100 Amendments of Lina GÁLVEZ MUÑOZ related to 2022/0066(COD)
Amendment 186 #
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 domestic violence throughout the Union. It does so by strengthening and introducing measures in the following areas: the definition of relevant criminal offences and penalties on sexual exploitation of women and cyberviolence against women, the protection of victims and their access to justice, victim support, prevention, coordination and cooperation.
Amendment 210 #
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 domestic violence endanger these very principles, undermining women and girls’ rights to equality in all areas of life and preventing the full advancement of women, girls and our societies as a whole.
Amendment 219 #
Proposal for a directive
Recital 4
Recital 4
(4) This Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, negligent rape, female genital mutilation, forced sterilisation, sexual exploitation through the prostitution of others, the purchase of sexual acts, reproductive exploitation of women through surrogacy, forced pregnancy, forced marriage, forced abortion and ban on abortion 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 women. This includes crimes such as femicide, sexual harassment, sexual abuse, 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. _________________ 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 226 #
Proposal for a directive
Recital 4
Recital 4
(4) This Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, 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 women. This includes crimes such as femicide, sexual harassment, sexual abuse, 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 irrespective of whether they shared housing or not. _________________ 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 249 #
Proposal for a directive
Recital 6
Recital 6
(6) Due to their vulnerability, children who witness violence against women or domestic violence suffer a direct emotional harm, which impacts their development. Therefore, such children should be considered victims and benefit from targeted and specialised protection measures.
Amendment 261 #
Proposal for a directive
Recital 7
Recital 7
(7) Violence against women is a violation of human rights, a major public health problem and is a persisting manifestation of structural discrimination against women, resulting from historically unequal power relations between women and men. It 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 274 #
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 rules, which addresses the persisting problem of violence against women and domestic violence in a targeted 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 domestic 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 domestic violence, it is not set out to address their specific needs. The persisting gravity of the problem of violence against women and domestic violence in the Union, clearly shown by the fact that the existing provisions have proven to be insufficient and exacerbated by the lack of mechanisms with which the full implementation of current provisions would be advanced in combination with the specificities of those crimes, justifies treating victims of violence against women and domestic violence differently in comparison to victims of other crimes in the Union and justifies the specific measures introduced by this Directive. _________________ 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 295 #
Proposal for a directive
Recital 11
Recital 11
(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. Member States should therefore pay due regard to victims affected by such intersectional discrimination, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) womenas well as women who do not conform to gender stereotypes, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence.
Amendment 302 #
Proposal for a directive
Recital 12
Recital 12
(12) Victims of violence against women and domestic 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 victims. Highlights that most of the time (67 %) the victim of sexual violence has had some previous acquaintance relation with the perpetrator and therefore, robust victim protection is needed in order to prevent further attacks6a. _________________ 6a https://fra.europa.eu/sites/default/files/fra _uploads/fra-2014-vaw-survey-main- results-apr14_en.pdf page 49
Amendment 325 #
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 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 consent 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 326 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Consent should always be given freely and voluntarily in a situation of mutuality and autonomy. Initial consent 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. There are a number of situations in which a victim is unable to form or express a free will and offences committed under those circumstances should therefore be deemed to be non-consensual acts. While making an assessment of a particular situation, personal and external circumstances should be taken into account. In that context, fear is not limited to the threat of a criminal act. The lack of consent due to intoxication should also cover incapacitation caused by drugs, alcohol or other intoxicating substances. Particularly vulnerable situations refer to situations in which victims have clearly limited opportunities to defend their sexual and/or physical integrity and avoid an assault. A particularly vulnerable situation could also include situations of particularly serious power imbalance, including the existence of coercive control over the victim or of serious economic dependence, or the disability condition, in particular those with intellectual or psychosocial disabilities or living in institutions. Non-consensual sexual penetration or any other non-consensual act of a sexual nature that, in view of the gravity of the act, is comparable to penetration should constitute rape also when committed against a spouse or intimate partner. Consent cannot be bought in exchange of economic compensation.
