41 Amendments of Maria-Manuel LEITÃO-MARQUES related to 2022/2138(INI)
Amendment 24 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas sexual harassment means any form of unwanted verbal, non-verbal or physical conduct of a sexual nature that occurs in the course of, linked with, or arising in matters of employment, occupation, self-employment, education, in public spaces and any other area of life, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment; whereas women and girls are disproportionately affected by sexual harassment; whereas perpetrators are predominantly men;
Amendment 25 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas gender based violence, including abuse and harassment must be seen in the light of broader perspectives such as sexism, harmful gender stereotypes and unequal power relations in society and working life; whereas various dimensions are needed to understand what creates superiority and inferiority in society and working life; whereas feminist trade unionism is an important tool to prevent sexual harassment in the workplace and for bringing about change by taking the starting point that gender, as well as other intersecting identities, shapes people's position in the labour market and societies as a whole;
Amendment 36 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas gender-based violence is both a cause and a consequence of gender inequality; whereas to prevent and combat gender-based violence, including sexual harassment, it is crucial that the EU and Member States make significant progress towards achieving gender equality by concrete action and fully implementing gender mainstreaming and gender budgeting in all policy areas and decision- making;
Amendment 41 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas the MeToo movement has shown the magnitude and nature of sexual harassment and has sparked an international movement and a debate about the underlying causes and possible responses; whereas despite the public response, the progress in addressing the issue of sexual harassment after five years of the MeToo movement is not sufficient and there is a need for urgent action;
Amendment 44 #
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. whereas non-disclosure agreements (NDAs), also known as confidentiality clauses, are legally binding agreements that prevent a person or organisation from sharing information; whereas the MeToo movement raised public awareness of the misuse of NDAs, exposing their use to protect individuals; whereas the misuse of NDAs in the context of sexual harassment is of concern and need to be addressed;
Amendment 47 #
Motion for a resolution
Recital C
Recital C
C. whereas one in two women (55 % ) have been sexually harassed in the EU; whereas 32 % of all victims in the EU said the perpetrator was a superior, colleague or customer; whereas 75 % of women in professions requiring qualifications or top management jobs have been sexually harassed; whereas 61 % of women employed in the service sector have been subjected to sexual harassment7a; whereas the proportion of women who have ever worked and have experienced any unwanted behaviour with a sexual connotation in the workplace varies between Member States, ranging from 11 % to 41 %7 ; whereas cyber harassment, like other forms of gender-based cyber violence, has become increasingly common; _________________ 7 EU survey on gender-based violence against women and other forms of inter- personal violence (EU-GBV) – first results – 2022 edition. 7a European Union Agency for Fundamental Rights report of 3 March 2014 entitled "Violence against women".
Amendment 51 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 56 #
Motion for a resolution
Recital D
Recital D
D. whereas harassment is widespread butand under-reported; whereas harassment is often linked to other forms of discrimination in addition to gender- based discrimination, which has to be addressed with an intersectional approach and from all angles; whereas harassment in the workplace has serious consequences for the physical and psychological health and well-being of employees and therefore its prevention and treatment should be a priority for every employer;
Amendment 60 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas victims of sexual harassment are often unlikely to report it; whereas this is often due to the normalisation of sexual harassment, lack of awareness about what constitutes sexual harassment, fear of reprisals, lack of effective redress or reporting mechanisms, lack of specialised support services for victims, secondary victimisation, and stereotypes blaming the victim instead of the perpetrator;
Amendment 65 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas sexual harassment in education is widespread and under- reported; whereas harassment in education has serious consequences for the physical and mental health and well- being of students, impacts the students learning and has life long implications; whereas harassment and violations in education risks becoming normalized which has severe consequences not only in education but also in workplaces and every part of society; whereas the progress in addressing the issue of sexual harassment in education, including preventive measures, is not sufficient;
Amendment 71 #
Motion for a resolution
Recital E
Recital E
E. whereas despite the progress made in addressing the issue of sexual harassment after the MeToo movementand the fact that some Member States, individual companies, schools and other actors have implemented measures to prevent and combat sexual harassment the progress is not sufficient and there is still a lot to be done withinto eliminate harassment in the EU and the European institutions and beyond; whereas the European institutions have started to adapt their internal rules and procedures in order to better prevent, identify, counter and sanction harassment; whereas the implementation of prevention mechanisms has given rise to a certain degree of reluctance resulting not only from ignorance of the phenomenon of harassment but also from the lack of clarity of the existing legal rules;
