. When sharing the data collected, no personal data should be included.
Amendment 658 #
Proposal for a directive
Recital 68
Recital 68
(68) Since the objective of this Directive, namely to prevent and combat violence against women and domesticgender-based violence across the Union on the basis of common minimum rules, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the envisaged measures, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve that objective.
Amendment 659 #
Proposal for a directive
Recital 68 a (new)
Recital 68 a (new)
(68a) Member States should develop a common gender budgeting framework to ensure the implementation of this directive. This common gender budgeting framework should identify the concrete mechanisms through which the coordination among relevant national, regional and local stakeholders will be dealt with in order to implement this Directive, including best practices for improved cooperation between national authorities and civil society organizations such as specialist services, including women’s specialist services.
Amendment 664 #
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Directive lays down rules to prevent and combat violence against women and domesticgender based violence. It establishes minimum rules concerning:
Amendment 670 #
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) the rights of victims of all forms of violence against women or domesticgender based violence before, during or after criminal proceedings;
Amendment 671 #
Proposal for a directive
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) victims’ protection and victims’ support.measures for the protection, support and reparation of victims of all forms of gender-based violence
Amendment 674 #
Proposal for a directive
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(ca) the establishment and development of minimum rules on prevention measures.
Amendment 681 #
Proposal for a directive
Article 2 – title
Article 2 – title
2 Victims at an increased risk of gender based violence and specific risks, including intersectional discrimination
Amendment 682 #
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 gender or sex and other grounds such as nationality, race, colour, ethnic or social origin, genetic features, gender identity, gender expression, language, religion or belief, political or any other opinion, membership of a national minority, resources, birth, disability, age, sexual orientation, and socioeconomic class as well as other victims at an increased risk of domestic violence, so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5), Article 35(1) and Article 37(7).
Amendment 688 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Member States shall ensure that, in the application and implementation of this Directive, particular attention is paidgiven to the risk of intersectional discrimination, intimidation, retaliation, secondary and repeat victimisation and to the need to protect the privacy, as well as the physical and psychological dignity and physical integrity of victims.
Amendment 691 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) acts of violence against women or domesticgender based violence as criminalised under other instruments of Union law;
Amendment 692 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) any other acts of violence against women or domesticgender-based violence as criminalised under national law.
Amendment 696 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) “gender-based violence against women” meansis a violation of human rights and a form of discrimination and means all acts of gender-based violence, that isare directed against a woman or a girl because she is a woman or a girl or that affects women or girls in all their diversity 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;
Amendment 703 #
Proposal for a directive
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) “gender-based violence” means violence, or threats of such violence, that is directed against a person because of that person's gender, gender identity, gender expression or sex characteristics;
Amendment 711 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) “domestic violence” means all acts of violence that result in, or are likely to result in, physical, sexual, psychological, social or economic harm or suffering, cohesive control, or suffering, including threats of such acts, 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 residencehousehold with the victim;
Amendment 719 #
Proposal for a directive
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
Amendment 731 #
Proposal for a directive
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) “gender” means the socially constructed roles, behaviours, activities, and attributes that a given society considers appropriate within the binary construction of gender as male and female.
Amendment 732 #
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) “cyber violence” means any act of or gender-based cyber-violence” means any act or the extension of any act of gender-based violence covered by this Directive that is committed, assisted or aggravated in part or fully by the use of information and communication technologies;
Amendment 733 #
Proposal for a directive
Article 4 – paragraph 1 – point d a (new)
Article 4 – paragraph 1 – point d a (new)
(da) “gender based cyber violence against women” is understood as any act of gender-based cyber violence that is directed against a woman because she is a woman or affects women disproportionately;
Amendment 735 #
Proposal for a directive
Article 4 – paragraph 1 – point f a (new)
Article 4 – paragraph 1 – point f a (new)
(fa) “sexual harassment” means any form of unwanted physical, verbal, non- verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment or when a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for job-related decisions;
Amendment 736 #
Proposal for a directive
Article 4 – paragraph 1 – point f b (new)
Article 4 – paragraph 1 – point f b (new)
(fb) “providers of hosting services” means providers of the services as defined in Article 3 point (g) (iii) of Regulation (EU) 2022/2065 of the European Parliament and of the Council on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act);
Amendment 739 #
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-employmentfrom the world of work, including service personnel, informal and undocumented work, with the purpose or effect of violating the dignity of the victim, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment;
Amendment 741 #
Proposal for a directive
Article 4 – paragraph 1 – point g a (new)
Article 4 – paragraph 1 – point g a (new)
(ga) “cyber harassment” means unwanted conduct related to the gender or sex of a person, including of a sexual nature, by means of information and communication technologies with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment;
Amendment 742 #
(gb) “incitement” means statements about gender, race, colour, religion, descent or national or ethnic origin, which create an imminent risk of discrimination, hostility or violence against persons belonging to those groups.
Amendment 743 #
Proposal for a directive
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) “child” means any person below the age of 18 years; where the age of the victim is not certain but there are reasonable grounds to believe that the victim is under 18 years of age, the victim is presumed to be a child and benefits from special protection measures pending age verification;
Amendment 747 #
Proposal for a directive
Article 4 – paragraph 1 – point i a (new)
Article 4 – paragraph 1 – point i a (new)
(ia) “intimate material” means a visual recording or other material of a personal and private nature of a person made by any means, including a photograph, film, video recording or other images (a) in which the person is nude or is exposing their genital organs or anal region or breasts, or is engaged in explicit sexual activity; (b) which was recorded in circumstances that gave rise to a reasonable expectation of privacy; and/or (c) the person depicted retains a reasonable expectation of privacy at the time of the recording.
Amendment 748 #
Proposal for a directive
Article 4 – paragraph 1 – point i b (new)
Article 4 – paragraph 1 – point i b (new)
(ib) “Prevention” means a multi- layered approach of primary, secondary and tertiary action. These three levels complement each other and only together, they can combat gender based violence and protect victims effectively. Primary prevention focuses on reducing vulnerability before violence occurs so as to avoid its occurrence; secondary prevention focuses on identifying violence and intervening to disrupt it as early as possible; tertiary prevention focuses on long-term intervention to reduce the negative impact of violence and prevent recidivism.
Amendment 761 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) engaging with a woman or another person in any non- consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object;
Amendment 765 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) causing a woman or another person to engage with another person in any non-consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object.
Amendment 769 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Consent shall be given voluntarily as the result of free will and it shall be assessed in the context of the surrounding circumstances. Member States shall ensure that a non-consensual act is understood as an act which is performed without the woman’sperson’s explicit consent given voluntarily or where the womaperson is unable to form or express a free will due to their physical or mental condition, thereby exploiting their incapacity to form or express a free will, such asincluding but not limited to being in a state of fear, unconsciousness, intoxication, chemical submission sleep, illness, bodily injury or disability.
Amendment 779 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Consent is needed for each separate act and can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the womaperson’s silence, verbal or physical non-resistance or, past sexual conduct, or existing or past relationship with the offender.
Amendment 793 #
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) excising, infibulating or performing any other mutilation to the whole or any part of the labia majora, labia minora or clitoris;, including if performed by a healthcare professional and/or in a medical setting
Amendment 801 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6 a Forced abortion and forced sterilisation Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) performing an abortion on a woman without her prior and informed consent. (b) performing surgery which has the purpose or effect of terminating a woman’s capacity to naturally reproduce without her prior and informed consent or understanding of the procedure. (c) Member States shall ensure that the prior and informed consent of the woman to undergothe abortion or surgery referred to in points (a) and (b) of this article cannot be replaced by the consent of a parent, legal guardian or court’s decision.
Amendment 808 #
Proposal for a directive
Article 6 b (new)
Article 6 b (new)
Article 6 b Intersex Genital Mutilation Intersex genital mutilation Member States shall ensure that the following intentional conduct is punishable as a criminal offence: 1) Performing any surgical or medical procedure or hormonal treatment on the sex characteristics of a person with variations of sex characteristics, with the purpose or effect of altering such characteristics so that they align with those considered typically female or male: a. In the case the person referred to in paragraph 1 has the capacity to provide consent to the procedure or treatment, if the person does not provide informed consent; b. In the case the person referred to in paragraph 1 does not have the capacity to provide consent to the procedure or treatment, unless an urgent procedure or treatment is undertaken on reasonable grounds to save the person’s life or prevent serious damage to the person’s physical health. 2) Coercing a person with variations of sex characteristics to undergo any of the procedures or treatments referred to in paragraph 1 , or coercing the person holding parental responsibility to authorise any of the procedures referred to in paragraph 1.