Amendment 348 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Sexual exploitation through the prostitution of others is a form of sexual exploitation which has already been recognised as an offence in legal acts of the Union, namely Directives 2011/36/EU and 2011/93/EU. Sexual exploitation through the prostitution of others is a gross violation of a person's right to bodily integrity and implies that both a person and their consent to sexual activity can be purchased for a given sum. Considering the prevalence of prostitution in our societies, fuelled by the trafficking trade, and the difference in law between the Member States, the offence of sexual exploitation through the prostitution of others has a clear cross border dimension, resulting in a need to combat that widespread violence against women on a common basis, which will ensure equal protection throughout the Union.
Amendment 357 #
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16b) Surrogacy is defined as the practice of recruiting a woman, whether for remuneration or not, to bear one or more children, whether or not conceived with her own oocytes, for the purpose of handing them over to a person or persons who wish to be assigned as parents of those children. Reproductive violence, rooted in inequality between women and men and a manifestation of structural discrimination against women, fall within the definition of violence against women of the Istanbul Convention and, as such, should be covered by this draft directive.
Amendment 367 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) "Cyber violence” means any act of violence against women, domestic violence, and/or any act of violence covered by this Directive that is committed, assisted or aggravated in part or fully by the use of information and communication technologies; online violence against women is understood as any act of gender-based cyber violence against women.
Amendment 377 #
Proposal for a directive
Recital 19
Recital 19
(19) Especially due to its tendency for easy, swift and broad distribution and perpetration, as well as its intimate nature, the non-consensual producing and/or making accessible of intimate images or videos and material 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 producing and/or 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 editing, of material that imitates intimate images or that makes it appear as though another person is engaged in sexual activities, insofar as the material is subsequently made accessible to a multitude ofother 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.
Amendment 379 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The pornography industry and online commercial exploitation of the explicit representation of non-simulated sexual practices should be banned or discouraged in all Member States in view of the effects that the industry of pornography has on trivialising and perpetuating sexual violence against women and girls, the commodification of women’s bodies, the and harmful gender- stereotypes.
Amendment 381 #
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 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. 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. Cyber harassment should include all types of explicit sexualised attacks, such as rape threats or description of sexual acts, that come with the intention to humiliate, intimidate and silence the victims.
Amendment 399 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) Member States shall include a gender-sensitive perspective in the implementation and evaluation of this Directive. A gender sensitive perspective means the structural understanding of the roots of violence against women and domestic violence, as a systemic phenomenon, and a result of pervasive inequality and discrimination against women which provides a breeding ground for tolerance towards violence against women. Gender neutral approaches to violence against women and domestic violence put at risk the safety of women and children victims.
Amendment 401 #
Proposal for a directive
Recital 24
Recital 24
(24) Victims should be able to report crimes of violence against women or domestic violence easily without being subject to secondary or repeat victimisation. To this end, Member States should also provide the possibility to submit complaints online or through other information and communication technologies for the reporting of such crimes. Victims of cyber violence, next to in-person reporting. Reporting should facilitate victims in all their diversity, including, inter alia, ensuring disability access, easy and accessible routes for those who live in remote areas, access to those experiencing restrictions to electronic communication services, and providing support services to assist those who cannot read and persons in institutions. Victims should be able to upload materials relating to their report, such as screenshots of the alleged violent behaviour.
Amendment 408 #
Proposal for a directive
Recital 25
Recital 25
(25) In the case of domestic violence and violence against women, 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. Such third party reporting is justified as a targeted measure for violence against women and domestic violence because such cases often occur in close relationships or family circumstances and may not be regarded as criminal acts and therefore not reported by those who experience or directly witness them. Similarly, instances of domestic violence or violence against women 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 they are not held liable for breach of confidentiality.
Amendment 410 #
Proposal for a directive
Recital 25
Recital 25
(25) In the case of domestic violence and violence against women, 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 women affecting children are often only intercepted by third parties noticing irregular behaviour or physical harm to the child. Children, including child witnesses of violence in this Directive, 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 they are not held liable for breach of confidentiality.
