Activities of Eugenia RODRÍGUEZ PALOP related to 2022/0066(COD)
Plenary speeches (1)
Combating violence against women and domestic violence (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on combating violence against women and domestic violence
Amendments (219)
Amendment 28 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 82(2) and, Article 83(1), Article 153 and Article 156 thereof,
Amendment 50 #
Proposal for a directive
Recital 10
Recital 10
(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domestic violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and, where relevant, the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)40 and the International Labour Organization’s Convention concerning the elimination of violence and harassment in the world of work, signed on 21 June 2019 in Geneva. _________________ 39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. 40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),Council of Europe, 2011.
Amendment 100 #
Proposal for a directive
Recital 51
Recital 51
(51) HSexual harassment and harassment at work is considered as discrimination on grounds of sex by Directives 2004/113/EC, 2006/54/EC and 2010/41/EU. Given that sexual harassment at work has significant negative consequences both for the victims and the employers, advice on adequately addressing such instances at the workplace, on legal remedies available to the employer to remove the offender from the workplace, access to justice and providing the possibility of early conciliation, if the victim so wishes, should be provided by external counselling services to both victims and employers. Social partners, trade unions and workers’ representatives play a critical role in preventing, identifying and tackling gender-based violence at the workplace, as well as providing support to victims. In order to protect female workers and to address fear of victimisation in case of violence arising at the workplace, they should be able to be represented by a trade union or other workers’ representative, as recognised in the ILO Convention nº 135, at all times.
Amendment 105 #
Proposal for a directive
Recital 51 a (new)
Recital 51 a (new)
(51 a) Women active in public life such as politicians, journalists, human rights defenders and well-known figures are more often victims of violence with the risk of silencing them and hindering their societal participation, consequently undermining the principle of democracy. For instance, a study commissioned by the Inter-Parliamentary Union1a reports that 85.2 per cent of female MPs who took part in the study said that they had suffered psychological violence in the course of their term of office, 46.9 per cent had received death threats or threats of rape or beating, 58.2 per cent had been the target of online sexist attacks on social networks, 67.9 per cent had been the target of comments relating to their physical appearance or based on gender stereotypes, 24.7 per cent had suffered sexual violence, 14.8 per cent had suffered physical violence. Female MPs active in the fight against gender inequality and violence against women were often singled out for attack. _________________ 1a http://www.assembly.coe.int/LifeRay/EGA /WomenFFViolence/2018/20181016- WomenParliamentIssues-EN.pdf
Amendment 109 #
Proposal for a directive
Recital 51 b (new)
Recital 51 b (new)
(51 b) Female workers that are victims of violence should be able to find support, social and legal assistance at the workplace. While domestic abuse can affect daily work or safety at work and lead to violence, harassment, stalking and assault in the workplace, work can be a preventive and protective factor in the lives of victims, by providing protection from the violence and abuse, and a safe place to seek help. Workplaces may be key in raising awareness on gender-based violence, in identifying it and in supporting victims.
Amendment 111 #
Proposal for a directive
Recital 51 c (new)
Recital 51 c (new)
(51 c) The social partners could play a key role in addressing harassment at work, one of the common sites of harassment, as well as domestic violence. Employer and trade unions are particularly well-placed to take measures to address harassment at work, including sexual harassment, and cyber-violence at work. Furthermore, the Preamble to ILO Convention 190 recognises domestic violence as related to the workplace, noting that domestic violence can affect employment, productivity and health and safety. With the increasing availability of home-based telework, the site of domestic violence can in fact be the workplace of the victim. Employers and trade unions can contribute, as part of other measures, to identify instances of domestic violence, to support victims and to address the impacts of domestic violence on professional life. There are already many examples of good practices and agreements between employers and trade unions on workplace practices that give support to victims of domestic violence, enabling them to continue working safely. Trade union and workplace health and safety representatives can, with appropriate training, offer assistance to victims of sexual harassment, cyber violence and domestic violence.
Amendment 114 #
Proposal for a directive
Recital 51 d (new)
Recital 51 d (new)
(51 d) Member States should ensure that employers, in consultation with trade union representatives, take appropriate measures to prevent and address instances of sexual harassment at work and cyber violence at work, to identify and provide adequate support to victims of domestic violence. Victims should have access to legal remedies, information and a right to receive support from a trade union representative, and should be entitled to paid leave of appropriate duration to seek counselling and attend to their needs.
Amendment 115 #
Proposal for a directive
Recital 51 e (new)
Recital 51 e (new)
(51 e) Member States should take measures to ensure that trade unions can engage in collective bargaining on workplace practices to facilitate the identification, prevention and address of instances of sexual harassment and cyber violence at work as well as domestic violence, and offer support to victims. Such measures should include awareness- raising and training of employers, trade union representatives and workplace health and safety representatives.
Amendment 116 #
Proposal for a directive
Recital 51 f (new)
Recital 51 f (new)
(51 f) Member States should improve the function of labour inspectorates with necessary funds, resources, staff and training, to widen the scope of monitoring, ensure effective, proportionate and non-discriminatory controls and field inspections, including routine and unannounced visits, in order to detect cases of sexual harassment and cyber violence at work or domestic violence, and strengthen the protection of female workers. Members should also ensure that organisations representing workers, in particular trade unions, have access to the workplace and, with the agreement of the worker, to their data.
Amendment 122 #
Proposal for a directive
Recital 57
Recital 57
(57) Women with disability disproportionately experience violence against women and domestic violence and due to their disability often have difficulties in accessing protection and support measures. Therefore, Member States should recognise their specific needs, adapt their support services accordingly and provide relevant actors with adequate trainings. Member States should ensure they can benefit fully from the rights set out in this Directive, on an equal basis with others, while paying due attention to the particular vulnerability of such victims and their likely difficulties to reach out for help.