Amendment 823 #
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, including those depicting sexual activities, of another person without that person’s explicit consent accessible to a multitude ofother end-users by means of information and communication technologies;
Amendment 830 #
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 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 or as if intimate images, videos or other material from another person, without that person’s explicit consent;
Amendment 850 #
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) persistently engaging in threatening or intimidating conduct directed at another person, by means of information and communication technologies, which causes that the person fears for own safety or that the person fears for safety of dependants;home environment, including family dependants, relatives or partners
Amendment 852 #
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) placing another person under continuous surveillance, without that person’s explicit consent or legal authorisation to do so, by means of information and communication technologies, to track or monitor that person’s movements and activities;
Amendment 858 #
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 explicit consent, accessible to a multitude ofother end-users, by means of information and communication technologies, for the purpose of inciting those end-users to cause physical or significant psychological harmharm or damage to the person.
Amendment 869 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) initiating an attack publicly or with third parties directed at another person, by making threatening or insulting material accessible to a multitude ofrelated to the gender or sexual activities of the person, accessible to other end-users, by means of information and communication technologies, with the effect of causing significant psychological harmdisparaging or causing harm or damage to the attackconcerned person;
Amendment 881 #
Proposal for a directive
Article 10 – paragraph 1
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 gendergender, sex or other protected groups under EU law, as referenced in Article 2 of this directive, by disseminating to the public material containing such incitement to violence or hatred by means of information and communication technologies is punishable as a criminal offence.
Amendment 887 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
In order to ensure online material qualifies as amounting to incitement to hatred or violence Members States shall consider a threshold test that includes the publicity of the message, the context of the message, the position of the speaker, intent, content and form of the speech, the extent of the speech act, and likelihood, including imminence of succeeding of the violence or hatred.
Amendment 892 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that inciting, and aididing, abetting and abetttempting the commission of any of the criminal offences referred to in Articles 5 to 910 are punishable as criminal offences.
Amendment 894 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 910 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that the criminal offence referred to in Article 6 is, 6a and 6b are 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.
Amendment 926 #
Proposal for a directive
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) the offence, or another criminal offence of violence against women or domesticgender-based violence, was committed repeatedly;
Amendment 929 #
Proposal for a directive
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the offence was committed against a person made vulnerable by particular circumstances, such as residence status, a situation of dependence, or a state of physical, mental, intellectual or sensory disability or distress, or living in institutions, including reception centres, detention facilities or accommodation centres for asylum seekers;
Amendment 953 #
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 committed against an undocumented migrant woman or an asylum-seeking woman;
Amendment 957 #
Proposal for a directive
Article 13 – paragraph 1 – point o b (new)
Article 13 – paragraph 1 – point o b (new)
(o b) the offence was committed against a public representative, a journalist or a human rights defender
Amendment 959 #
Proposal for a directive
Article 13 – paragraph 1 – point o c (new)
Article 13 – paragraph 1 – point o c (new)
(o c) The material uploaded by the offender has previously been subject to a removal order related to the offences referred to in Articles 7, 8, 9 and 10 of this directive
Amendment 982 #
Proposal for a directive
Article 16 – title
Article 16 – title
16 Reporting of violence against women or domesticgender-based violence
Amendment 986 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that victims, can report criminal offences of violence against women or domesticgender-based violence to the competent authorities in an easy and accessible manner, as well as in a safe environment, and that competent authorities take them seriously. This shall include the possibility of reporting criminal offences online or through other accessible and secure information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.
Amendment 991 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1 a. Member states shall ensure that victims are referred to a specialised and trained contact person within the competent authority irrespective of whether or not a criminal complaint is filed, and that any personal data of the victims shall not be revealed to offenders accessing the files.
Amendment 998 #
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 domesticgender-based violence have occurred, or that further acts of violence are to be expected, to report this to the competent authorities. Member States shall guarantee that the victim is informed about these third-party reports in advance and that an adequate risk assessment, risk management and safety planning are implemented before active steps are taken against the offender to ensure the safety of the victims and their children.
Amendment 1000 #
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. Where professionals report such instances of gender-based violence, including when the victim is a child, victims shall be duly informed in advance, a gender-sensitive and child-competent risk assessment and risk management conducted, and tailored safety, protection and support measures adopted before active steps are taken against the offender.
Amendment 1014 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Where children report criminal offences of violence against women or domesticgender-based 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 offence involves the holder of parental responsibility, Member States should ensure reporting is not conditional upon this person’s consent.
Amendment 1016 #
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Member States shall ensure that the competent authorities and other services coming in contact with a victim reporting offences of violence against women or domesticgender-based violence are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the first individual assessment referred to in Article 18.
Amendment 1020 #
Proposal for a directive
Article 16 – paragraph 5 a (new)
Article 16 – paragraph 5 a (new)
5 a. Member States shall ensure that competent authorities who come into contact with the victim who reports violence take into account the presence of the victim’s dependants when violence has occurred. Furthermore, competent authorities shall assess the state of physical and mental health of the dependants, to issue orders as referred to in Article 21 and seek compensation as referred to in Article 26.
Amendment 1028 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that personsstaff, units or services investigating and prosecuting violence against women or domestic violence have sufficient expertisegender-based violence have sufficient and specialised expertise, capacity 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 1030 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that reported offences of violence against women or domesticgender-based violence are processed and transferred without delay to the competent authorities for prosecution and investigainvestigation and prosecution.
Amendment 1032 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The competent authorities shall promptly and effectively record and investigate allegations of violence against women or domesticgender-based violence and ensure that an official complaint is filed in all cases.
Amendment 1034 #
3 a. Member states shall ensure that providing evidence should not represent a burden for the victims or contribute to further victimisation.
Amendment 1035 #
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The competent authorities shall promptly refer victims to relevant health care professionals or specialist support services referred to in Articles 27, 28 and 29 to assist in securing evidence, in particular in cases of sexual violence, where the victim wishes to bring charges and make use of such services, and to provide victims of sexual violence with appropriate medical care, including for the clinical management of rape. Victims shall not be pressured to bring charges or report the offence to the authorities. Victims shall be provided with information on the options available in securing evidence for an eventual criminal procedure, taking into consideration their actual physical and mental state and trauma.
Amendment 1045 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Investigations into or prosecution of offences referred to in Articles 5 and 6 shall not be dependent on reporting or accusation by a victim or by their representative, and criminal proceedings shallmay continue even if the report or accusation has been withdrawn under the condition that a comprehensive risk assessment has been conducted to identify and manage the emergent risks to the victim from a continuation of criminal proceedings.
Amendment 1049 #
Proposal for a directive
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
5 a. Member States shall ensure that investigation and prosecution of offences referred in Articles 7, 8, 9 and 10 are initiated following a report by or on behalf of the victim or upon judicial authorisation.
Amendment 1055 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. In tThe framework of the individual assessment which is to be carried out under Article 22 of Directive 2012/29/EU, . Member States shall ensure that, as regards victims covered by this Directive, the additional elements as set out in paragraphs 2 to 78 of this Article are assessed in the individual risk assessment. .
Amendment 1057 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1 a. Member States shall ensure that the instruments used for the individual assessment are built on data derived from the European context to ensure their validity and reliability.
Amendment 1058 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. This specialised gender-sensitive individual assessment shall be initiated immediately by specialist services upon the first contact of the victim with the competent authorities. The competent judicial authorities shall verify at the latest at the initiation of criminal proceedings whether an assessment has been conducted. If this has not been the case, they shall remedy the situation by undertaking an assessment as soon as possiblewithout further delay.
Amendment 1066 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of gender, sex and other grounds and therefore face a heightened risk of violence, whether they are pregnant, as well as the victim’s own account and assessment of the situation. It shall be conducteould consider whether the victim keeps any companion animals. It shall be conducted with a gender-sensitive approach and in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.
Amendment 1075 #
Proposal for a directive
Article 18 – paragraph 5 – point c
Article 18 – paragraph 5 – point c
(c) further measures to manageensure that the offender or suspect’s to adopts a non- violent and pro-social behaviour, in particular under Article 38 of this Directive.
Amendment 1079 #
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The individual assessment shall be undertaken by adequately trained professionals in collaboration with all relevant competent authorities depending on the stage of the proceedings, and relevant support services, such as victim protection centres and women’s shelters, social services and healthcare professionalspecialist services, including women’s specialist services and other relevant actors, such as social services, children specialised services, healthcare professionals, and other relevant victim protection centres.
Amendment 1088 #
Proposal for a directive
Article 18 – paragraph 7
Article 18 – paragraph 7
7. Competent authorities shall update the individual assessment at regular intervals to ensure the protection measures relate to the victim’s current situation. Thiseffectively and sufficiently address the victim’s current situation and needs. The individual assessment shall include an assessmentevaluation of whether protection measures, in particular under Article 21, need to be adapted or taken.