Amendment 445 #
Proposal for a directive
Recital 32
Recital 32
(32) Victims of violence against women and domestic violence are often in need of specific 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, taking into consideration victim’s needs and preventing any further or secondary victimisation. The first agency the victim contact shall inform them about further support agencies, which could provide support tailored to their need. 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 466 #
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
Amendment 467 #
Proposal for a directive
Recital 37
Recital 37
(37) Presenting evidence of past sexual behaviourVictim blaming attitudes are one of the main obstacles to access justice for victims and should be prohibited. Presenting evidence of past sexual behaviour, the sexual preferences and the attire or outfit of the victim, 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 conduct of the victim should not be permitted in criminal investigations and court proceedings.
Amendment 473 #
Proposal for a directive
Recital 38
Recital 38
(38) Given the complexities and gravity of offences of violence against women and domestic 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 placcan be considered to fulfil these tasks if they have the adequate specialised expertise on this matter. 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 domestic violence in judicial proceedings, including for the application for compensation and removal of online illegal content, 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 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 applicationof 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 476 #
Proposal for a directive
Recital 38
Recital 38
(38) Given the complexities and gravity of offences of violence against women and domestic 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 domestic 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 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 490 #
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, 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 of domestic 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. Adequate state compensation shall be awarded to those who have sustained serious bodily injury or impairment of health, and to orphans from victims, to the extent that the damage is not covered by other sources, such as the perpetrator. Member States are not precluded from claiming regress for compensation awarded from the perpetrator, as long as due regard is paid to the victim’s safety.
Amendment 494 #
Proposal for a directive
Recital 45
Recital 45
(45) Assistance and support to victims of violence against women and domestic violence should be made available and provided before, during and for an appropriate period after the criminal proceedings have ended, 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 in particular due to the statements made by the victim in those proceedings. Assistance and support shall be available to victims regardless of whether criminal proceedings have been initiated.
Amendment 534 #
Proposal for a directive
Recital 50
Recital 50
(50) The traumatic nature of sexual violence, including rape, requires a particularly sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care, comprehensive and long-lasting medical care, including sexual and reproductive healthcare as part of the clinical management of rape, emergency contraception, post-exposure prophylaxis and safe and legal abortion care and services, STI treatments and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Forensic examination shall be conducted as soon as the victim’s situation allows it, taking into account their trauma and mental health. Rape crisis centres or sexual violence referral centres should be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female genital mutilation, who are often girls, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims.
Amendment 552 #
Proposal for a directive
Recital 52
Recital 52
(52) Member States should ensure that national helplines are operated 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 helplines should be accessible to victims with disabilities and provide easy to understand information, including in different languages. 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.
Amendment 559 #
(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 situation 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-sex shelters, thereby ensuring maximum flexibility for victims. Shelters should always be available free of charge for the victim.
Amendment 562 #
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, basic legal advice and the well-being of their children, ultimately preparing victims for an autonomous life.
Amendment 568 #
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 and economic support 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 and orphans. 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 572 #
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 accountinterest of the child, their right not to be victimised and children's views should be of primary consideration and prevail over any perpetrators’ or suspects rights and also over any visiting rights of other persons having ties with the children. Specialised experts with proven experience in violence against women and risk assessment for victims and their children should be involved in the decision. Where necessary, Member States shall ensure that judicial authorities act to remove visiting rights permanently from perpetrators that continue to offend or do not engage in long term meaningful parenting programmes leading to improved outcomes for children.
Amendment 573 #
Proposal for a directive
Recital 55
Recital 55
(55) Member states shall take measures to ensure that, in determination of custody and contact or visitation rights of children, judicial authorities take into account incidents of violence against women and domestic violence and the results of the risk assessments concerning the non-abusive parent and the child victim, including child witnesses and orphans. Member States shall put in place measures to ensure that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or children 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.
Amendment 588 #
Proposal for a directive
Recital 56
Recital 56
(56) Victims with specific needs and groups at risk of violence against women or domestic violence, such as women in precarious socio-economic situations including from low and middle income countries and regions, 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, should receive specific protection and support.
Amendment 608 #
Proposal for a directive
Recital 58
Recital 58
(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter violence against women and domestic violence. Prevention should also take place in formal education, in particular, through strengthening sexuality and relationships education and socio-emotional competencies, empathy and developing healthy and respectful relationships.