Amendment 134 #
Proposal for a directive
Recital 60
Recital 60
(60) In order to ensure victims of violence against women and domestic violence are identified and receive appropriate support, Member States should ensure that professionals in the public, private and non-for-profit sector, including trade union and workers’ representatives, likely to come into contact with victims receive training and targeted information. Trainings should cover the risk and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims. To prevent and appropriately address instances of sexual harassment at work, persons with supervisory functionhey should also include prevention and identification of sexual harassment of the most marginalised groups who are often the less believed when reporting, such as migrant women, LGBT+ women or women with disabilities. To prevent and appropriately address instances of sexual harassment and cyber violence at work, and to identify and address instances of domestic violence and its consequences on workers, persons with supervisory functions, trade union representatives and workplace health and safety representatives should also receive training. These trainings should also cover assessments regarding sexual harassment at work, cyber violence at work and domestic violence, and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45 . Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed by a patient. _________________ 45 Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).
Amendment 168 #
Proposal for a directive
Article 4 – paragraph 1 – point g
Article 4 – paragraph 1 – point g
(g) “sexual harassment at work” means any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, where it occurs in the course of, linked with, or arising in matters of employment, occupation and self-employment, including in the informal sector and regardless of the residence status of the worker concerned, with the purpose or effect of violating the dignity of the victim, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment;
Amendment 191 #
Proposal for a directive
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the offence was committed against a person made vulnerable by particular circumstances, such as a situation of dependence or a state of physical, mental, intellectual or sensory disability, or living in institutions, or precarious working arrangements or residence status;
Amendment 195 #
Proposal for a directive
Article 13 – paragraph 1 – point b a (new)
Article 13 – paragraph 1 – point b a (new)
(b a) the offense was committed against elected women and women holding public office at all levels;
Amendment 209 #
(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. At the same time, the realisation of de jure and de facto equality between women and men is a key element in the prevention of violence against women.
Amendment 221 #
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, sexual assault, female genital mutilation, sexual exploitation, forced sterilisation, forced marriage, sexual harassment and 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, intimate partner violence, sexual harassment, sexual abuse, stalking, early and forced marriage, forced abortion, forced sterilisation, hindering the voluntary termination of pregnancy 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 233 #
Proposal for a directive
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) advice and information on any relevant legal or practical matters arising as a result of the crime, including on access to affordable, appropriate and accessible housing, education, training and assistance to remain in or find employment;
Amendment 239 #
Proposal for a directive
Recital 5
Recital 5
(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately affected by the forms of violence covered under this Directive, namely violence against women and domestic violence. This Directive, however, acknowledges that other persons may also fall victim to these forms of violence and should benefit from the measures provided for therein without discrimination on account of any ground. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex or gender.
Amendment 240 #
(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately affected by the forms of violence covered under this Directive, namely violence against women and domestic violence. This Directive, however, acknowledges that other persons may also fall victim, whether direct or indirect, to these forms of violence and should benefit from the measures provided for therein. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex or gender.
Amendment 248 #
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 protectionaccess to justice and targeted protection, prevention and support measures.
Amendment 252 #
Proposal for a directive
Article 30 – title
Article 30 – title
Specialist support for victims of sexual harassment at, cyber violence and third-party violence in the world of work
Amendment 258 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
Member States shall, in consultation with the social partners, take measures to ensure external counselling services and legal services are available for victims and employers in cases of sexual harassment at work or cyber violence and harrassment 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 t. The possibility of early conciliation, if the victim so wishes should be available only if the victim so wishes. The costs of such counselling services and legal services shall be covered by the Member State or by the employer.
Amendment 259 #
Proposal for a directive
Recital 7
Recital 7
(7) Violence against women is understood to be a violation of human right and 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 inflicted on women and girls, by men. It is rooted in the socially constructed roles, gender stereotypes, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’. It is one of the crucial social mechanisms by which women are forced into a subordinate position compared with men.
Amendment 261 #
Proposal for a directive
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
Workers shall have the right to receive support and representation from their trade union, 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.
Amendment 263 #
Proposal for a directive
Article 30 – paragraph 1 b (new)
Article 30 – paragraph 1 b (new)
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 should not prevent or discriminate, directly or indirectly, their workers from exercising rights arising from this directive.
Amendment 263 #
Proposal for a directive
Recital 7
Recital 7
(7) Violence against women is a persisting manifestation of structural discrimination against women in all their diversity, 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 264 #
Proposal for a directive
Article 30 a (new)
Article 30 a (new)
Article 30 a Support at work for victims of domestic violence 1. Member States shall ensure that employers, in cooperation with the social partners, take appropriate measures to provide a safe working environment and support to victims of domestic violence, and to ensure that consequences of such violence on the safety of victims and co- workers and on productivity and performance at work are not taken into account in performance evaluations. Workers shall have the right to receive support from a trade union as well as the health and safety representative at the workplace. 2. Victims of domestic violence shall be entitled to a specific paid leave of appropriate duration, distinct from other ordinary leave rights such as annual, sick and bereavement leaves. They shall also be entitled to flexible work arrangements according to their needs, including: a) a prior right to the change of workplace centre, with a 6 months right to return to the same job, as well as a right to geographical mobility in the same terms when the company has workplaces in other regions; b) a reduction of working hours, with a proportional reduction in salary, as well as flexible working time arrangements; c) the suspension of the employment relationship, with a 6 months right to return to the job and entitlement to access to unemployment benefits; d) the extinction of the employment contract, with the right to access to unemployment benefits; e) temporary protection against dismissal for victims of domestic violence, as appropriate, except on grounds unrelated to domestic violence and its consequences. 3. Member states shall take measures to support self-employed victims of domestic violence who have to cease their activity for safety reasons or to exercise their rights as victims.
Amendment 272 #
Proposal for a directive
Article 30 b (new)
Article 30 b (new)
Article 30 b Collective bargaining on harassment at work and domestic violence 1. Member States shall ensure that trade unions are able to bargain collectively on workplace measures to prevent and address sexual harassment and cyber violence at work, and to identify and support victims of domestic violence. 2. Member States shall take measures to promote collective barganing on workplace practices on preventing and addressing instances of sexual harassment, cyber violence and domestic violence, including through awareness- raising and training of employers, trade union representatives and workplace health and safety representatives.