Amendment 1090 #
Proposal for a directive
Article 18 – paragraph 8
Article 18 – paragraph 8
8. Victims’ dependants shall be presumed to have specific protection needs without undergoing the assessment referred to in paragraphs 1 to 67.
Amendment 1091 #
Proposal for a directive
Article 18 – paragraph 8 a (new)
Article 18 – paragraph 8 a (new)
8a. Member States shall ensure that the safety and welfare of children take precedence over the rights of access of the offender when there are reasonable doubts as to safe contact with the child from both a physical and emotional point of view. In the determination of the custody and visitation rights of children, incidents of violence should be taken into account. Member States shall take the necessary legislative or other measures to ensure that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victims including children.
Amendment 1093 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall ensure that, taking into account the individual assessment referred to in Article 18, the competent authorities assess thestablish a system for the individual assessment that is adapted to the identification of immediate needs at the first contact and the support needs of victim’s and their dependant’s individual needs for support as provided for under Chapter 4within criminal proceedings, is repeated regularly, and is carried out in collaboration with other relevant authorities, depending on the stage of the proceedings. Such systems should be adapted to vulnerable victims and to those being supported through a multi-agency centre.
Amendment 1095 #
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. The individual assessment as well as the provision of services shall not depend on the victim’s willingness to press charges or testify against the offender.
Amendment 1100 #
Proposal for a directive
Article 20 – title
Article 20 – title
Referral to specialist support services
Amendment 1104 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. In addition to any referral, if the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that specialised support services contact victims to offer support., only with the victim’s knowledge and consent
Amendment 1108 #
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1 (new)
Article 20 – paragraph 1 – subparagraph 1 (new)
Amendment 1109 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The competent authorities shall respond to requests for protection and support, including medical care, in a timely and coordinated manner. They should be available without undue financial or administrative burden placed on the victim and irrespective of their residential or legal status.
Amendment 1115 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Where needed, they shall be able toMember States shall ensure that the competent authorities can refer child victims, including witnesses, to specialist support services without the prior consent of the abusive parent who is the holder of parental responsibility. In this case, the safety and protection needs of the non-abusive parent shall be assessed in parallel.
Amendment 1119 #
Proposal for a directive
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. The referral to support services, including specialist support services, as well as the provision of services shall not depend on the victim’s willingness to press charges or testify against the offender.
Amendment 1131 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Member States shall ensure that the competent authorities can issue restraining or protection orders to provide long-term protection for victims or their dependants and their companion animals against any acts of violence covered by this Directive, including by prohibiting or restraining certain dangerous behaviour of the offender or suspect.
Amendment 1134 #
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Member States shall ensure that in situations in which barring, restraining and protection orders are issued, perpetrators are informed and encouraged to enrol in specialised programmes addressing gender based violence.
Amendment 1144 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that the competent authorities informprovide victims ofwith the possibility to apply for emergency barring and restraining or protection orders, as well as the possibility to seek cross-border recognition of protection orders pursuant to Directive 2011/99/EU or Regulation (EU) No 606/2013.
Amendment 1149 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
Without prejudice to the rights of defence, Member States shall ensure that, in criminal investigations and court proceedings, questions, enquiries and evidence concerning past sexual conducthistory and/or victim blaming attitudes towards conduct or attire of the victim or other aspects of the victim’s private life related thereto, including, where relevant, notes from counselling or therapy sessions, are not permitted.
Amendment 1152 #
Proposal for a directive
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
Member States shall take the necessary legislative measures to prohibit mandatory alternative dispute resolution processes, in relation to all forms of violence covered by the scope of this Directive.
Amendment 1158 #
Proposal for a directive
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
Member States shall issue guidelines for the competent authorities acting in criminal proceedings, including prosecutorial and judicial guidelines, concerning cases of violence against women or domesticgender-based violence. Those guidelines shall include guidance on:
Amendment 1160 #
Proposal for a directive
Article 23 – paragraph 1 – point a a (new)
Article 23 – paragraph 1 – point a a (new)
(aa) how to apply a gender-responsive and intersectional approach in all actions and measures;
Amendment 1166 #
Proposal for a directive
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) how to treat victims in a trauma-, gender- disability-, language- and child- sensitive manner including through an intersectional approach as referred to in Article 2 of this directive;
Amendment 1173 #
Proposal for a directive
Article 23 – paragraph 1 – point d
Article 23 – paragraph 1 – point d
(d) how to ensure that victims are treated in a respectful way and that the proceedings are conducted in a manner as to prevent secondary or repeat victimisation;
Amendment 1174 #
Proposal for a directive
Article 23 – paragraph 1 – point e
Article 23 – paragraph 1 – point e
(e) how to cater to the enhanced protection, medical and support needs of victims experiencing discrimination based on a combination of gender or sex and other grounds;
Amendment 1183 #
Proposal for a directive
Article 23 – paragraph 1 – point g
Article 23 – paragraph 1 – point g
(g) how to refer victims to support services, including medical services, to ensure the appropriate treatment of victims and handling of cases of violence against women or domestic violencegender-based violence without delay.
Amendment 1185 #
Proposal for a directive
Article 23 – paragraph 1 – point g a (new)
Article 23 – paragraph 1 – point g a (new)
(ga) how to identify, recognise different typologies of offenders and address issues of minimisation, denial and victim- blaming, actively encouraging men to take responsibility for their violence and to voluntarily enrol in perpetrator programmes.
Amendment 1189 #
Proposal for a directive
Article 23 – paragraph 1 – point g b (new)
Article 23 – paragraph 1 – point g b (new)
(gb) how to deal with cases of cyber violence
Amendment 1190 #
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1 (new)
Article 23 – paragraph 1 – subparagraph 1 (new)
The Guidelines shall be elaborated in close cooperation with specialist services. They shall be reviewed at regular intervals, in light of their practical application, with the involvement of the specialist services, and necessary changes shall be made, if appropriate.
Amendment 1199 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point a
Article 24 – paragraph 1 – subparagraph 1 – point a
(a) provide independent assistance and advice to victims of violence against women and domestic violencegender-based violence and witnesses;
Amendment 1208 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Member States shall ensure that the bodies referred to in paragraph 1 can act on behalf or in support of one or several victims of violence against women or domesticgender-based violence in judicial proceedings, including for the application for compensation referred to in Article 26 and removal of online content referred to in Article 25, with the victims’ approval.
Amendment 1211 #
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.hosting services; Article 9 of Regulation 2022/2065 shall apply to these orders mutatis mutandis
Amendment 1218 #
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Member States shall ensure that orders referred to in paragraph 1 and 2 are valid for an appropriate time period not exceeding the duration of any related criminal proceedings or one year, subject to renewal for an additional appropriate time period, upon application by the victim, where the judicial authority seized considers that the conditions of paragraph 2 continue to be met. However, Member States shall ensure that, where criminal proceedings regarding the offences referred to in Article 7, point (a) and (b), Article 8, point (c), Article 9 or Article 10 are terminated without leading to the finding of such an offence having been committed, the orders are invalidated and the provider of intermediary services concerned is informed thereof.
Amendment 1219 #
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Member States shall ensure that orders to disable access referred to in paragraph 1 and 2 are valid for an appropriate time period not exceeding one year, subject to renewal for an additional appropriate time period, upon application by the victim, where the judicial authority seized considers that the conditions of paragraph 2 continue to be met. However, Member States shall ensure that, where criminal proceedings regarding the offences referred to in Article 7, point (a) and (b), Article 8, point (c), Article 9 or Article 10 are terminated without leading to the finding of such an offence having been committed, the orders are invalidated and the provider of intermediaryhosting services concerned is informed thereof.
Amendment 1220 #
Proposal for a directive
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Member States shall ensure that the orders and other measures referred to in paragraphs 1 and 2 are taken following transparent procedures and are subject to adequate safeguards, in particular to ensure that those orders and other measures are limited to what is necessary and proportionate and that due account is taken of the rights and interests of all parties involved, that human review and legal certainty is ensured, all affected parties can exercise their right to effective judicial redress in accordance, and that due account is taken of the rights and interests of all parties involved, including the fundamental rights of the parties concerned in compliance with the Charter.
Amendment 1222 #
Proposal for a directive
Article 25 – paragraph 5
Article 25 – paragraph 5
5. Member States shall ensure that the end-users of the relevant services are informed, where appropriate by the intermediaryhosting service providers concerned, of the reasons for the removal of or disabling access to the material pursuant to the orders or other measures referred to in paragraphs 1 and 2 and that those end-users have access to judicial redress.