Amendment 74 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas sexual harassment and other types of violence, offensive or unwanted behaviour in the workplace must be understood as a health and safety issue and not as individual problems of the victim or the perpetrator; whereas no part of the labour market nor working life is protected from sexual harassment, but the incidence varies, as do the expressions the harassment can take;
Amendment 76 #
Motion for a resolution
Recital E b (new)
Recital E b (new)
E b. whereas studies show that working conditions, job security and type of work are risk factors for being exposed of sexual harassment at work; whereas collective bargaining is an important tool for preventing and combating violence and sexual harassment, including gender- based violence in workplaces, third-party harassment, and the effects of domestic violence at work;
Amendment 78 #
E c. whereas sexual harassment is a widespread phenomenon that undermines equality at work, while it can affect anyone, sexual harassment particularly affects women, and reinforces stereotypes about their abilities and aspirations; whereas sexual harassment can have a silencing effect and negative impact on victims’ pay, career progression and working conditions, and potentially drive individuals out of the world of work; whereas it also contributes to fewer women entering or remaining in the labour market, adding to the labour force participation gap, and to women being paid less than men and thereby exacerbating the gender pay gap;
Amendment 79 #
Motion for a resolution
Recital E d (new)
Recital E d (new)
Amendment 82 #
Motion for a resolution
Recital F
Recital F
F. whereas in its previous resolutions, Parliament called for the introduction of several concrete measures introducingcluding the introduction of mandatory anti- harassment training for all Members as soon as they take office in the beginning of the mandate, and a zero-tolerance approach but, several years on, only some of them have been fully implemented and more needs to be done;
Amendment 87 #
Motion for a resolution
Recital G
Recital G
G. whereas the European institutions in general and the European Parliament in particular, as a legislator, should set an example for all employerMember States, employers, and EU institutions; whereas Members of the European Parliament, both as the directly elected representatives of EU citizens and as legislators, have a special responsibility to carry out their duties respecting the highest standards and EU law;
Amendment 96 #
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Strongly condemns all forms of gender-based violence, including sexual violence, and all forms of harassment, notably sexual harassment; welcomes in this regard the Commission’s proposal for a Directive on combating violence against women and domestic violence; reiterates its call on the Commission to submit on the basis of Article 83(1) TFEU a proposal for Council decision identifying gender based violence as a new area of crime;
Amendment 97 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reaffirms the EU’s commitment to tackling gender-based violence and welcomes the proposal for a directive on combating violence (COM(2022)0105); calls on the EU and the Member States to ensure that sexual harassment is included as a criminal offence in the field of work, as per existing EU anti-discrimination directives, and any other sphere of life, in line with the Istanbul Convention;
Amendment 103 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Recalls that gender equality is a core value of the EU and must be mainstreamed in all EU policies, activities and programmes; regrets the slow progress towards gender equality in the EU and recalls that gender based violence is both a cause and a consequence of gender inequality; stresses the urgent need for progress and insists that the EU and its Member States fully commit to speeding up progress including by implementing gender mainstreaming and gender budgeting in all EU policies, activities and programmes;
Amendment 118 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on all Member States to ensure that any intentional form of unwanted verbal, non-verbal or physical conduct of a sexual nature with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment are punishable as criminal offences;
Amendment 122 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is convinced that educational institutions and employers, including the European institutions, should behave as exemplary employers and establish zero-tolerance standards; establish zero-tolerance standards towards any type of harassment and work actively on prevention of harassment, adequate victim protection and support, and countering all forms of discrimination and should apply strict implementation of rules in this regard;
Amendment 126 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on Member States, in consultation with the social partners, to ensure that employers take appropriate measures to prevent and address instances of sexual harassment, cyber violence and third-party violence at work; stresses that employers must be prevented from dismissing, discriminating or in any way disadvantaging workers who are victims of sexual harassment;
Amendment 127 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls on Member States to ensure that employers, in cooperation with trade union representatives, take appropriate measures to provide a safe working environment and support to victims of sexual harassment; highlights in this context that workers shall have the right to receive support from a trade union and the workplace health and safety representative;
Amendment 128 #
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Calls om Member States to take measures to promote collective bargaining on workplace practices on preventing and addressing instances of sexual harassment, including through awareness-raising and training of workers and employers, trade union representatives and workplace health and safety representatives;
Amendment 129 #
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Underlines that social partners play a key role in addressing harassment at work, including sexual harassment and cyber violence at work;
Amendment 130 #
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4 e. Calls on the Commission and the Member States to set goals to reduce the number of precarious jobs and involuntary part-time work in order to improve the situation of women in the labour market and to reduce the risk of sexual harassment in the world of work;