Amendment 272 #
Proposal for a directive
Recital 8
Recital 8
(8) Domestic violence is a serious social problem which often remains hidden. It can lead to serious psychological and physical trauma with severe consequences because the offender typically is a person known to the victims, whom they would expect to be able to trust. Such violence, which affects women and children disproportionately, can take on various forms, including physical, sexual, psychological and economic. Domestic violence may occur whether or not the offender shares or has shared a household with the victim.
Amendment 275 #
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 gender-sensitive 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,At Union level 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. At national level, gender- neutral laws have failed to recognise that such violence disproportionately affects women and children at the hand of male perpetrators and gender-neutral approaches do not address women’s different safety and protection needs compared to men. _________________ 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 276 #
Proposal for a directive
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
1 a. The shelters and other appropriate interim accommodations shall be accessible and equipped to accommodate the specific needs of victims with disabilities or different language and cultural backgrounds.
Amendment 278 #
Proposal for a directive
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The shelters and other appropriate interim accommodations shall be equipped to accommodate the specific needs of single-parent families and children, including child victims.
Amendment 280 #
Proposal for a directive
Recital 10
Recital 10
(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domestic violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39 and its General recommendation No. 35 on gender-based violence against women, updating general recommendation No. 19 and, where relevant, the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)40 and, the International Labour Organization’s Convention concerning the elimination of violence and harassment in the world of work, signed Violence and Harassment Convention, 2019 (No. 190), the International Labour Organization’s Discrimination (Employment and Occupation) Convention, 1958 (No 111) and the International Labour Organization’s Domestic Workers Convention, 21 June 2019 in Geneva012 (No 189). _________________ 39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. 40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),Council of Europe, 2011.
Amendment 284 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic 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 288 #
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, gender identity, gender expression and sex characteristics. Member States should therefore pay due regard to victims affected by such intersectional discrimination and violence, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence and domestic violence. For example, acts of gender-based violence which seek to punish victims for their sexual orientation, gender expression, gender identity or sex characteristics such as so- called “corrective rape”, should be given particular attention.
Amendment 290 #
Proposal for a directive
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Member States shall make information on preventive measures, the rights of victims, access to justice and to a lawyer, and the available protection and support measures available to the general public, taking into account cultural and language barriers, and in formats accessible to persons with disabilities.
Amendment 293 #
Proposal for a directive
Article 36 – paragraph 4
Article 36 – paragraph 4
4. Targeted action shall be addressed to groups at risk, including children, according to their age and maturity, and persons with disabilities, taking into consideration language and cultural barriers and different levels of literacy and abilities. Information for children shall be formulated in a child-friendly way.
Amendment 296 #
Proposal for a directive
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female genital mutilation and forced sterilisation.
Amendment 298 #
Proposal for a directive
Article 36 – paragraph 8
Article 36 – paragraph 8
8. Member States shall ensure that sexual harassment at work, in consultation with the social partners, shall ensure that sexual harassment and cyber violence at work as well as domestic violence is addressed in relevant national policies. Those national policies shall identify and establish targeted actions referred to in paragraph 2 for sectors where workers are most exposed. Trade unions, workers’ representatives as well as labour inspectorates should be involved in the definition and implementation of prevention policies at workplace level.
Amendment 302 #
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim support, including in not-for-profit and NGO sectors, and restorative justice services, healthcare professionals, social services, educational and other relevant staff, including trade union and workplace health and safety representatives, receive both general and specialist training and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of violence against women or domestic violence and to treat victims in a trauma-, gender-, disability- and child- sensitive manner, taking into consideration cultural and language barriers.
Amendment 307 #
Proposal for a directive
Article 37 – paragraph 3
Article 37 – paragraph 3
3. Persons with supervisory functions in the workplace as well as trade union and workplace health and safety representatives, in both the public and private sectors, shall receive training on how to recognise, prevent and address sexual harassment at work, including on risk assessments concerning occupational safety and health risks, cyber violence at work and domestic violence, including on gender-responsive risk assessments concerning occupational safety and health risks, including risks of gender-based violence and harassment form third- parties and risk of domestic violence, to provide support to victims affected thereby and respond in an adequate manner. Those persons and employers shall receive information about the effects of violence against women and domestic violence on work and the risk of third party violence. They shall also receive specific information and targetted training to prevent sexual harassment of the most marginalised groups, who are often less likely to report the offence and be believed, such as undocumented women workers, LGBT+ women and women with disabilities. They shall also receive training on how to recognise instances of domestic violence and provide support to victims and ensure that victims are able to continue working in a safe environment.
Amendment 308 #
Proposal for a directive
Recital 13
Recital 13
(13) Rape is one of the most serious offences breaching a person’s sexual integrity and is a crime that disproportionately affects women. It entails a power imbalance between the offender and the victim, which allows the offender to sexually exploit the victim for purposes such as personal gratification, asserting domination, gaining social recognition, advancement or possibly financial gain or punishment for the victim's sexual orientation, gender identity, gender expression or sex characteristics (so- called "corrective rape"). Many Member States still require the use of force, threats or coercion for the crime of rape. Other Member States solely rely on the condition that the victim has not consented to the sexual act. Only the latter approach achieves the full protection of the sexual integrity of victims. Therefore, it is necessary to ensure equal protection throughout the Union by providing the constitutive elements of the crime of rape of women. .
Amendment 311 #
Proposal for a directive
Recital 13
Recital 13
(13) RapSexual violence is one of the most serious offences breaching a person’s sexual integrity and is a crime that disproportionately affects women. It entails a power imbalance between the offender and the victim, which allows the offender to sexually exploit the victim for purposes such as personal gratification, asserting domination, gaining social recognition, advancement or possibly financial gain. Many Member States still require the use of force, threats or coercion for the crime of rape and for other acts of sexual violence. Other Member States solely rely on the condition that the victim has not consented to the sexual act. Only the latter approach achieves the full protection of the sexual integrity of victims. ThereforIn that sense, it is necessary to ensure equal protection throughout the Union by providing the constitutive elements of the crime of rape of women. .
