Activities of Eugenia RODRÍGUEZ PALOP related to 2021/2035(INL)
Plenary speeches (1)
Identifying gender-based violence as a new area of crime listed in Article 83(1) TFEU (debate)
Shadow reports (1)
REPORT with recommendations to the Commission on identifying gender-based violence as a new area of crime listed in Article 83(1) TFEU
Amendments (58)
Amendment 5 #
Motion for a resolution
Citation 3
Citation 3
– having regard to the Charter of Fundamental Rights of the European Union, and in particular Articles 1, 2, 3, 4, 6, 7, 8, 10, 11, 12, 21, 23, 24, 25, 26, 47 and 479 thereof,
Amendment 7 #
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the country- monitoring reports by the Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO),
Amendment 18 #
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
– having regard to General recommendation No. 33 on women’s access to justice of 3 August 2015 of the Committee on the Elimination of Discrimination against Women,
Amendment 20 #
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
– having regard to General recommendation No. 35 on gender-based violence against women, updating general recommendation No. 19, of 14 July 2017 of the Committee on the Elimination of Discrimination against Women,
Amendment 22 #
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
– having regard to the report by European Union Agency for Fundamental Rights entitled ‘Crime, safety and victims’ rights’, published in 2021,
Amendment 38 #
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to the Council Conclusions on Women, Peace and Security, published on 10 December 2018,
Amendment 43 #
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
– having regard to the Commission communication ‘A Union of Equality: Gender Equality Strategy 2020-2025’,
Amendment 48 #
Motion for a resolution
Citation 15 c (new)
Citation 15 c (new)
– having regard to the Commission communication ‘EU Strategy on victims' rights (2020-2025)’,
Amendment 51 #
Motion for a resolution
Citation 15 d (new)
Citation 15 d (new)
– having regard to the Commission communication ‘Union of Equality: LGBTIQ Equality Strategy 2020-2025’,
Amendment 52 #
Motion for a resolution
Citation 15 e (new)
Citation 15 e (new)
– having regard to the Commission communication ‘EU strategy on the rights of the child’,
Amendment 54 #
Motion for a resolution
Recital A
Recital A
A. whereas equality between women and men is a core value of the Union enshrined in Article 2 of the Treaty on European Union (TEU); whereas the right to equal treatment and non- discrimination is a fundamental right enshrined in the Treaties and in the Charter of Fundamental Rights; whereas ending male violence against women and girls is a prerequisite to achieving real equality between women and men;
Amendment 63 #
Motion for a resolution
Recital C
Recital C
C. whereas gender-based violence is violence directed against women because they are women and ior that affects women disproportionately; whereas LGBTI persons are also victims of gender-based violence because of their gender, gender identity, gender expression and sex characteristics; whereas gender-based violence is rooted in gender stereotypes, patriarchal structures and power asymmetriegender-based violence is rooted in historically unequal power relations, gender stereotypes, heteropatriarchal structures and power asymmetries and structural and institutional inequalities; whereas LGBTIQ+ persons also suffer violence because of their gender, gender identity, gender expression and sex characteristics;
Amendment 85 #
Motion for a resolution
Recital D
Recital D
D. whereas the European Institute for Gender Equality defines femicide as the killing of women and girls because of their gender; whereas femicides are the extreme manifestation of existing forms of violence against women and represent the ultimate act of violence which is experienced in a continuum of violence; whereas many types of femicides are not counted in the official figures and remain invisible;
Amendment 89 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas, according to EIGE, secondary victimisation, also known as re- 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’; whereas ‘secondary victimisation may be caused, for instance, by repeated exposure of the victim to the perpetrator, repeated interrogation about the same facts, the use of inappropriate language or insensitive comments made by all those who come into contact with victims’;
Amendment 94 #
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas violence against women and girls is one of the most widespread violation of women’s rights in Europe; whereas one in three women in the EU, which represents 62 million women, has experienced physical and/or sexual violence since the age of 15; whereas the WHO reports that worldwide, almost one third (27%) of women aged 15-49 years who have been in a relationship report that they have been subjected to some form of physical and/or sexual violence by their intimate partner; whereas the WHO reports that globally as many as 38 % of all murders of women are committed by intimate partners;
Amendment 97 #
Motion for a resolution
Recital E
Recital E