Amendment 617 #
Proposal for a directive
Recital 59 a (new)
Recital 59 a (new)
Amendment 618 #
Proposal for a directive
Recital 59 a (new)
Recital 59 a (new)
(59a) In view of the effects that the industry of pornography has on trivialising and perpetuating sexual violence against women and girls, the commodification of women’s bodies, and harmful gender-stereotypes; preventative measures shall include banning and discouraging the commercial exploitation of the explicit representation of non- simulated sexual practices.
Amendment 627 #
Proposal for a directive
Recital 61
Recital 61
(61) In order to counteract underreporting and prevent secondary victimisation, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims and should involve specialist services and civil society organisations in law enforcement training, especially to target harmful stereotypes and misconceptions about sexual and domestic violence.
Amendment 650 #
Proposal for a directive
Recital 64
Recital 64
(64) Policies to adequately tackle violence against women and domestic 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 regularlyno less than every two years conduct surveys using the harmonised methodology of the Commission (Eurostat) to gather data and transmit these data to the Commission (Eurostat).
Amendment 675 #
Proposal for a directive
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(ca) prevention of violence against women and domestic or intimate violence
Amendment 695 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) “violence against women” is understood as a violation of human rights and a form of discrimination against women and shall means all acts of means gender-based violence, that is directed against a woman or a girl because she is a woman or a girl or that affects women or girls disproportionately, including all acts of such violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life;
Amendment 710 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) “domestic violence” means all acts of violence or threats of acts, of physical, sexual, psychological or economic that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering, that occur within the family or domestic unit, irrespective of biological or legal family ties, or between former or current spouses or partners, whether or not the offender shares or has shared a residence with the victim;
Amendment 715 #
(b) “domestic violence” means all acts of violence or coercive control that result in, or are likely to result in, physical, sexual, psychological, social or economic harm or suffering, that occur within the family or domestic unit, irrespective of biological or legal family ties, or between former or current spouses or partners, whether or not the offender shares or has shared a residence with the victim;
Amendment 744 #
Proposal for a directive
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
Amendment 750 #
Proposal for a directive
Article 4 – paragraph 1 – point j a (new)
Article 4 – paragraph 1 – point j a (new)
(ja) "secondary victimisation" occurs when the victim suffers further harm not as a direct result of the criminal act but due to the manner in which institutions and other individuals deal with the victim.
Amendment 760 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) engaging with a woman in any non- consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object, or engaging in any other non-consensual act of a sexual nature that is, in view of the gravity of the act, comparable to penetration;
Amendment 780 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the woman’s silence, verbal or physical non-resistance or past sexual conduct. Consent can not be bought in exchange of an economic compensation.
Amendment 794 #
Proposal for a directive
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(a a) Member States shall ensure that the conduct referred to in Article 5(1) is punishable as a criminal offence where the person responsible for the conduct was grossly negligent regarding the fact that the woman did not consent voluntarily or regarding the fact that the woman was unable to form free will.
Amendment 798 #
Proposal for a directive
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(b a) Sexual exploitation through the prostitution of others Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) procuring, hiring, or enticing another person for the purposes of prostitution; (b) obtaining any profit from the prostitution of another person.
Amendment 799 #
Proposal for a directive
Article 6 – paragraph 1 – point b b (new)
Article 6 – paragraph 1 – point b b (new)
(b b) Purchase of sexual acts Member States shall ensure that it is punishable as a criminal offence to intentionally solicit, accept or obtain a sexual act from a person, in exchange for remuneration, the promise of remuneration, the provision of a benefit in kind or the promise of such a benefit. 6d) performing an abortion or coercing a woman to endure a forced abortion which refers to the action of triggering an abortion without her prior and informed consent. 6e) procuring, hiring, recruiting or enticing a woman to gestate, give birth and give the child or children away- whether they are conceived with her own oocytes or not, in exchange for payment and/or through a contract, that entails renouncing to her parental rights to one or more people (called commissioners, clients or buyers).