Amendment 314 #
Proposal for a directive
Article 37 – paragraph 6
Article 37 – paragraph 6
6. Member States shall ensure that the authorities competent for receiving reports of offences from victims are appropriately trained to facilitate and assist in the reporting of such crimes, including victims with migrant background or disabilities.
Amendment 318 #
Proposal for a directive
Article 37 – paragraph 8 a (new)
Article 37 – paragraph 8 a (new)
8 a. Training activities refered to in paragraphs 1, 2 and 3 shall be defined and implemented in close cooperation with trade unions and health and safety workers’ representatives.
Amendment 319 #
Proposal for a directive
Article 37 – paragraph 8 b (new)
Article 37 – paragraph 8 b (new)
8 b. Strategies for preventing, informing and combating gender-based violence in the workplace can be the subject of collective bargaining. Collective agreements should be promoted at national and sectoral level, in cooperation with the relevant national bodies and according to national law and practices.
Amendment 326 #
Proposal for a directive
Article 40 a (new)
Article 40 a (new)
Amendment 332 #
Proposal for a directive
Recital 15
Recital 15
(15) With regard to offences amounting to rape and to other non-consensual acts of a sexual nature, offenders who have been previously convicted of offences of the same nature should be obliged to participate in intervention programmes to mitigate the risk of recidivism.
Amendment 339 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Sexual assault is also a type of sexual violence that disproportionately affects women and that seriously breaches a person's sexual integrity. It should include any act that undermines the sexual freedom of a woman without her consent as well as intentionally and secretly ceasing to use any method of prophylaxis or reproductive control during a sexual act without the consent of the victim.
Amendment 345 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to address the severe and long-lasting physical and psychological impairments of intersex genital mutilation performed on persons with variations of sex characteristics, also known as intersex persons, this offence should be specifically and adequately addressed in the criminal laws. Non-vital, non- consensual procedures and treatments performed on intersex children assigned female, such as labiaplasties, vaginoplasties, gonadectomies, clitoral “recession” and other forms of clitoral cutting or removal, are specifically based on sexist and misogynistic beliefs aimed at exerting control over intersex girls’ and women’s physical appearance and sexuality. The term "capacity to provide consent" shall be interpreted as the ability to understand the facts, assess the risks and benefits and balance the short- and long-term consequences of the possible choices and make a decision. Member States shall ensure that a minor is deemed capable of providing consent only if all the elements above are assessed to be in place. The term "hormonal treatments" shall be understood as any non- consensual treatments aimed at altering the sex characteristics of the person; it excludes consensual gender affirming hormonal treatments or access to hormone blockers.
Amendment 349 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Forced marriage is a form of violence against women and girls that entails serious violations of fundamental rights, and in particular of women’s and girls’ rights to physical integrity, physical and mental health, sexual and reproductive health, education, private life, freedom and autonomy. The defining characteristic of forced marriage is the lack of consent of at least one of the two parties. It is a marriage in which (at least) one of the parties is not free to put an end to the marriage or to leave his or her spouse is also a forced marriage. It often involves sexual exploitation.
Amendment 356 #
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16b) Forced abortion is a form of violence against women and girls that consists of the intentional termination of pregnancy without the prior and informed consent of the victim. It is a form of harmful practice usually performed on adolescent girls and women who are in a situation of pronounced vulnerability or marginalisation. These girls and women may encounter significant barriers to realising their rights to decide freely on matters affecting their lives, including the right to establish relationships and to decide whether, when, and with whom to have a family.
Amendment 359 #
Proposal for a directive
Recital 16 c (new)
Recital 16 c (new)
(16c) Sexual harassment is any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment. Victims are predominantly women and perpetrators are predominantly men. Acts of sexual harassment are, typically, carried out in the context of abuse of power, promise of reward or threat of reprisal. Sexual harassment is an extreme form of sexism and has been shown to result in fear, anxiety, shame, anger, reduced productivity, high absenteeism, reduced performance and high staff turnover.
Amendment 363 #
Proposal for a directive
Recital 17
Recital 17
(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violenceThe digital dimension of violence against women can be pronounced for women and girls at risk of or exposed to intersecting forms of discrimination and particularly targets and impacts women politicians, journalists and human rights defenders. It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education and to their mental health, which may, in extreme cases, lead to suicide.
Amendment 369 #
Proposal for a directive
Recital 18
Recital 18
(18) The use of information and communication technologies bears the risk of easy, fast and wide-spread amplification of certain forms of cyber violence with the effect of creating or enhancing profound and long-lasting harm for the victim. The potential for such amplification, which is a pre-requisite for the perpetration of several offences of cyber violence defined under this Directive, should be reflected by the element of making certain material accessible, through information and communication technologies, to a ‘multitude’ of end-users. The term ‘multitude’ should be understood as referring to reaching a significant number of end-users of the technologies in question, thus allowing for significant access to, and potential further distribution of that material. That term should be interpreted and applied having regard to the relevant circumstances, including the technologies used to make that material accessible and the means these technologies offer for amplificationother end- users.
Amendment 390 #
Proposal for a directive
Recital 22
Recital 22
(22) The increase in internet and social media usage has led to a sharp rise in public incitement to violence and hatred, including based on sex or gender, over the past years. The easy, fast and broad sharing of hate speech through the digital word is reinforced by the online disinhibition effect, as the presumed anonymity on the internet and sense of impunity reduce people’s inhibition to engage in such speech. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offlinOftentimes, perpetrators of such incitement online are public figures who, due to a presumed impunity, have the effect of legitimising and emboldening acts of violence offline. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offline. Children and youth can also be the target of violent cyber violence owing to personal characteristics such as disability, racial or ethnic origin, sexual orientation, gender identity, gender expression, sex characteristics or other grounds which, if left unaddressed, may cause social exclusion, anxiety, inducement to inflict self-harm and, in extreme situations, suicide ideation, suicide attempts or actual suicide. This needs to be intercepted at an early stage. The language used in this type of incitement does not always directly refer to the sex or gender of the targeted person(s), but the biased motivation can be inferred from the overall content or context of the incitement.