Amendment 1225 #
Proposal for a directive
Article 25 – paragraph 6 a (new)
Article 25 – paragraph 6 a (new)
6a. Member States shall ensure these measures do not prevent providers of intermediary services from offering end- to-end encrypted services.
Amendment 1231 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall ensure that victims have the right to claim full compensation from offenders for damages resulting from all forms of violence against women or domesticgender-based violence.
Amendment 1232 #
Proposal for a directive
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. Member States shall ensure that when an offender compensation is awarded, the State may take over the enforcement of the award when the offender does not make the payment within a period of 8 months.
Amendment 1233 #
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The damage shall include costs for healthcare services, support services, rehabilitation, loss of income and other reasonable costs that have arisen as a result of the offence or to manage its consequences. The amount of the damages awarded shall also compensate for physical and psychological harm and moral prejudice. The victims shall be further entitled to claim damages compensating them for psychological harms and mental suffering.
Amendment 1244 #
Proposal for a directive
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Member States shall ensure that specialist support services referred to in Article 9(3) of Directive 2012/29/EU are available for victims of acts of violence covered by this Directive. The specialist support services shall provi, including sexual violence, female genital mutilation, forced marriage, forced abortion, forced sterilisation, sexual harassment and of various forms of cyber violence, regardless of their race, ethnicity, nationality, citizenship, socio-economic background, place of residence or residence status. The specialist support services shall be adequately resourced and managed by professionals who are specifically trained to assist and refer the victims to the appropriate services that shall include:;
Amendment 1250 #
Proposal for a directive
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) advice and, information and support on anyll relevant immediate and long-term legal or practical matters arising as a result of the crime, including on access to housinglegal and psychological counselling, consultation on safety, financial assistance and benefits, access to housing, healthcare, including physical and psychological medical care, childcare, education, training and assistance to remain in or find employment; , as well as referrals to relevant general support services;
Amendment 1257 #
Proposal for a directive
Article 27 – paragraph 1 – point a a (new)
Article 27 – paragraph 1 – point a a (new)
(aa) Immediate gender-sensitive support including, safe shelter, psychosocial support, legal advice and assistance, and socio-economic support;
Amendment 1259 #
Proposal for a directive
Article 27 – paragraph 1 – point a b (new)
Article 27 – paragraph 1 – point a b (new)
(ab) Referrals to adequate specialist services including, but not limited to, rape crisis centre, women’s support centers, women’s shelters, sexual violence referral centers, and primary prevention services;
Amendment 1260 #
Proposal for a directive
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) referrals to medical forensic examinationscare, including sexual and reproductive healthcare, rape crisis centres, forensic examinations and comprehensive healthcare services and social services, including the clinical management of rape;
Amendment 1265 #
Proposal for a directive
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
(c) support to victims of cyber violence, including securing of evidence and advice on judicial remedies and remedies to remove online content related to the crime, psychological counselling, as well as advice and information on how to continue an active online life.
Amendment 1272 #
Proposal for a directive
Article 27 – paragraph 1 – point c a (new)
Article 27 – paragraph 1 – point c a (new)
(ca) IT-hardware checks and advice and information on online safety including on stalkerware.
Amendment 1274 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 1 (new)
Article 27 – paragraph 1 – subparagraph 1 (new)
Member States shall ensure that access to any victim support services is free of charge and is not dependent on a victim making a formal complaint about a criminal offence to a competent authority.
Amendment 1275 #
Proposal for a directive
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. Member States shall ensure that support services focus on the human rights and safety of the victim; are based on an integrated approach that takes into account the relationship between victims, offenders, children and their wider social environment; aim to prevent secondary victimisation; aim to empower and achieve economic independence of women victims of violence; and address specific needs of vulnerable persons, including child victims, and made available to them.
Amendment 1279 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Specialist support referred to in paragraph 1 shall be offered in-person and shall be easily accessible via sufficient geographical distribution, including online or through other adequate means, such as information and communication technologies, tailored to the needs of victims of violence against women and domestic violencegender-based violence. The support shall be provided in a language that the victim can understand and in a manner that is age-appropriate for the victim.
Amendment 1284 #
Proposal for a directive
Article 27 – paragraph 3
Article 27 – paragraph 3
3. Member States shall ensure that specialist support services provided by non-governmental organisations have sufficient human and financial resources to provide the services referred to in paragraph 1, especially those referred to in point (c) of that paragraph free of charge to service users, including where such services are provided by non- governmental organisationsthe Member state .
Amendment 1290 #
Proposal for a directive
Article 27 – paragraph 4 a (new)
Article 27 – paragraph 4 a (new)
4a. Member States shall provide the protection and specialist support services necessary to comprehensively address the multiple needs of victims at the same premises, or have such services coordinated through a central contact point, or through online access to such services. Such combined offering of services shall include at least first hand medical care, referrals to comprehensive healthcare services and social services, psychosocial support, legal, and police services, and be available and accessible to victims with disabilities and other marginalised communities.
Amendment 1291 #
Proposal for a directive
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Member States shall issue guidelines and protocols for all relevant professionals, including healthcare and, social service professionaland child welfare/protection services on identifying and providing appropriate support to victims of all forms of violence against women and domestic violengender based violence, including treating victims in a sensitive manner, with consideration for the potential discrimination outlined in Article 2 of this directive, avoiding stereotypes, preventing secondary or repeat victimisation, and on referring victims to the relevant support services. Such guidelines and protocols shall be developed in close cooperation with specialist services, including on referring victims to the relevant support servwomen’s specialist services, based on their expertise and best practices, and taking into consideration the process and content of relevant risk assessment, risk management and safety planning, as regulated by Articles 18, 19 and 23 of this Directive. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of gender or sex and other grounds of discrimination. Such guidelines and protocols shall also address the specific needs of victims of sexual violence, as referred to in Article 28.
Amendment 1298 #
Proposal for a directive
Article 27 – paragraph 6
Article 27 – paragraph 6
6. Member States shall ensure that specialist support services remain fully operational for victims of violence against women and domesticgender based violence in times of crisis, such as health crises or other states of emergency., by providing sufficient upfront funding, to cover the costs to adequately adapt and respond to such crises
Amendment 1301 #
Proposal for a directive
Article 27 – paragraph 7
Article 27 – paragraph 7
7. Member States shall ensure that specialist support services are available to victims before, during and for an appropriate time after criminal proceedingtailored assistance and support to victims of gender based violence is available, free of charge, victims-centred and provided before, during and after the violence occurs.
Amendment 1306 #
Proposal for a directive
Article 27 – paragraph 7 a (new)
Article 27 – paragraph 7 a (new)
7a. Member States shall ensure a minimum of one rape crisis or sexual violence referral centres per 200,000 women.
Amendment 1307 #
Proposal for a directive
Article 27 – paragraph 7 b (new)
Article 27 – paragraph 7 b (new)
7b. Member States shall implement workplace support systems for victims of gender based violence including sexual harassment and domestic violence encompassing flexible and tailored support which should include paid leave, options to reduce or change work tasks for an agreed period of time, domestic violence risk assessment, financial support in cases of financial abuse, and personalised safety plans, amongst other to support from external gender based violence support organisations.
Amendment 1308 #
Proposal for a directive
Article 27 – paragraph 7 c (new)
Article 27 – paragraph 7 c (new)
7c. Member States shall ensure victims are able to take a minimum of 10 days of safe leave, not dependant on the filing of a formal complaint, which shall guarantee them the time to take any measures necessary to ensure the health and/or safety of themselves and their dependants, regardless of any other leave arrangements and independent from any other contractual obligations of the victim.
Amendment 1310 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall provide for appropriately equipped, easily accessible rape crisis centres and or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence (such as rape, sexual harassment, cyberviolence, obsteric violence, genital mutilation, sexual abuse, and sexual assault), including assisting in the preservation and documentation of evidence and in recording instances of sexual violence whose motives are related to the sex, gender, gender identity or gender expression and other personal characteristics of the victim. These centres shall provide for medical care and forensic examinations, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereaftimely referral to comprehensive healthcare services, including sexual and reproductive healthcare services, clinical management of rape, access to emergency contraception, treatment of sexually transmitted infections and abortion care, specialised trauma support and psychological counselling and accompaniment throughout court procedures, where a victim decides to pursue this,, after the offence has been perpetrated and until the best achievable level of victim’s recovery. Where the victim is a child, such services shall be provided in a child-friendly manner.by specialist support services for children. Interviews of children under the age of 16 who have experienced sexual violence must be limited and performed by a dedicated actor to prevent revictimisation,
Amendment 1317 #
Proposal for a directive
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. Member States shall guarantee that victims of sexual violence have timely access to comprehensive healthcare services, including sexual and reproductive healthcare, such as emergency contraception, safe and legal abortion, screening and post-exposure prophylaxis for sexually transmitted infections, and other necessary care.