Amendment 816 #
Proposal for a directive
Article 7 – title
Article 7 – title
7 Non-consensual sharing and producing of intimate or manipulated material
Amendment 817 #
Proposal for a directive
Article 7 – title
Article 7 – title
Amendment 821 #
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 depicting sexual activities, nudity or intimate areas of another person without that person’s consent accessible to a multitude of end- users by means of information and communication technologies;
Amendment 827 #
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 depicting sexual activities, of another person without that person’s consent accessible to a multitude of end-users by means of information and communication technologies;
Amendment 828 #
Proposal for a directive
Article 7 – paragraph 1 – point a a (new)
Article 7 – paragraph 1 – point a a (new)
Amendment 829 #
Proposal for a directive
Article 7 – paragraph 1 – point a a (new)
Article 7 – paragraph 1 – point a a (new)
(a a) production of intimate images without the consent of the depicted person;
Amendment 840 #
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) threatening to engage in the conduct referred to in points (a) and (b) in order to coerce another person to do, acquiesce or refrain from a certain act.
Amendment 841 #
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) threatening to engage in the conduct referred to in points (a) and (b) in order to coerce another person to do, acquiesce or refrain from a certain act.
Amendment 861 #
Proposal for a directive
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(c a) committing any other act by means of communication and information technologies that may cause psychological harm or financial damages to the victim.
Amendment 866 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) initiating an attack with third parties directed at another person, by making threatening or insulting material accessible to a multitude of end-users, by means of information and communication technologies, with the effect of causing significant psychological harm to the attacked person; this includes "cyber flashing": the sending of unsolicited sexual images via information or communication technologies and social media platforms;
Amendment 873 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) initiating an attack with third partiesor participating in an attack directed at another person, by making threatening or insulting material accessible to a multitude ofother end-users, by means of information and communication technologies, with the effect of causing significant psychological harm to the attacked person;
Amendment 878 #
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(b a) the sending of unsolicited pornographic and/or intimate material by means of information and communication technologies;
Amendment 942 #
Proposal for a directive
Article 13 – paragraph 1 – point i a (new)
Article 13 – paragraph 1 – point i a (new)
(i a) the offence has led the victim to experience secondary victimisation;
Amendment 950 #
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 a public representative, a journalist or a human rights defender, including women’s rights activists;
Amendment 967 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Articles 5 and 6 of at least 20 years from the time when the offence was committed.
Amendment 969 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 1008 #
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
Amendment 1067 #
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 sex and other grounds and therefore face a heightened risk of violence, as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation, taking into account the victims added vulnerability where dependent children are forced into access and custody arrangements.
Amendment 1111 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The competent authorities shall respond to requests for protection and support in a timely and coordinated manner. Such authorities should be empowered to inform proceedings dealing with access and custody by relevant statute.
Amendment 1114 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The competent authorities shall respond to requests for protection and support, in a timcluding medical care, without delay and in a coordinated manner.
Amendment 1129 #
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 against any acts of violence covered by this Directive, including by prohibiting or restraining certain dangerous behaviour of the offender or suspect. They should be available for the immediate protection and without undue financial or administrative burden placed on the victim. Such orders shall be issued for an adequate period of time and have a minimum duration of 4 months. They shall have immediate effect and be issued on an ex-parte basis which has immediate effect and not be dependent on a victim reporting the criminal offence.
Amendment 1142 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that the competent authorities inform victims of 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. Member States shall ensure the use of electronic monitoring to secure the enforcement of emergency barring, restraining and protection orders, especially in cases where the offender faces suspended sentence, interim measures or any other similar measure ordered by the competent authorities while the offender awaits the final decision of the court on the charges brought against them.
Amendment 1150 #
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 and relationships history and conduct of the victim or other aspects of the victim’s private life related thereto including, where relevant, medical records and notes from counselling or therapy sessions, are not permitted.