Amendment 407 #
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 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. Where professionals report such instances of domestic violence or violence against women affecting children, victims should be duly informed; a gender-sensitive and child-competent risk assessment and risk management conducted, and tailored safety, protection and support measures adopted immediately regardless of the level of risk.
Amendment 416 #
Proposal for a directive
Recital 27
Recital 27
(27) Delays in processing complaints of violence against women and domestic violence can bear particular risks to victims thereof, given that they might still be in immediate danger given that offenders might often be close family members or spouses. Therefore, the competent authorities should have the sufficient expertise and effective investigative tools to investigate and prosecute such crimes. To that end, specialist courts are better placed to achieve this and to protect victims and child witnesses of violence against women.
Amendment 421 #
Proposal for a directive
Recital 28
Recital 28
(28) Victims of domestic violence and violence against women are typically in need of immediate protection or specific support, for example in the case of intimate partner violence or sexual violence, where the rate of recidivism tends to be high. Therefore, an individual assessment to identify the victim’s protection needsand medical and specialist support needs, including clinical management of rape, should be conducted upon the very first contact of competent authorities with the victim or as soon as suspicion arises that the person is a victim of violence against women or domestic violence. This can be done before a victim has formally reported an offence or proactively if a third party reports the offence.
Amendment 430 #
Proposal for a directive
Recital 29
Recital 29
(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s safety and providing tailored support, taking into account, among other matters, the individual circumstances of the victim, specific needs and vulnerability. Such circumstances requiring special attention could include the victim’s pregnancy or the victim’s dependence on or relationship to the offender.
Amendment 432 #
Proposal for a directive
Recital 30
Recital 30
(30) In order to ensure comprehensive support and protection to victims, a standarised approach to risk assessment that promotes a shared understanding of risk across the system should be adopted. All competent authorities and relevant bodies, not limited to law enforcement and judicial authorities, should be involved in assessing the risks for victims and appropriate support measures on the basis of cleargender-sensitive guidelines issued by the Member States. Such guidelines should be developed in cooperation with women's specialist services and should include factors to be taken into consideration when assessing the risk emanating from the offender or suspect, including the consideration that suspects charged with minor or no offences are as likely to be dangerous as those charged with more severe offences, especially in cases of domestic violence and stalking. The assessment should be revised at important junctures in the process, such as the commencement of a court case, the handing down of a judgment or discussions as to the revision of custody arrangements. Specialised training for frontline professionals on the use of risk assessment tools is also essential.
Amendment 441 #
Proposal for a directive
Recital 31
Recital 31
(31) Due to their vulnerability to secondary and repeat victimisation, to intimidation and to retaliation, and the fact that they suffer emotional harm that prejudices their development, the victim’s children should receive the same protection measures as those accorded to the victim. The incidents of violence should be taken into account and the safety of the child prioritized over parental responsibilities and Member States should ensure that the competent authorities are trained to identify vicarious violence. Other persons dependant on the victim, such as adults with disabilities or older dependant adults for whom the victim provides care, may experience similar emotional harm and should thus be accorded the same protection measures.
Amendment 443 #
Proposal for a directive
Recital 32
Recital 32
(32) Victims of violence against women and domestic violence are often in need of specific support and medical care, including sexual and reproductive health care. To ensure they effectively receive offers of support, the competent authorities should immediately refer victims to appropriate support and medical care services. This should in particular be the case where an individual assessment has found particular support or medical needs of the victim. In that case, support services should be able to reach out to the victim even without the victim’s consent but with due regard to the victim's safety. However, due caution should be exercised in that regard because a victim could be put in danger if support services reach out to the victim without the victim's consent, for instance if the victim lives with a controlling offender. That also risks further isolating victims from support due to fear. 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 and Directive (EU) 2016/680 . 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 and medical 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, medical care 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 495 #
Proposal for a directive
Recital 45
Recital 45
(45) Assistance and support to victims of violence against women and domestic violence should be provided regardless of the victim's will to file a complaint, as well as 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.
Amendment 504 #
Proposal for a directive
Recital 46
Recital 46
(46) Specialised support services should provide support to victims of all forms of violence against women and domestic violence, including sexual violence, female genital mutilation, intersex genital mutilation, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence.
Amendment 517 #
Proposal for a directive
Recital 48
Recital 48
(48) Victims of domestic violence and violence against women typically have multiple protection, medical and support needs. In order to address these effectively, Member States should provide such services at the same premises, or have such services coordinated through a central contact point. To ensure also victims in remote areas or unable to physically reach such centres are reached, Member States should provide for online access to such services. This should entail setting up a single and updated website where all relevant information on and access to available support and protection services is provided (one-stop online access). The website should follow accessibility requirements for persons with disabilities. Member States should take the necessary measures to avoid any discrimination in the access to those services, particularly regarding technological and geographical barriers.
Amendment 537 #
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 and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. 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, and of intersex genital mutilation, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims.
Amendment 550 #
Proposal for a directive
Recital 52
Recital 52
(52) Member States should ensure that national helplines are operated under thend an EU-harmonised number [116016] and this number is widely advertised as a public numbers, free of charge and available round-the-clock. The support provided should include crisis counselling and should be able to refer to face-to-face services, such as shelters, counselling centres or the police so as to facilitate access to the services to victims, including to those who move within the Union. The support provided by national helplines should include crisis counselling and should be able to refer to face-to-face services, such as shelters, counselling centres or the police. The EU-harmonised number should allow transferring the call to the national helplines. Both the national helplines and the EU- harmonised number should be carried out by specialised support services.