Amendment 1320 #
Proposal for a directive
Article 28 – paragraph 1 b (new)
Article 28 – paragraph 1 b (new)
1b. The denial or delay of safe abortion care when the pregnancy results from rape is a violation of human rights and a form of gender-based violence, which breaches the prohibition of torture and cruel, inhuman and degrading treatment. Member States shall provide training, guidelines, and protocols to healthcare professionals, to address the physical, psychological, sexual, gynaecological, and reproductive consequences of sexual violence.
Amendment 1322 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The services referred to in paragraph 1 shall be available free of charge and accessible all day, every day of the week. They may be part of the services referred to in Article 27. The support shall be provided regardless of the nationality, citizenship, place of residence or legal status of the victim.
Amendment 1324 #
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Member States shall ensure a sufficient geographical distribution and capacity of these services across the Member State, with particular attention to making services accessible to women in rural and remote areas in a safe and confidential manner.
Amendment 1327 #
Proposal for a directive
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
3a. Member States shall provide training, guidelines and protocols to healthcare professionals to address the physical, psychological, sexual, gynaecological and reproductive consequences of sexual violence.
Amendment 1333 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure effective, age-appropriate , accessible, free of charge support to victims of female genital mutilation, including by providing, gynaecological, sexological, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been perpetrated and for as long as necessary thereafter. This shall also include the provision of information on units in public hospitals that perform genital and clitoral reconstructive surgery. Such support may be provided by the referral centres referred to in Article 28 or any dedicated health centre and with a holistic, multidisciplinary approach.
Amendment 1340 #
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Article 29a Specialist support for victims of forced sterilisation 1. Member States shall ensure that victims of forced sterilisation are provided with effective support, including gynaecological, psychological and trauma care tailored to the specific needs of such victims, after the offence has been committed and for as long as necessary thereafter. 2. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of forced sterilisation referred to in paragraph 1 of this Article.
Amendment 1341 #
Proposal for a directive
Article 29 b (new)
Article 29 b (new)
Article 29b Specialist support for victims of intersex genital mutilation 1. Member States shall ensure that victims of intersex genital mutilation are provided with effective support, including gynaecological, psycho-social, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been committed and for as long as necessary thereafter. This shall also include access to treatment and medications needed as a consequence of intersex genital mutilation. 2. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of intersex genital mutilation referred to in paragraph 1 of this Article.
Amendment 1345 #
Proposal for a directive
Article 30 – title
Article 30 – title
Specialist support for victims of sexual harassment at work
Amendment 1347 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
Member States shall, in consultation with the social partners, take measures to ensure external counselling and legal services are available for victims and employers in cases of sexual harassment at work or cyber violence and harassment at work. These services shall include advice on adequately addressing such instances at the workplace, on legal remedies available to the employer to remove the offender from the workplace and providing the possibility of early conciliation, if the victim so wishespending the outcome of dismissal procedure. The possibility of early conciliation should be available only if the victim so wishes. The costs of such counselling services and legal services shall be covered by the Member State or by the employer.
Amendment 1354 #
Proposal for a directive
Article 30 a (new)
Article 30 a (new)
Article 30a Support at work for victims of gender- based violence 1. Member States shall ensure that employers, in cooperation with trade union representatives, take appropriate measures to provide a safe working environment and support to victims of gender-based, and to ensure that consequences of gender-based violence on the safety of victims and co-workers and on productivity and performance at work are not taken into account in performance evaluations. Workers shall have the right to receive support from a trade union and the workplace health and safety representative.
Amendment 1356 #
Proposal for a directive
Article 30 b (new)
Article 30 b (new)
Article 30b Collective bargaining on harassment at work and gender based violence 1. Member States shall ensure that trade unions are able to bargain collectively on workplace measures to prevent and address sexual harassment at work and cyber violence at work, and to identify and support victims of gender-based violence. 2. Member States shall take measures to promote collective bargaining on workplace practices on preventing and addressing instances of sexual harassment, cyber violence and gender- based violence, including through awareness-raising and training of employers, trade union representatives and workplace health and safety representatives
Amendment 1357 #
Proposal for a directive
Article 30 c (new)
Article 30 c (new)
Article 30c Specialist support for victims of cyber violence 1. Victims of cyber violence shall be allowed to access the same specialist services as victims of other forms of gender-based violence covered in this Directive. 2. Specialist services provide victims with comprehensive, free, accessible and effective support, including psychological counselling and medical care tailored to their specific needs, securing of evidence, IT-hardware checks, as well as advice and information on online safety, including on stalkerware, on how to protect their privacy and continue an active online life, as well as on the legal avenues possible, including judicial remedies to remove online content as referred to in Article 25 of this Directive. 3. Victims of cyber violence shall have access to physical and online safe spaces where needed in order to seek for help and support, ask questions and to avoid social isolation. 4. The provision of support services shall be in a language that the victim understands and shall not depend on the victim’s willingness to press charges or testify against the offender. Under no circumstances shall victims of cyber violence be forced to engage in any intervention with an authority or service against their will, nor rushed into any process. 5. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of cyber violence referred to in paragraph 1 of this Article.
Amendment 1358 #
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Member States shall set up state- wide round-the-clock (24/7) telephone helplines, free of charge, to provide advice for victims of violence against women and domestic violence and with sufficient capacity to respond to all incoming calls, to provide advice for victims of all forms of gender-based violence. These helplines shall be run with the support of specialist services, including women’s specialist services, and shall connect the victims with other social, health and justice services.. Advice shall be provided confidentially or with due regard for their anonymity of victims. Member States shall ensure the provision of such service also through other information and communication technologies, including online applications were reasonably accessible to the victim. The staff working in such helplines should be trained to have appropriate knowledge, skills and language awareness to respond adequately to the individual needs of the victims.
Amendment 1366 #
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 1371 #
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
4. [Member States shall ensure that the service under paragraph 1 for victims of violence against women is operated undergender based violence is also possible to reach via the harmonised number at EU level “116 016” and that the end-users are adequately informed of the existence and use of such number.]
Amendment 1372 #
Proposal for a directive
Article 31 – paragraph 4 a (new)
Article 31 – paragraph 4 a (new)
4a. Member States shall ensure that all workers, regardless of the character and nature of the employment relationship, are sufficiently and adequately informed about the existence and accessibility of the victim helplines.
Amendment 1376 #
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall be accessible and shall address the specific needs of women victims of domestic violence and sexual violence, including by ensuring that there is access to single-gender shelters. They shall assist them in their recovery, providing safe, adequate and appropriate living conditions with a view on a return to independent living.
Amendment 1380 #
Proposal for a directive
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
1a. The shelters and other appropriate interim accommodations shall be accessible and equipped to accommodate the specific needs of victims with disabilities.
Amendment 1382 #
Proposal for a directive
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. The shelters and other appropriate interim accommodations shall be equipped to accommodate companion animals, or to provide adequate and appropriate alternative accommodations.
Amendment 1384 #
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 and irrespective of their migration status.
Amendment 1391 #
Proposal for a directive
Article 32 – paragraph 4 a (new)
Article 32 – paragraph 4 a (new)
4a. Member States shall ensure a minimum of one family place per 10,000 women.
Amendment 1394 #
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Member States shall ensure that children are provided specific adequate support, in cooperation with, and the support of, the non-violent parent(s) or guardian(s) as soon as the competent authorities have reasonable grounds to believe that the children might have been subject to, including having witnessed, violence against women or domesticgender-based violence. Support to children shall be specialised, accessible and age- appropriate, respecting the best interests of the child, and shall not require the prior consent of the holders of parental responsibility.
Amendment 1399 #
2. Child victims shall be provided with age-appropriate medical care, emotional, psychosocial, psychological and educational support, including linguistic and culturally mediated care and support, as well as any other appropriate support tailored in particular to situations of domestic violence.
Amendment 1414 #
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall establish and maintain safe places which allow a safe contact between a child and a holder of parental responsibilities who is an offender or suspect of violence against women or domesticgender-based violence, to the extent that the latter has rights of access. Member States shall ensure supervision by trained professionals, as appropriate, and in the best interests of the child referrals for offender to address both their violence towards their partner and to improve their parenting as appropriate, and in full consideration of the rights of the child, on a voluntary basis.