E. whereas there is a lack of comprehensive and comparable disaggregated data on all forms of gender- based violence; whereas the lack of comparable data is also the result of a lack of harmonisation in the definitions linked to gender-based violence; whereas comprehensive and comparable disaggregated data is essential to document gender-based violence and its root causes;
Amendment 101 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas gender-based violence towards women and girls in all their diversity, in particular intimate partner violence, has dramatically increased during the COVID-19 pandemic; whereas lockdown measures made it more difficult for victims of intimate partner violence to seek help as they are often confined with their abusers, and have limited access to support services, and insufficient support structures and resources have exacerbated an already existing ‘shadow’ pandemic;
Amendment 107 #
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas gender-based violence may be perpetuated by persons in positions of authority, while placed in custodial settings such as prisons, mental health facilities, detention centres, welfare facilities and refugee camps; whereas situations of overcrowding, high levels of stress and lack of privacy may also lead to gender-based violence;
Amendment 108 #
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas gender-based violence continues to be underreported in the EU; whereas two thirds of victims do not report to the authorities; whereas by equipping police officers with the soft skills to carefully listen, understand and respect all women who have experienced gender-based violence, they can help address underreporting, re-victimisation and create a safer environment for survivors of gender-based violence; whereas ensuring affordable and safe access to an independent justice system is indispensable to promote a safer environment for all survivors of gender- based violence;
Amendment 110 #
Motion for a resolution
Recital E e (new)
Recital E e (new)
Ee. whereas sexual violence is part of a continuum of gender-based discrimination and violence closely intertwined with persistent inequalities and broader attacks on gender equality, women’s and girls’ human rights;
Amendment 111 #
Motion for a resolution
Recital E f (new)
Recital E f (new)
Ef. whereas the Istanbul Convention is the most comprehensive instrument in Europe to combat specific forms of male violence against women and girls, as well as domestic violence; whereas it establishes a comprehensive framework of legal and policy measures for preventing such violence, supporting victims and punishing perpetrators; whereas Bulgaria, Czech Republic, Hungary, Latvia, Lithuania and Slovakia have not ratified the Istanbul Convention yet; whereas Poland announced its intention to withdraw; whereas Turkey’s withdrawal from the Istanbul Convention sets a bad precedent;
Amendment 117 #
Motion for a resolution
Recital F
Recital F
F. whereas Union action aiming to eradicate violence against women and girls and other forms of gender-based violence demands that the Commission pursue several parallel avenues including proposing the extension of Eurocrimes to gender-based violence and at the same time proposing a Directive on gender- based violence using Article 83(1) TFEU as a legal basis;
Amendment 131 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Condemns all forms of gender- based violence against women and girls and otherall forms of gender-based violence, such as violence against LGBTIQ+ persons, and deplores the fact that women and girls continue to be exposed to psychological, physical, sexual and economic violence, including sexual exploitation and trafficking in human beings, both online and offline;
Amendment 149 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that violence against women and other forms of gender-based violence aregainst women is the result of the unequal access and distribution of power, resources, heteropatriarchal structures, and gender stereotypes and discriminatory gender norms, that have led to domination over and discrimination against women by men; underlines that this situation is aggravated by social and economic inequalities and significant reductions in public spending; highlights that heteropatriarchy and gender inequalities put lesbian, bisexual trans and intersex women at risk of violence;
Amendment 162 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the #MeToo movement, which symbolises the voice of women breaking the wall of silence that surrounds sexual harassment and sexual violence against women in all their diversity across all ages, sectors and places; denounces the fact that in some countries victims of sexual harassment and sexual violence are increasingly being charged and even convicted of defamation, thus creating a chilling effect, re-victimising and silencing the women who dare to speak out;
Amendment 186 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the Council of Europe Convention on preventing and combating violence against women and domestic violence (the ‘Istanbul Convention’) remains the international standard and a key tool for the eradication of gender- based violence by following a holistic and coordinated approach that places the rights of the victim at the centre and addresses the issues from a wide range of perspectives; stresses the need for all Member States in the EU to ratify the Istanbul Convention and to fully implement all its provisions as well as the need for the EU to access the Convention; notes with concerns the attempts in some Member States to promote campaigns against the Istanbul Convention which deny the existence of gender-based violence;