Amendment 566 #
Proposal for a directive
Recital 54
Recital 54
(54) To effectively address negative consequences for child victims, support measures to children should include age- appropriate psychological counselling, together with paediatric care where necessary, and be provided as soon as competent authorities have reasonable grounds to believe that children might have been victims, including child witnesses of violence without requiring the prior consent of the holders of parental responsibility who are offenders or suspect. 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 578 #
Proposal for a directive
Recital 55 a (new)
Recital 55 a (new)
(55a) When assessing the parental responsibilities and the possible contact between the offender or suspect who is a holder of parental responsibility and the child, the incidents of violence covered under this Directive should be taken into account. For many victims and their children, the contact with the offender can be seen as a continuation of the violence and can also present a serious safety risk because it entails meeting with the perpetrator face-to-face. Imposing contact, for example through mandatory shared custody, in violent situations or applying the concept of parental alienation and other related concepts with no scientific basis puts children at an increased risk and minimises and conceals violence against women.
Amendment 586 #
Proposal for a directive
Recital 56
Recital 56
(56) Victims with specific needs and groups at risk of violence against women or domestic violence experiencing intersecting forms of discrimination, such as women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, women at risk of poverty, women with a minority racial or ethnic background, living in rural areas, women sex workers, detainees, or older women,victims of so-called "honour crimes", women living in rural areas, women in prostitution, detainees, older women, LBTIQ+ women, LGBTIQ+ persons victims of domestic violence and children should receive specific protection, medical care and support.
Amendment 597 #
Proposal for a directive
Recital 57
Recital 57
(57) Women with disabilityies disproportionately experience violence against women and domestic violence and due to their disability often have difficulties in lack of accessingble protection and support measures often suffer discrimination. Therefore, Member States should ensure they can benefit fully from the rights set out in this Directive, on an equal basis with others, while paying due attention to the particular vulnerability of such victims and their likely difficulties to reach out for help.
Amendment 603 #
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. Special attention must be paid in awareness-raising campaignst to women andexperiencing discrimination and violence on the basis of the combination of their sex or gender and other grounds, and by victims at an increased risk of domestic violence. Prevention should also take place in formal education, in particular, through strengthening sexualityinclusive sexuality and relationships education and socio- emotional competencies, empathy and developing healthy and respectful relationshipssuch as empathy.
Amendment 632 #
Proposal for a directive
Recital 61
Recital 61
(61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes and prejudices, including multiple discrimination grounds, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.
Amendment 636 #
Proposal for a directive
Recital 61 a (new)
Recital 61 a (new)
(61a) Member States should recognise women's civil society organisations, including organisations working with women at a heightened risk of experiencing gender-based violence, as partners in policy development and implementation and should, where relevant, include them in the work of government bodies and committees working to combat violence against women and domestic violence. In addition, other relevant stakeholders should be consulted on relevant issues, such as social partners in relation to sexual harassment at the workplace.
Amendment 641 #
Proposal for a directive
Recital 62
Recital 62
(62) Intervention programmes should be set up to prevent and minimise the risk of (repeated) offences of violence against women or domestic violence and should incorporate digital manifestations of violence against women. The programmes should specifically aim at teaching offenders or those at risk of offending how to adopt non-violent behaviour in interpersonal relationships and how to counter violent behavioural patterns. Programmes should encourage offenders to take responsibility for their actions and examine their attitudes and beliefs towards women.
Amendment 646 #
Proposal for a directive
Recital 63 a (new)
Recital 63 a (new)
(63a) With a view to developing a consolidated Union strategy to address violence against women aimed at further strengthening the commitment of, and efforts made, by the Union and the Member States to prevent and combat it, Member States should facilitate the tasks of a coordinator on violence against women , which may include improving coordination and coherence, avoiding duplication of efforts between Union institutions and agencies as well as between Member States and international actors, contributing to the development of existing or new Union policies and strategies relevant to the fight against violence against women or reporting to the Union institutions.
Amendment 648 #
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 regularly conduct surveys using the harmonised methodology of the Commission (Eurostat) to gather data and transmit these data to the Commission (Eurostat). The analysis of the data should enable the identification of failures in protection and serve to improve and further develop preventive measures.
Amendment 653 #
Proposal for a directive
Recital 65
Recital 65
(65) Member States should ensure that the data collected are limited to what is strictly necessary in relation to supporting the monitoring of the prevalence and trends of violence against women and domestic violence and design new policy strategies in this field. Data collected should include the context in which the offence took place, such as at home, at the workplace or online, as well as information about whether a victim is at a heightened risk of experiencing gender-based violence, as this will inform future targeted policy actions. It should also include whether violence was committed against victims affected by intersectional discrimination as defined in recital 11. When sharing the data collected, no personal data should be included.
Amendment 661 #
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Directive lays down rules to prevent and combat violence against women and domestic violence. It establishes minimum rules contributing to the elimination of all forms of discrimination against women. It establishes minimum rules, based on a gendered understanding of this violence, concerning:
Amendment 668 #
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) the rights of victims of all forms of violence against women orand domestic violence before, during or after criminal proceedings;
Amendment 677 #
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 violence;
Amendment 680 #
Proposal for a directive
Article 1 – paragraph 1 – point c b (new)
Article 1 – paragraph 1 – point c b (new)
(cb) coordination and cooperation at national and EU level.
Amendment 687 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing intersectional discrimination based on a combination of sex and other grounds so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5), Article 35(1) and Article 37(7).
Amendment 689 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Member States shall ensure that, in the application of this Directive, particular attention is paid to the risk of intimidation, retaliation, secondary and repeat victimisation and to the need to protect the dignity and physical integrity of victimrights of victims, particularly physical and mental integrity, privacy and safety, as well as those of witnesses.