Amendment 1420 #
Proposal for a directive
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
In the determination of custody and visitation rights of children, Member States shall take the necessary legislative and other measures to guarantee that incidents of violence in the family are taken into account and that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or children. Member States shall aim to prohibit mandatory shared custody and/or visiting rights in cases of violence or suspected violence; and prohibit the use of parental alienation or any related concept in cases of violence when determining custody and visitation.
Amendment 1427 #
Proposal for a directive
Article 35 – title
Article 35 – title
Targeted support for victims with specificintersectional needs and groups at risk
Amendment 1429 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violencgender based violence, by way of intersectional characteristics as referred to in Article 2 of this directive, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with a minority racial or ethnic background, women sex workers, women detainees, or older women. LBTIQ women and other LGBTIQ people subject to gender-based violence, women sex workers, women detainees, or older women, and women in precarious working conditions, as well as substance abusers.
Amendment 1439 #
Proposal for a directive
Article 35 – paragraph 2
Article 35 – paragraph 2
2. The support services under Articles 27 to 32 shall be adequately funded to have sufficient capacities to accommodate victims with disabilities, taking into consideration their specific needs, including personal assistance.
Amendment 1442 #
Proposal for a directive
Article 35 – paragraph 3
Article 35 – paragraph 3
3. The support services shall be available for third-country nationals who are victims of violence against women and domesticgender based violence, including for applicants for international protection, for undocumented persons and for persons subject of return procedures in detention. Member States shall ensure that victims who request so may be kept separately from persons of the other sexdifferent genders in detention facilities for third- country nationals subject of return procedures, or accommodated separately in reception centres for applicants for international protection.
Amendment 1446 #
4. Member States shall ensure that persons can report occurrences of violence against women or domesticgender- based violence in reception and detention centres, as well as in mental health residential centres, to the relevant staff and that protocols are in place to adequately and swiftly address such reports in accordance with the requirements in Article 18, 19 and 20.
Amendment 1448 #
Proposal for a directive
Article 35 a (new)
Article 35 a (new)
Article 35a Gender-based asylum claims 1 Member states shall take the necessary legislative or other measures to ensure that gender-based violence against women may be recognised as a form of persecution within the meaning of Article 1, A (2), of the 1951 Convention relating to the Status of Refugees and as a form of serious harm giving rise to complementary/subsidiary protection. 2 Parties shall ensure that a gender- sensitive interpretation is given to each of the Convention grounds and that where it is established that the persecution feared is for one or more of these grounds, applicants shall be granted refugee status according to the applicable relevant instruments. 3 Parties shall take the necessary legislative or other measures to develop gender-sensitive reception procedures and support services for asylum-seekers as well as gender guidelines and gender- sensitive asylum procedures, including refugee status determination and application for international protection.
Amendment 1453 #
Proposal for a directive
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Member States shall take appropriate actions to prevent violence against women and domestic violence. gender based violence by adopting a comprehensive multi-layered approach of primary, secondary and tertiary action. Member States shall coordinate, sufficiently fund and evaluate all three approaches, in cooperation with women's specialist services and other civil society organisations. All such prevention measures shall be evidence-based, apply human rights approach over the whole life course, be grounded in gender equality and be carried out by qualified prevention workers
Amendment 1455 #
Proposal for a directive
Article 36 – paragraph 1 a (new)
Article 36 – paragraph 1 a (new)
1a. Member States should prioritise preventative measures that are social, community and survivor-centred, providing adequate funding to holistic social and support services, including those related to mental health, social protection and harm reduction, information provision, community intervention, programmes to disrupt developmental pathways to violence, social protection policies and mechanisms that enable people to access services, remedies and stability, including residence status, without conditions or requirements to engage with law enforcement and the criminal legal system.
Amendment 1457 #
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Primary preventive measures shall include awareness-raising campaigns, research and education programmes, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communhigh-quality and well- resourced education programmes, including comprehensive anti- discrimination and sexuality as well as feminist equality education, in early childhood education and care, in and outside of formal education, where appropriate developed in cooperation with relevant civil society organisations, specialist services, including women’s specialist services, social partners, impacted communities, local and regional governments or authorities and other stakeholders..
Amendment 1469 #
Proposal for a directive
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Member States shall make information on preventive measures, the rights of victims, access to justice and to a lawyer, and the available protection and support measures available to the general public in different formats accessible to persons with disabilities, via various media, and in a language that the victim can understand.
Amendment 1472 #
Proposal for a directive
Article 36 – paragraph 3 a (new)
Article 36 – paragraph 3 a (new)
3a. The Commission and Member states shall make available appropriate resources to promote the establishment and continuation of safe spaces, both online and offline, in particular single gender safe spaces, where women and girls in all their intersectional diversity as well as other potential targets of the types of violence covered by this directive, may go in order to exchange information, and (re)build community networks and receive peer-support, especially to those with the goal of empowering and uplifting women and girls in all their intersectional diversity.
Amendment 1473 #
Proposal for a directive
Article 36 – paragraph 4
Article 36 – paragraph 4
4. Targeted action shall be addressed to groups at risk, including expecting and new parents, children, according to their age and maturity, and persons with disabilities, persons living in rural areas, those in a crisis of homelessness, older women, women with no or low income, women detainees, undocumented and asylum seeking people, sexual and gender- identity minorities, women in all their diversity, racial and ethnic minorities, particularly vulnerable professional groups such as sex workers, and women with uncertain or without residence status taking into consideration language barriers and different levels of literacy and abilities. Information for children shall be formulated in a child-friendly way.
Amendment 1480 #
Proposal for a directive
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Preventive measures shall in particular aim at challenging harmful gender stereotypes, promoting equality between women and menempowering women and girls, supporting men and boys to engage with positive masculinity and gender equality challenging harmful gender stereotypes, educating on the concept of consent, promoting gender equality, 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.
Amendment 1485 #
Proposal for a directive
Article 36 – paragraph 5 a (new)
Article 36 – paragraph 5 a (new)
5a. These measures shall also promote bystander intervention, solidarity with victims and holding offenders accountable. These preventive measures should include comprehensive sexuality education programmes that challenge gender stereotypes and hierarchical relationships; stress the structural nature of gender inequality and its presence in sexuality and relationships and shall work as means to ultimately reduce violence, inequality and discrimination. Such programmes shall be launched as early as possible and in an intersectionally sensitive manner.
Amendment 1489 #
Proposal for a directive
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female genital mutiland intersex genital mutilation, as well as forced sterilisation, forced abortion and forced contraception. These should be designed in cooperation with relevant affected communities to ensure full coverage of their needs as well as sensitive, appropriate and non-stigmatising communication.
Amendment 1495 #
Proposal for a directive
Article 36 – paragraph 7
Article 36 – paragraph 7
7. Member States shall foster multidisciplinary and stakeholder cooperation, including intermediary services and competent authorities to develop and implement measures to tackle cyber violence, which should be in full compliance with fundamental rights. Preventive measures shall also specifically address cyber violence and in particular measures to protect young people. In particular, Member States shall ensure that education measures include the development of digital literacy skills, including critical thinking and engagement with the digital world, to enable users to identify and address cases of cyber violence, seek support and prevent its perpetration. Member States shall foster multidisciplinary and stakeholder cooperation, including a requirement for intermediary services and competent authorities to develop and implement measures to tackle cyber violence.
Amendment 1497 #
Proposal for a directive
Article 36 – paragraph 8
Article 36 – paragraph 8
8. Member States shall ensure that sexual harassment at work, in consultation with the social partners, ensure that sexual harassment, cyber violence at work and domestic violence is addressed in relevant national policies. Those national policies shall identify and establish targeted actions referred to in paragraph 2 for sectors where (this problem occurs)workers are most exposed.
Amendment 1498 #
Proposal for a directive
Article 36 – paragraph 8 a (new)
Article 36 – paragraph 8 a (new)
8a. Member States shall ensure that offender programmes are provided and open to those who are referred or who refer themselves outside of the criminal justice system. Member States shall ensure that such programmes are accessible and implemented by qualified prevention workers.
Amendment 1499 #
Proposal for a directive
Article 36 – paragraph 8 b (new)
Article 36 – paragraph 8 b (new)
8b. Member states shall develop policy to challenge the gender gap and structural inequality that leads to the perpetuation of gender based violence including work towards closing the education, income and political participation gender gaps as well as mobilising structural funds in order to improve access to social security systems
Amendment 1500 #
Proposal for a directive
Article 36 – paragraph 8 c (new)
Article 36 – paragraph 8 c (new)
8c. Member States should develop a harmonised, user-friendly, accessible and regularly updated directory of support services, helplines and reporting mechanisms to be made available in cases of cyber violence, which should contain information on the support available for other forms of gender-based violence;
Amendment 1501 #
Proposal for a directive
Article 36 – paragraph 8 d (new)
Article 36 – paragraph 8 d (new)
8d. Member States shall address the gender gap across all digital technology domains, including new technologies such as AI, and particularly in sectors such as the ICT and STEM. Member States shall facilitate the access of women and girls in all their diversity, as well as other marginalised communities to education and academia in these sectors.