Amendment 196 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Denounces the fact that the combat against gender-based violence is negatively affected by the attack on women’s rights and gender equality; condemns the actions of anti-gender and anti-women movements in Europe and worldwide that aim to overturn existing laws on women’s rights and LGBTI+ rights; systematically attack women’s and LGBTI+ rights, including sexual and reproductive rights, and aim to overturn existing laws that protect them; urges the Commission to ensure that all civil society organisations that receive EU financial support do not promote gender discrimination;
Amendment 201 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Denounces the fact that the combat against gender-based violence is negatively affected by the attack on women’s rights and gender equality; condemns the actions of anti-gender and anti-womenfeminist movements in Europe and worldwide that aim to overturn existing laws on women’s rights and LGBTIQ+ rights;
Amendment 207 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Insists on actions to prevent gender- based violence by addressing the underlying causes, including counteracting sexism, genderpatriarchal gender norms, stereotypes and patriarchal values; underlines the need for gender equality to have a central place in education and the need for awareness- raising campaigns, including comprehensive sexuality education, feminist self-defence training, and more general actions to combat segregation, gender inequality and discrimination; welcomes the Commission’s commitment in the Gender Equality Strategy affirming that “educating boys and girls from an early age about gender equality and supporting the development of non-violent relationships” is key for effective prevention;
Amendment 220 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that the attack against women’s rights and gender equality is often one dimension of a broader deterioration in the situation of democracy, the rule of law and fundamental rights, and therefore calls on the Commission and the Council to consider women's and LGBTI+ rights violations in the context of ongoing Article 7 TEU proceedings;
Amendment 226 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to improve the regular availability and comparability of quality, disaggregated data on all forms of gender- based violence through cooperation with Eurostat, the European Union Agency for Fundamental Rights and the European Institute for Gender Equality; stresses that in order to increase our understanding of gender-based violence, it is necessary to ensure that at least the following categories are included in the data collection: the number of complaints, the number and types of protection orders issued, the rates of dismissal and withdrawal of complaints, prosecution and conviction rates as well as time taken for disposal of cases, information on the sentences imposed on perpetrators and the reparation, including compensation, provided for victims/survivors, incidents reported to helplines or health and social services dealing with cases of violence against women and sample surveys; highlights that data should be disaggregated by type of violence, relationship between the victim/survivor and the perpetrator, as well as in relation to intersecting forms of discrimination against women and other relevant socio- demographic characteristics, including the age of the victim;
Amendment 240 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights the need for targeted policies with an intersectional approach to address the situation of survivors who experience intersectional forms of discrimination, such as women refugees, asylum seekers and migrants, indigenous women, racialised women, women from religious and ethnic minorities, lesbian, bisexual and trans women, eolderly women and, women with disabilities and women in poverty;
Amendment 246 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that gender-based violence is a serious violation of human rights and dignity that can take the form of psychological, physical, sexual and economic violence, and includes, among other, femicide, intra partner violence, sexual harassment, cyber violence, stalking, rape, early and forced marriage, female genital mutilation (FGM), crimes committed in the name of so-called ‘honour’, forced abortion, forced sterilisation, sexual exploitation and human trafficking, institutional violence, second order violence, vicarious violence and secondary victimisation;
Amendment 250 #
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Recalls that human trafficking and sexual exploitation is a form of gender-based violence against women and girls and stresses the importance of a gender sensitive approach to human trafficking;