Amendment 699 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) “violence against women” means all acts of 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 713 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) “domestic violence” means all acts of violence, which affects women disproportionately, means all acts or threats of acts 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 721 #
Proposal for a directive
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) “femicide” means the gender- based murder of a woman or girl;
Amendment 723 #
Proposal for a directive
Article 4 – paragraph 1 – point b b (new)
Article 4 – paragraph 1 – point b b (new)
(bb) “gender” shall mean the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men;
Amendment 724 #
Proposal for a directive
Article 4 – paragraph 1 – point b c (new)
Article 4 – paragraph 1 – point b c (new)
(bc) “gender-based violence against women” shall mean violence that is directed against a woman because she is a woman or that affects women disproportionately;
Amendment 725 #
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) “victim” means any person, regardless of sex or gender, unless specified otherwise, who has suffered harm, which was directly caused by acts of violence covered under this Directive, including child witnesses of such violence;. A person should be considered to be a victim regardless of whether an offender is identified, apprehended, prosecuted or convicted and regardless of the familial relationship between them. It is possible that other persons are also harmed as a result of the crime. In particular, family members of a person whose death has been directly caused by a criminal offence could be harmed as a result of the crime. Those persons, who are indirect victims of the crime, should therefore also benefit from protection.
Amendment 755 #
Proposal for a directive
Article 5 – title
Article 5 – title
Amendment 756 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that the following intentional conduct is punishable as a criminal offence of rape:
Amendment 767 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall ensure that the following intentional conduct is punishable as a criminal offence of sexual assault: (a) committing any act that undermines the sexual freedom of a woman without her consent; (b) intentionally and secretly ceasing to use any method of prophylaxis or reproductive control during a sexual act without the consent of the victim.
Amendment 770 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that a non-consensual act is understood as anconsent is understood to exist when it has been freely expressed through acts which, is performed without the woman’s consent given voluntarily orn view of the circumstances of the case, clearly express the will of the person. It shall be considered that it is a non- consensual act wheren the woman is unable to form a free will due to her physical or mental condition, thereby exploiting her incapacity to form a free will, such as in a state of fear, intimidation, unconsciousness, intoxication, chemical submission, sleep, illness, bodily injury or, disability or in an otherwise particular vulnerable situation.
Amendment 804 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6 a Forced sterilisation Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) performing surgery which has the purpose or effect of terminating a woman or girl’s ability to naturally reproduce without her prior and informed consent or understanding of the procedure; (b) coercing or procuring a woman or a girl to undergo the surgery referred to in point (a).
Amendment 809 #
Proposal for a directive
Article 6 b (new)
Article 6 b (new)
Article 6 b 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 812 #
Proposal for a directive
Article 6 c (new)
Article 6 c (new)
Article 6 c Forced marriage Member States shall ensure that the following intentional forms of conduct are punishable as criminal offences: a) forcing an adult or a child to enter into marriage; b) intentional conduct of luring an adult or a child to the territory of a member State other than the one she or he resides in with the purpose of forcing this adult or child to enter into a marriage.
Amendment 814 #
Proposal for a directive
Article 6 d (new)
Article 6 d (new)
Article 6 d Forced abortion Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) performing an abortion or coercing a woman to endure a forced abortion without her prior and informed consent.
Amendment 815 #
Proposal for a directive
Article 6 e (new)
Article 6 e (new)
Article 6 e Sexual Harassment Member States shall ensure that the following intentional forms of conduct are punishable as criminal offences: (a) any form of unwanted verbal, non-verbal or physical conduct of a sexual nature with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.
Amendment 818 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
Member States shall ensure that the following intentional conduct is punishable as a criminal offence:
Amendment 838 #
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., including by abusing a situation of superiority or need or the vulnerability of the victim;
Amendment 847 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Member States shall ensure that the following intentional conduct is punishable as a criminal offence:
Amendment 863 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall ensure that the following intentional conduct is punishable as a criminal offence:
Amendment 886 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that the intentional conduct of inciting to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex or gender, by disseminating to the public material containing such incitement by means of information and communication technologies is punishable as a criminal offence.
Amendment 889 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
Member States shall ensure that the conduct of humiliating, disregarding or discrediting a group of persons or a member of such a group defined by reference to sex or gender, by disseminating to the public material containing such conduct by means of information and communication technologies is punishable as a criminal offence.
Amendment 891 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that inciting and aiding and abetting the commission of any of the criminal offences referred to in Articles 5 to 9 and 6a to 6e are punishable as criminal offences.
Amendment 895 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall ensure that an attempt to commit any of the criminal offences referred to in Articles 5 and 6this Chapter is punishable as a criminal offence as is the case with any criminal offence.
Amendment 897 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that the criminal offences referred to in Articles 5 to 11this Chapter are punishable by effective, proportionate and dissuasive criminal penalties.
Amendment 905 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Member States shall ensure that an offender of the criminal offences referred to in Article 5this chapter, who has previously been convicted of offences of the same nature, mandatorily participates in an intervention programme referred to in Article 38 (3).