Amendment 1156 #
Proposal for a directive
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
Member States shall issue guidelinesdevelop specialised gender-sensitive guidelines in cooperation with women’s organisations, and issue them for the competent authorities acting in criminal proceedings, including prosecutorial and judicial guidelines, concerning cases of violence against women or domestic violence. Those guidelines shall include guidance on:
Amendment 1206 #
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 have the relevant expertise on criminal law and the violence addressed in this Directive. If so, they can act on behalf or in support of one or several victims of violence against women or domestic 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 1216 #
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 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. Adequate state compensation shall be awarded to those who have sustained serious bodily injury or impairment of health, and to orphans from victims, to the extent that the damage is not covered by other sources, such as the perpetrator. Member States are not precluded from claiming regress for compensation awarded from the perpetrator, as long as due regard is paid to the victim’s safety.
Amendment 1229 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall ensure that victims and, if applicable, their dependents have the right to claim full compensation from offenders for damages resulting from all forms of violence against women or domestic violence.
Amendment 1238 #
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1
Article 26 – paragraph 5 – subparagraph 1
The limitation period for bringing a claim for compensation shall be no less than 5 years from the time the offence has taken placebeen reported to the authorities.
Amendment 1240 #
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 2
Article 26 – paragraph 5 – subparagraph 2
In cases of sexual violence and female genital mutilation, the limitation period shall be no less than 120 years.
Amendment 1254 #
Proposal for a directive
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) immediate gender-sensitive support, advice and information on any relevant legal or practical matters arising as a result of the crime, including on access to housing, education, training and assistance to remain in or find employment;
Amendment 1262 #
Proposal for a directive
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) referrals to medical care, including sexual and reproductive healthcare, rape crisis centres, sexual violence referral centres and forensic examinations; ;
Amendment 1268 #
Proposal for a directive
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
(c) support to victims of cyber violence, including psychological support, advice on judicial remedies and, remedies to remove online content related to the crime and securing of evidence.
Amendment 1282 #
Proposal for a directive
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. If the offence involves, directly or indirectly, the holder of parental responsibility, Member States should ensure that access to specialist support is not conditional upon this person's consent.
Amendment 1313 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall provide for appropriately equipped, easily accessible rape crisis or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence. These centres shall provide for medical care and forensic examinations, timely referral to other medical care, including sexual and reproductive healthcare as part of the clinical management of rape, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereafter. Where the victim is a child, such services shall be provided in a child-friendly manner.
Amendment 1316 #
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, safe and legal abortion care, emergency contraception, and screening and post-exposure prophylaxis for sexually transmitted infections as well as other related and relevant medical procedures.
Amendment 1335 #
Proposal for a directive
Article 29 – paragraph 1 a (new)
Article 29 – 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, emergency contraception, and screening and post- exposure prophylaxis for sexually transmitted infections.
Amendment 1342 #
Proposal for a directive
Article 30 – title
Article 30 – title
30 Specialist support for victims of sexual harassment at, cyber violence and third-party violence in the world of work
Amendment 1346 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall ensure, in consultation with the social partners, take measures to ensure that external counselling services and legal service 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 wishes. pending 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. 2. Member States shall ensure that victims of sexual harassment at work or cyber violence and harassment at work including victims of domestic violence shall be entitled to paid leave in order to attend counselling services and to paid leave of appropriate duration. Workers shall have the right to receive support and representation from their trade union, and to have access to information on available remedies and access to legal remedies. Trade union representatives shall be able to support workers in any relevant proceedings. 3. Member States shall ensure that employers take appropriate measures to prevent and address instances of sexual harassment, cyber violence and third- party violence at work. Employers must be prevented from direct and indirect discrimination of workers on the basis they have sought to vindicate their rights under this Directive, taken a claim, or being proved to be a victim of sexual harassment, domestic violence, cyber violence, and / or exposed to non- consensual sharing of intimate or manipulated material. 4. Member States shall ensure that undertakings (or group of undertakings) take, in consultation with trade unions and workers’ representatives, appropriate measures to prevent and address instances of sexual harassment, cyber violence and third-party violence at work, to provide a safe working environment and to support victims, within their own operations, the operations of their subsidiaries and third party operations with whom the undertaking or group of undertakings or its subsidiaries have entered into a license agreement or franchise agreement. 5. Undertakings or group of undertakings establish, where applicable through collective bargaining with trade unions, training programmes and policies to prevent and tackle sexual harassment, cyber violence and third-party violence at work and shall provide accessible and effective complaint mechanisms for victims. 6. Undertakings or group of undertakings shall apply the policy, training programme and complain mechanisms referred to in paragraph 5 to all workers employed throughout their own operations, the operations of their subsidiaries, and third party operations with whom the undertaking or group of undertakings or its subsidiaries have entered into a license agreement or franchise agreement. 7. Member States shall ensure that undertakings (or group of undertakings) provide public, adequate and transparent reporting concerning prevention and corrective measures, the number of complaints received and their treatment.