Amendment 1502 #
8e. Member States shall promote comprehensive research on cyber violence, including root causes, prevalence and consequences, as well as to address algorithmic bias. The Commission shall support Member States in developing measures to address algorithmic bias.
Amendment 1503 #
Proposal for a directive
Article 36 a (new)
Article 36 a (new)
Article 36a National Action Plans for the elimination of gender based violence 1. Member States shall undertake a comprehensive assessment of the existing legal framework on gender equality and prevention of gender based violence to inform and facilitate the development of national action plans towards the elimination of gender based violence no later than 2 years following the entry in to force of this directive, together with civil society, feminist women’s specialist support services and other relevant stakeholders. 2. Member states should dedicate sufficient resources to ensure that action plans are developed through an intersectional lens and outline a comprehensive framework, centered around women and girls in all their diversity, comprised of concrete actions and practical goals, aimed at implementing holistic, societally focused policies to tackle structural inequality taking into special consideration inequalities in access to employment, education, healthcare, housing and engagement in the public sphere. 3. The Commission should ensure the full and correct implementation of these action plans and work together with, civil society, EIGE and other relevant stakeholders to develop specific indicators and benchmarks, in line with and in addition to those outlined in Article 44 of this directive, in order to monitor progress.
Amendment 1506 #
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall ensure that professionals likely to come into contact with victims and offenders, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim support andimary prevention workers, providers of specialised support services, victim support services, professionals wording in programmes for offenders, restorative justice services, healthcare professionals, social services, educational and other relevant staff, trade union representatives and workplace health and safety representatives receive both general and specialist, as well as initial and long-term training and targeted information to a level appropriate to their contacts with victims and offenders, to enable them to identify, prevent and address instances of violence against women or domesticgender based violence and to treat victims in a trauma-, gender- disability-, language- and child- sensitive manner. The training shall be provided by qualified trainers from women specialist services adhering to stringent quality standards in terms of training duration, frequency, methods and outcomes in line with the objectives of this directive.
Amendment 1514 #
Proposal for a directive
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
1a. To prevent violence in health care settings, particularly in gynaecology and obstetrics, health care workers shall receive training on patients’ informed consent and on treating patients in a respectful, dignified, non-discriminatory, gender-sensitive manner, including those who experience discrimination based on a combination of gender or sex and other grounds of discrimination.
Amendment 1518 #
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Relevant health professionals, including paediatricians and midwives, gynaecologists, and midwives and psychological support staff, shall receive targeted training to identify and address, in a non- discriminatory, understanding, respectful, gender- and culturally-sensitive manner, the physical, psychological and sexual consequences of female genital mutilationsexual violence, including rape, female and intersex genital mutilation and other harmful practices, forced abortion and forced sterilisation, and other harmful practices, taking into consideration multiple and intersecting layers of discrimination to which patients may be exposed. Linguistic and cultural mediators should always be available and trained to accompany the healthcare professional in treating FGM- affected patients. Training on patients’ informed consent and on treating patients in a respectful, dignified, non- discriminatory, gender-sensitive manner, including those who experience discrimination based on a combination of sex and other grounds of discrimination shall be put in place to prevent instances of violence in healthcare settings, particularly obstetric violence..
Amendment 1525 #
Proposal for a directive
Article 37 – paragraph 2 a (new)
Article 37 – paragraph 2 a (new)
2a. Healthcare professionals shall receive training on patients’ informed consent and on treating patients in a respectful, dignified, non-discriminatory, gender-sensitive manner, including those who experience discrimination based on a combination of sex and other grounds of discrimination, to prevent instances of violence in healthcare settings, particularly in gynaecology and obstetrics.
Amendment 1527 #
Proposal for a directive
Article 37 – paragraph 3
Article 37 – paragraph 3
3. Persons with supervisory functions in the workplace, including in the uniformed services and in the goods and services sector, trade union representatives and workplace health and safety representatives , in both the public and private sectors, shall receive training on how to recognise, prevent, respond and address sexual harassment at work, including on risk assessments concerning occupational safety and health risks, cyber violence at work and domestic violence, including on gender-responsive risk assessments, primary prevention measures concerning occupational safety and health risks, including risks of gender-based violence and harassment form third-parties and risk of domestic violence, to provide support to victims and witnesses affected thereby and respond in an adequate manner. Those persons and employers shall receive information about the effects of violence against women and, as well as to recognise and address issues of violence also with offenders. Those persons and employers shall receive information, training and guidance, about the effects of gender based violence on workers and the risk of third party violence and guidelines on how to deal with offenders, as well as adequate means to support victims of domestic violence onat work and the risk of third party violence. , They shall also receive training on how to recognise instances of domestic violence and provide support to victims and ensure that victims are able to continue working in a safe environment
Amendment 1532 #
Proposal for a directive
Article 37 – paragraph 4
Article 37 – paragraph 4
4. The training activities referred to in paragraphs 1 and 2 shall include training on co-ordinated multi-agency co-operation to allow for a comprehensive and appropriate handling of referrals in cases of violence against women or domestic violence.gender based violence. Such training activities shall be developed in cooperation with specialist services and women’s NGOs to ensure effective cooperation between Member States and civil society
Amendment 1537 #
Proposal for a directive
Article 37 – paragraph 5
Article 37 – paragraph 5
5. Without affecting media freedom and pluralism, Member States shall encourage and support the setting up of media training activities by media professionals’ organisations, media self- regulatory bodies and industry representatives or other relevant independent organisations, to combat stereotypical portrayals of women and menpeople, sexist images of women, and victim- blaming in the media, aimed at reducing the risk of violence against women or domesticall forms of gender based violence.
Amendment 1539 #
Proposal for a directive
Article 37 – paragraph 6
Article 37 – paragraph 6
6. Member States shall ensure that the authorities competent for receiving reports of offences from victims are appropriately trained, including abstention from victim- blaming attitudes and behaviours, timely victim referral to specialised services including women’s specialised services and data treatment, to facilitate and assist in the reporting of such crimes and to take into account the needs of victims.
Amendment 1542 #
Proposal for a directive
Article 37 – paragraph 7
Article 37 – paragraph 7
7. Training activities referred to in paragraphs 1 and 2 shall be regular and mandatory, including on cyber violence, and built on the specificities of violence against women and domestic violence. Such training activities shall include training on how to identify and address the specific protection and support needs of victims who face a heightened risk of violence due to their experiencing discrimination based on a combination of gender, sex and other grounds as outlined in Article 2 of this directive and shall encompass at least a module on the rights of victims of gender-based violence and a module aimed at developing soft skills, such as prevention of secondary victimisation, communication skills, active listening and empathy.
Amendment 1548 #
Proposal for a directive
Article 37 – paragraph 7 a (new)
Article 37 – paragraph 7 a (new)
7a. Member States shall ensure that trainings referred in this article are developed in conjunction with specialist support services. including victims organisations and civil society organisations, including feminist NGOs, in order to address and to explain the structural and endemic nature of gender- based violence, how it affects women and girls disproportionately, and on the intersecting forms of discrimination, as well as to ensure that victims’ needs are addressed and that the structural and endemic nature of gender-based violence is explained.
Amendment 1551 #
Proposal for a directive
Article 37 a (new)
Article 37 a (new)
Article 37a Prevention of denial of abortion care Member States must ensure that no woman or girl is denied access to abortion care, neither in law nor in practice. The denial or delay of safe abortion care, forced pregnancy and forced continuation of pregnancy are violations of human rights and forms of gender-based violence, that may amount to torture or cruel, inhuman or degrading treatment, depending on the circumstances, particularly where the life and health of the pregnant woman or girl is at risk, or where carrying a pregnancy to term would cause the pregnant woman or girl substantial pain or suffering, most notably where the pregnancy is the result of rape or incest or is not viable.
Amendment 1556 #
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, in coordination with specialised support services, to prevent and minimise the risk of committing offences of violence against women or domestic violence, or reoffendinggender based violence, or reoffending. The programs shall seek to hold offenders accountable, change attitudes and behaviours.