Amendment 131 #
Motion for a resolution
Paragraph 4 f (new)
Paragraph 4 f (new)
Amendment 132 #
Motion for a resolution
Paragraph 4 g (new)
Paragraph 4 g (new)
4 g. Highlights that the ILO’s Violence and Harassment Convention, 2019 (No. 190) and Recommendation (No. 206) are the first international labour standards to provide a common framework to prevent, remedy and eliminate violence and harassment in the world of work, including gender-based violence and harassment; calls on the Member States, who have not yet ratified the Convention, to do so without delay;
Amendment 134 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets the fact that, in spite of the progress initiated by the MeToo campaignmovement, which helped to break the silence and raise awareness of the need to implement better working conditions for all staff, cases of sexual harassment still occur all over the EU and within the European institutions, including Parliament; recalls that these cases cast a shadow over the functioning of our institutions and undermine the confidence of EU citizens in them;
Amendment 141 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. RecallUnderlines the importance of prevention, withhich can be achieved by information and awareness-raising efforts, andtrainings of employers, trade union representatives and workplace health and safety representatives, the promotion of zero- tolerance for harassment campaigns and policies; considers that the existing campaigns should be reinforced; , and to provide advisory and psychological assistance to victims, as well as advice on police contacts and referrals to providers of legal recourse;
Amendment 147 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls that gender-based violence, sexual harassment and sexist language occurs in educational settings; emphasizes that all students have the right to a safe learning environment without any type of harassment, including sexual harassment; calls on all Member States to ensure that educational institutions have a zero-tolerance approach to any forms of misconduct, offers support to victims, and are obliged to prevent harassment and sexual harassment;
Amendment 148 #
6 b. Emphasizes that challenging gender prejudices and stereotypes are important preventive measures in all spheres of society, including throughout the education cycle, from primary school to lifelong learning, and can reduce gender imbalances in all spheres of life;
Amendment 149 #
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Underlines the central role of men and boys in ending all forms of harassment and sexual harassment; calls on all Member States and actors to actively involve men in awareness-raising and prevention campaigns, as well as education campaigns and action for gender equality;
Amendment 153 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that sexual harassment cases are still under-reported because victims do not use the existing channels, demonstrating the need for further effort, among other things, victims fear that relationships at work would be negatively affected; that the report would not be believed or taken seriously; embarrassment; fear of a negative impact on career or lack of procedures to facilitate reporting; stresses the need for further efforts to raise awareness of reporting procedures and support to victims with regard to the prevention of sexual harassment;
Amendment 160 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission and the Member States, in cooperation with Eurostat and EIGE, to improve, promote and ensure research on evidence-based practices and the systematic collection of relevant, sex- and age-disaggregated, comparable data on cases of sexual harassment and gender-based discrimination and psychological harassment, including cyber harassment, at national, regional and local level;
Amendment 162 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls on the Commission and Member States to carry out research into the causes and consequences of sexual harassment, including the impact that sexist and stereotyped advertisements may have on the incidence of violence and harassment;
Amendment 163 #
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. reiterates its recommendation to revise the Staff Regulations, especially Article 22c thereof, in order to align it with the standards of the Whistle-blower Directive;
Amendment 195 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Insists that the measures to address sexual harassment in the Parliament are not strong enough and do not include all of the actions requested in previous resolutions; welcomes the fact that this parliamentary term is the first in which Members have been required to sign a declaration confirming their commitment to complying with the Code of Appropriate Behaviour; notes with concerns that despite efforts taken there are still cases of sexual harassment in Parliament;
Amendment 215 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes the work of the Advisory Committee on Harassment and its prevention at the workplace and the Advisory Committee dealing with harassment complaints concerning Members of the European Parliament; calls for full transparency about how Parliament is addressing issues of harassment, while protecting the identity of those affected, and invites both committees to draft and publish their monitoring reports and risk assessments annually on the European Parliament website; calls for an independent evaluation of the measures in place by external and auditors selected in a transparent procedure; recommends, in line with its previous resolutions, that a task force of independent experts be set up with a mandate to examine the situation of sexual harassment and abuse in Parliament, in order to carry out an evaluation of its existing Advisory Committees dealing with complaints concerning harassment, and propose adequate changes;
Amendment 220 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. reiterates its call for measures to aim to provide protection against victimisation of or retaliation against complainants, victims, witnesses and whistle-blowers;