Amendment 1350 #
Proposal for a directive
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
Member states shall adopt appropriate measures to mitigate the impacts of domestic violence in the world of work that can include: (a) leave for victims of domestic violence; (b) flexible work arrangements and protection for victims of domestic violence; (c) temporary protection against dismissal for victims of domestic violence, as appropriate, except on grounds unrelated to domestic violence and its consequences; (d) the inclusion of domestic violence in workplace risk assessments; (e) a referral system to public mitigation measures for domestic violence, where they exist; and (f) awareness-raising about the effects of domestic violence.
Amendment 1353 #
Proposal for a directive
Article 30 a (new)
Article 30 a (new)
Article 30a Domestic violence safe-leave 1. Member States shall take the necessary measures to ensure that each worker affected by domestic violence has an individual right to safe-leave of up to 10 days that is to be taken in any period of 12 consecutive months, in order to attend to ongoing matters arising due to domestic violence, to be specified by each Member State or by collective agreement. The domestic violence safe leave shall be a paid leave. 2. The right to domestic violence safety leave shall be granted irrespective of the worker's marital or family status, as defined by national law. Member States shall ensure that the domestic violence safety leave will be distinct from other leave entitlements. 3. One person with close ties to the victim, such as a relative or household member, and who is closely supporting the victim, shall be entitled to minimum 3 days of paid domestic violence leave each year.
Amendment 1387 #
Proposal for a directive
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3a. The shelters and other appropriate interim accommodations shall be equipped to accommodate companion animals, or provide adequate and appropriate alternative accommodations.
Amendment 1396 #
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Member States shall ensure that children are provided specific adequate support 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 domestic violence. Support to children shall be specialised and age-appropriate, respecting the best interests of the child, and shall not require the prior consent of the holder of parental responsibility accused of the violence.
Amendment 1404 #
Proposal for a directive
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Where it is necessary to provide for interim accommodation, children shall as a priority be placed together with other family members, in particular with awith the non- violent parent in permanent or temporary housing, equipped with support services. Placement in shelters shall be a last resort.
Amendment 1416 #
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
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 domestic 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 thetake the necessary legislative or other measures to ensure that, in the determination of custody and visitation rights of children, incidents of violence covered by the scope of this Directive are taken into account. 2 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 victim or child. ren.
Amendment 1422 #
Proposal for a directive
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
Member States shall aim at prohibiting mandatory shared custody and/or visiting rights in cases of violence or suspected violence; and prohibit the use of so-called “parental alienation” or any related concept when determining custody and visitation rights in cases of violence or suspected violence.
Amendment 1436 #
1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violence, 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 workersin prostitution, women detainees, or older women.
Amendment 1487 #
Proposal for a directive
Article 36 – paragraph 5 a (new)
Article 36 – paragraph 5 a (new)
5a. Member States shall promote and support research aimed at better understanding the root causes of gender based violence, including all forms of violence against women. This shall include qualitative and quantitative research with both experiences of victims and offenders as research subjects.
Amendment 1655 #
Proposal for a directive
Article 45 – paragraph 1 a (new)
Article 45 – paragraph 1 a (new)
EU Coordinator on ending violence against women Member States should facilitate the tasks of an EU coordinator, which may improve coordination and coherent approach in the implementation of the different legislative tools on violence against women, avoiding duplication of effort, between Union institutions and agencies as well as between Member States and international actors and contributing to the development of existing or new Union policies and strategies relevant to ending the continuum of violence against women and girls or reporting to the Union or international institutions.