Amendment 1559 #
Proposal for a directive
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The intervention programmes shall be made available for participation including to persons who fear they might commit any offence of violence against women or domestic violence.gender based violence. An admission or conviction shall not be a prerequisite for inclusion in intervention programmes
Amendment 1561 #
Proposal for a directive
Article 38 – paragraph 2 a (new)
Article 38 – paragraph 2 a (new)
2a. Member States shall ensure that the perpetrator programmes comply with minimum standards and are in accordance with best practices, including at least the following conditions: - they shall be provided by trained staff; - they shall have a gender-based and feminist approach; - they shall be victim-orientated and include a full risk assessment of the perpetrator; - they shall hold perpetrators fully accountable; - they shall be part of and willing to cooperate within multiagency networks; - they shall strive to establish a strong collaboration with specialised support services, including women’s support services; - they shall be adequately funded; - they shall provide guidelines for evaluation of the outcome.
Amendment 1564 #
Proposal for a directive
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Member States shall adopt and implement state-wide effective, comprehensive and co-ordinated policies encompassing all relevant measures to prevent and combat all forms of violence against women and domesticgender- based violence.
Amendment 1566 #
Proposal for a directive
Article 39 – paragraph 3
Article 39 – paragraph 3
3. That body shall coordinate the collection of data referred to in Article 44 in a standardised and machine-readable format determined-based on a guidance published by the Commission, and analyse and disseminate its results.
Amendment 1574 #
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall put in place appropriate mechanisms to ensure effective coordination and cooperation, at the national level, of relevant authorities, agencies and bodies, including local and regional authorities, law enforcement agencies, the judiciary, public prosecutors, support service providers as well as non- governmental organisations, particularly feminist women's organisations, social services, including child protection or welfare authorities, education and healthcare providers, social partners, without prejudice to their autonomy, and other relevant organisations and entities.
Amendment 1577 #
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Member States shall cooperate with and consultbe obliged to cooperate with, provide adequate funding for and consult specialised and civil society organisations, including non-governmental organisations working with victims of violence against women or domestic violence, in particular in providing support to victims, concerninggender based violence , especially feminist organisations, in particular those working with vulnerable women and girls and victims at a heightened risk of gender-based violence, to ensure their meaningful participation in the implementation of policies and initiatives on preventing gender-based violence. In particular, the Commission and Member States shall provide sufficient funding to non-governmental organisations, including specialist and women’s specialist services, to carry out the objectives set out in the present Directive, and cooperate in providing adequate support to victims, policy- making initiatives, and regarding the development and implementation of information and awareness-raising campaigns, research and education programmes and including training programmes, as well as in monitoring and evaluating the impact of measures to support and protect victims.
Amendment 1585 #
Proposal for a directive
Article 41 – paragraph 1 a (new)
Article 41 – paragraph 1 a (new)
Member States shall develop a common gender budgeting framework to ensure the implementation of this directive. This common gender budgeting framework shall identify the concrete mechanisms through which the coordination among relevant national, regional and local stakeholders will be carried out in order to implement this Directive, including promising practices for improved cooperation between national authorities and civil society organizations such as specialist services, including women’s specialist services.
Amendment 1587 #
Proposal for a directive
Article 42 – paragraph 1
Article 42 – paragraph 1
Member States shall facilitatoversee the taking of self-regulatory measures by providers of intermediary services in connection to this Directive, in particular to develop or reinforce internal mechanisms to tackle the online material referred to in Article 25(1) and to improve thensure intersectional gender- sensitive training of their employees concerned on preventing, assisting and supporting the victims of the offences referred to therein.
Amendment 1595 #
Proposal for a directive
Article 43 – paragraph 1 – point b
Article 43 – paragraph 1 – point b
(b) exchanging information and best practices with relevant Union agencies, in particular EIGE;
Amendment 1597 #
Proposal for a directive
Article 43 – paragraph 1 – point c
Article 43 – paragraph 1 – point c
(c) providing assistance to Union networks working on matters directly relevant to violence against women and domesticgender-based violence.
Amendment 1603 #
Proposal for a directive
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Member States shall have an harmonised system in place for the collection, development, production and dissemination of statistics on violence against women or domesticall forms of gender-based violence, including the forms of violence referred to in Articles 5 to 101.
Amendment 1607 #
Proposal for a directive
Article 44 – paragraph 2 – introductory part
Article 44 – paragraph 2 – introductory part
2. The statistics shall include the following comparable data disaggregated by gender, sex, age of the victim and of the offender, relationship between the victim and the offender and type of offencethe context in which the offence took place, and the type of offence, as well as the reason or multiple reasons which motivated the offence, including the offences referred to in Articles 5 to 11:
Amendment 1611 #
Proposal for a directive
Article 44 – paragraph 2 – point -a (new)
Article 44 – paragraph 2 – point -a (new)
(-a) the availability of victim support services and the number of victims accessing them during the last 12 months;
Amendment 1614 #
(a) the number of victims who experienced violence against women or domesticgender-based violence during the last 12 months, last five years and lifetime;
Amendment 1620 #
Proposal for a directive
Article 44 – paragraph 2 – point b
Article 44 – paragraph 2 – point b
(b) the annual number of such victims, of issues barring or restraining orders, of reported offences, of persons prosecuted for and convicted of such forms of violence, obtained from national administrative sources, of the type of penalties, sentences or other measures applied, of termination of criminal proceedings and their reason for termination, of acquittals of the offender and their reasons.
Amendment 1625 #
Proposal for a directive
Article 44 – paragraph 2 – point b a (new)
Article 44 – paragraph 2 – point b a (new)
(ba) the number of victims who experienced violence, disaggregated by the ground or multiple grounds which motivated the offence as contained in Article 2 of this directive.
Amendment 1628 #
Proposal for a directive
Article 44 – paragraph 2 – point b b (new)
Article 44 – paragraph 2 – point b b (new)
(bb) the annual number of women on the overall waiting list for the support services (shelters and counselling).
Amendment 1629 #
Proposal for a directive
Article 44 – paragraph 2 – point b c (new)
Article 44 – paragraph 2 – point b c (new)
(bc) the number of refused women from the support services (shelters and counselling) (annual reporting).
Amendment 1630 #
Proposal for a directive
Article 44 – paragraph 2 – point b d (new)
Article 44 – paragraph 2 – point b d (new)
(bd) the number of shelter and family places per Member State (annual reporting).
Amendment 1631 #
Proposal for a directive
Article 44 – paragraph 2 – point b e (new)
Article 44 – paragraph 2 – point b e (new)
(be) the costs per shelter place for each Member State (annual reporting).
Amendment 1632 #
Proposal for a directive
Article 44 – paragraph 3 – subparagraph -1 (new)
Article 44 – paragraph 3 – subparagraph -1 (new)
-1 Within the same system, Member States shall collect data for statistical purposes to assess the progress and outcome(s) of criminal proceedings, such as the type of sanction(s) applied to the offender(s) and the length, and where applicable, the number of instances of criminal proceedings.
Amendment 1634 #
Proposal for a directive
Article 44 – paragraph 4
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 Eurostat and in line with the guidance referred to in Article 39(3) and the European Institute for Gender Equality in accordance with paragraph 5. They shall transmit this data to Eurostat and the European Institute for Gender Equality on a yearly basis. The transmitted data shall not contain personal data.
Amendment 1637 #
Proposal for a directive
Article 44 – paragraph 5
Article 44 – paragraph 5
5. TEurostat, in close cooperation with the European Institute for Gender Equality, shall support Member States in the data gathering referred to in paragraph 2, points (b), (c), (d) and (e), including by establishing common standards on counting units, counting rules, common disaggregations, reporting formats, and on the classification of criminal offences. Non-governmental organizations working on preventing and tackling gender based violence, including feminist organizations and women's specialist services, shall be involved and consulted in the development of the methodologies for surveys and administrative data collection regulated in this Article.
Amendment 1641 #
Proposal for a directive
Article 44 – paragraph 6
Article 44 – paragraph 6
6. The Member States shall make the collected statistics available to the public. The statistics shall not contain personal data. Data collection for statistical purposes should be ongoing to monitor trends and to identify good practices and areas for improvement. Eurostat and the European Institute for Gender Equality shall prepare a report every two years on the statistics linked to the implementation of this directive and shall transmit it to the European Parliament and the Council. The Commission shall ensure that sufficient funding is allocated to carry out such reporting.
Amendment 1643 #
Proposal for a directive
Article 44 – paragraph 7
Article 44 – paragraph 7
7. The Member States shall support research on root causes, effects, incidences and conviction rates of the forms of violence covered byin the field of all forms of victimisation covered by the scope of this Directive in order to study root causes, effects, the prevalence and risks of criminal victimisation, incidences and conviction rates, the effectiveness of support services in supporting victims, the level of implementation of provisions in thise Directive, among others.