Amendment 255 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that violations of sexual and reproductive rights, including sexual violence, reproductive coercion and specifically denial of abortion care, gynaecologic and obstetrical violence and harmful practices, are a form of gender- based violence against women and girls, and stresses that the ECtHR has ruled on several occasions that restrictive abortion laws and lack of implementation violates the human rights of women;
Amendment 260 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Deplores the structural deficiencies in the law enforcement system, which results in unacceptably low conviction rates in cases of gender-based violence against women and girls, and a de facto impunity for perpetrators; calls on all Member States to amend the definition of sexual violence and rape in their national legislation so that it is based on the absence of consent, as laid down in the Istanbul Convention;
Amendment 265 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Recalls that cyberviolence is recognised as a form of gender-based violence against women and girls, and that gender-based cyberviolence is a continuum of and inseparable from offline violence, as they are both interlinked and are the result of a structural discrimination against women in all spheres; is concerned about the fact that the voices and participation of women as active digital citizens are often censured by gender-based cyber violence, and that this chilling effect is often spilled over into reality;
Amendment 268 #
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Stresses that women with a public profile, such as activists, artists, journalists or politicians, are often the target of gender-based cyber violence with the aim of limiting their full participation in public life and, as a result, degrading our democracies;
Amendment 276 #
11. Notes that the Commission must address the particular situation of migrant women’s protection against gender-based violence, in particular dependency of residence status of the victim of intra partner violence on cohabitation and marital status, and recalls that under Directive 2012/29/EU of the European Parliament and of the Council6 access to appropriate protection, support services and effective remedies must be available to all victims of gender-based violence, independent of their residence status; _________________ 6 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 279 #
11a. Underlines that the current wave of repressive migration and refugee laws in Europe increases the vulnerability of migrant and refugee women, the consequences of which include increased exposure to gender-based violence while on the move, unsafe reception conditions and forced deportation among others, due to a lack of enforcement of their rights, protection measures and access to justice for migrants in the EU;
Amendment 281 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Underlines that women and girls with disabilities are two to five times more likely to experience various forms of violence, highlights that the EU is obliged, as a party to the CRPD, to take measures to ensure the full and equal enjoyment by women and girls with disabilities of all human rights and fundamental freedoms, notes that the Committee on the Rights of Persons with Disabilities recommended in 2015 that the EU should advance its efforts in this direction, inter alia through ratification of the Istanbul Convention;
Amendment 283 #
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Condemns the phenomena of secondary violence which is the physical or psychological violence, reprisals, humiliations and persecution exercised against people who support victims of gender-based violence; stresses that these acts hamper the prevention, detection, support and recovery of women in situations of gender-based violence;
Amendment 284 #
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
11e. Denounces that children of perpetrators of intimate partner violence are often the object of ill-treatment as a way to exercise power and violence against the mother, a phenomenon known as vicarious violence and a form of gender-based violence;
Amendment 290 #
12a. Calls on the Member States to comply with the Istanbul convention by providing protective and supportive measures for women based on a gendered understanding of violence against women and intra partner violence and that focus on the human rights and safety of the victim, thus avoiding institutional violence inflicted on victims because of laws, administrative or enforcement practices that are insensitive to gender considerations and/or lack sufficient knowledge and appropriate procedures, which can lead to impunity for perpetrators as well as re-victimisation;
Amendment 291 #
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls on Member States to ensure that also children are considered victims of gender-based violence in cases of intimate partner violence, and that their dignity and safety is paramount; welcomes, in this respect, laws that criminalise exposing a child to violence in close relationships; furthermore calls on Member States to make sure that custody laws are in line with this principle, as to not accord custody rights to the parent perpetrator of intimate partners violence;
Amendment 305 #
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 307 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to improve the resources and training of practitioners, law enforcement officers and all professionals dealing with victims of gender-based violence; calls on the Member States to provide a mandatory, recurrent and effective capacity-building, education and training that includes the gender and human rights perspective and the international and regional standards; calls on Members States to ensure that victims have the right to state-funded high quality legal aid before and during legal proceedings;
Amendment 314 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Underlines that the failure to address the lack of trust and confidence in the law enforcement authorities and in the judicial system by survivors of gender- based violence is an important contributor for underreporting; is convinced that equipping police officers and judges with increased knowledge, and soft skills to carefully listen, understand and respect all survivors of gender-based violence will contribute to address underreporting, re- victimisation and create a safer environment for survivors of gender- based violence; urges the Commission and the Member States to step up efforts in this direction;
Amendment 316 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls on all Member States to fully comply with the Istanbul convention, adopting treatment programmes addressed to perpetrators of gender-based violence and domestic violence aimed at preventing further violence, providing insights regarding the destructive gender norms, asymmetric power relations and values underpinning gender-based violence and ensuring that the safety and the human rights of victims are the primary concern;
Amendment 318 #
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Calls on the Member States to fully implement Directive 2011/99/EU on European Protection order, Directive 2012/29/EU on protection of victims, as well as Directive 2011/36/EU on preventing and combating trafficking in human beings;
Amendment 319 #
Motion for a resolution
Paragraph 15 e (new)
Paragraph 15 e (new)
15e. Underlines that the absence of EU legislation to combat gender-based violence and the disparities in Member States’ national legislation lead to different levels of protection for survivors;
Amendment 320 #
Motion for a resolution
Paragraph 15 f (new)
Paragraph 15 f (new)
15f. Welcomes the Commission’s commitment to come up with a proposal in 2021 for a holistic Directive to prevent and combat all forms of gender-based violence to implement the standards of the Istanbul Convention,; reiterates its call on the European Union to ratify the Istanbul Convention which is complementary to the adoption of such a directive; recalls in addition the commitment of the President of the Commission to extend the areas of crime to encompass specific forms of gender-based violence in accordance with Article 83(1) TFEU;
Amendment 321 #
Motion for a resolution
Paragraph 15 g (new)
Paragraph 15 g (new)
Amendment 329 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that gender-based violence is a serious crime and a widespread violation of fundamental rights in the Union which needs to be addressed with greater efficiency and determination on a common basis; stresses that gender-based violence is the result of a heteropatriarchal society and neoliberal structural inequalities that hasve a cross- border dimension; points, in particular, at the growing anti- gender and anti-womenfeminist movements, which are well organised and have a cross-border nature;
Amendment 335 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on Member States to ensure the provision of effective reparation for all victims of gender-based violence; reminds that such reparations should be adequate, promptly attributed, holistic and proportionate to the gravity of the harm suffered and should take into consideration women’s diversity as well as the risks of intersectional discrimination;
Amendment 343 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that the special need to combat violence against women and girls and other forms of gender-based violencviolence against LGBTIQ+ people on a common basis also results from the need to establish minimum rules concerning the definition of criminal offences and sanctions for both types of violence;
Amendment 366 #
19. Calls on the Commission to propose a comprehensive directive on gender-based violence that implements the standards of the Istanbul Convention and other international standards such as CEDAW and includes the following elements: prevention, including through gender-sensitive and intersectional responsive education programming directed at both girls and boys, and empowerment of women and girls; support services and, protection and reparation measures for survivors; combating all forms of gender-based violence, including violations of women’s sexual and reproductive health and rights; and minimum standards for law enforcement;
Amendment 375 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to appoint a coordinator against violence against women and other forms of gender-based violenca coordinator against violence against LGBTIQ+ people;