Amendment 912 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure that the criminal offences referred to in Articles 6 isand 6a are punishable by a maximum penalty of at least 5 years of imprisonment and at least 7 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
Amendment 924 #
Proposal for a directive
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
In so far as the following circumstances do not already form part of the constituent elements of the criminal offences referred to in Articles 5 to 10 and 6a to 6e, Member States shall ensure that they may be regarded as aggravating circumstances in relation to those offences:
Amendment 925 #
Proposal for a directive
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) the offence, or another criminal offence of violence against women or domestic violence, wasrelated offences, were committed repeatedly;
Amendment 930 #
Proposal for a directive
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the offence was committed against a person made vulnerable by particular circumstances, such as a situation of dependence or a state ofge, physical, mental, intellectual or sensillness ory disability, or living in insituation of dependence or residence stiatutionss or in cases of victims of trafficking;
Amendment 932 #
Proposal for a directive
Article 13 – paragraph 1 – point b a (new)
Article 13 – paragraph 1 – point b a (new)
(b a) the offence was committed against a person living in institutional settings, including child protection and rehabilitation centres, reception centres, detention facilities for nationals and migrants or accommodation centres for asylum seekers;
Amendment 933 #
Proposal for a directive
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) the offence was committed against a child, in the presence of a child or when the child is aware of the violence regardless of physical presence;
Amendment 934 #
Proposal for a directive
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
Amendment 935 #
Proposal for a directive
Article 13 – paragraph 1 – point f
Article 13 – paragraph 1 – point f
(f) the offence was preceded or accompanied by extreme levels of violence or particularly inhuman, degrading or humiliating acts;
Amendment 937 #
Proposal for a directive
Article 13 – paragraph 1 – point g
Article 13 – paragraph 1 – point g
(g) the offence was committed with the use or threat of using a weapon or other dangerous objects;
Amendment 939 #
Proposal for a directive
Article 13 – paragraph 1 – point h
Article 13 – paragraph 1 – point h
(h) the offence was committed with intimidation, the use of force or threats to use force, or coercion;
Amendment 940 #
Proposal for a directive
Article 13 – paragraph 1 – point i
Article 13 – paragraph 1 – point i
Amendment 944 #
Proposal for a directive
Article 13 – paragraph 1 – point k
Article 13 – paragraph 1 – point k
(k) the offence was committed against a former or current spouse or partner regardless of cohabitation;
Amendment 946 #
Proposal for a directive
Article 13 – paragraph 1 – point n
Article 13 – paragraph 1 – point n
Amendment 948 #
Proposal for a directive
Article 13 – paragraph 1 – point o
Article 13 – paragraph 1 – point o
(o) the offence was committed by causing the victim to take, use or be affected by drugs, alcohol or other intoxicating substances. breaking the victim's will;
Amendment 951 #
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 motivated by discrimination on grounds such as sex, sexual orientation, gender or gender identity;
Amendment 958 #
Proposal for a directive
Article 13 – paragraph 1 – point o b (new)
Article 13 – paragraph 1 – point o b (new)
(o b) the offence brought profit or gain or had the intention of bringing profit or gain;
Amendment 960 #
Proposal for a directive
Article 13 – paragraph 1 – point o c (new)
Article 13 – paragraph 1 – point o c (new)
(o c) the intention of the crime was to preserve or restore the so-called “honour” of a person, a family, a community or another similar group;
Amendment 962 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Member States shall take the necessary measures to establish their jurisdiction over the criminal offences referred to in Articles 5 to 11this Chapter where:
Amendment 963 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall take the necessary measures to provide for a limitation period that enables the complaint, investigation, prosecution, trial and judicial decision concerning criminal offences referred to in Articles 5 to 11 for a sufficient period of time after the commission of those criminal offences.
Amendment 979 #
Proposal for a directive
Article 15 – paragraph 6
Article 15 – paragraph 6
6. If the victim is a child, the limitation period shall commence at the earliest once the victim has reached 18 years of age and shall be provided for at least 20 years.
Amendment 980 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Restorative justice services Member States shall take measures to ensure that in cases of violence against women the use of procedures of restorative justice services are allowed only when a previous evaluation by a specialised service ensures the free and informed consent of victims and that there are no indicators of further risks to them or their family members. These procedures shall be provided by professionals specially trained to understand and adequately intervene in cases of violence against women, ensuring adequate protection of the rights of women and children and that interventions are conducted in a gender- sensitive manner. Restorative justice services shall not constitute an obstacle to women’s access to formal justice.
Amendment 984 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that, after having received legal advice in a simple and accessible language, victims can report criminal offences of violence against women or domestic violence to the competent authorities in an easy and accessible manner confidential and secure manner, in a language that they understand and by receiving the necessary assistance. This shall include the possibility of reporting criminal offences online or through other information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.
Amendment 993 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1 a. Member States shall ensure that the victim is offered the possibility to be accompanied by a person of his or her choice from the first contact with the competent authorities.
Amendment 995 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall take the necessary measures to encourage, assist and protect any person who knows about or suspects, in good faith, that offences of violence against women or domestic violence have occurred, or that further acts of violence are to be expected, to report this to the competent authorities. Member States shall ensure that the victims are timely informed about the third-party reports and that an adequate risk assessment, risk management and safety planning are implemented before adopting any measure against the perpetrator in order to ensure the safety of the victims.
Amendment 1002 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States shall ensure that the confidentiality rules imposed by national law on relevant professionals, such as healthcare professionals, do not constitute an obstacle to their reporting to the competent authorities if they have reasonable grounds to believe that there is an imminent risk that serious physphysical and psychological harm will be inflicted on a person due to their being subject to any of the offences covered under this Directive. If the victim is a child, the relevant professionals shall be able to report to the competent authorities if they have reasonable grounds to believe that a seriousn act of violence covered under this Directive has been committed or further serious acts of violence are to be expected. Where professionals report such instances of violence, victims must be duly informed; a gender- and child-sensitive risk assessment and risk management conducted, and tailored safety, protection and support measures adopted immediately regardless of the level of risk.
Amendment 1011 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Where children report criminal offences of violence against women or domestic violence, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and language, in accordance with their age and maturity and that, where necessary, the competent authorities are duly informed. If the offence involves the holder of parental responsibility, Member States shouldall ensure that reporting is not conditional upon this person’s consent and that there is no obligation on the competent authorities to inform the holder of parental responsibility.
Amendment 1023 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that persons, units or services investigating and prosecuting violence against women or domestic violence have sufficient expertise, including on the gendered understanding of violence, appropriate resources to protect victims and ensure their rights and effective investigative tools to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.
Amendment 1033 #
Proposal for a directive
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3 a. MS shall take the necessary measures to ensure that any victim of VAW or domestic violence, in particular sexual violence, can be examined without delay, at her request by a forensic medical service, regardless of the will to lodge a complaint. In the absence of a complaint, forensic services should be able to retain evidence in case the victim decides to file a complaint after.
Amendment 1041 #
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The competent authorities shall promptly refer victims to relevant health care professionals or support services referred to in Articles 27, 28 and 29 to assist in securing evidenensure that victims receive adequate and timely information about their rights and services, including legal support and are promptly referred to relevant health care services, in particular in cases of sexual violence, where the victim wishes to bring charges and make use of such servicescluding psychological care and sexual and reproductive health services, or specialist support services referred to in chapter 3.
Amendment 1043 #
Proposal for a directive
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4 a. In particular in cases of sexual violence, the competent authorities shall provide victims with appropriate medical care, including for the clinical management of rape. Victims shall be informed of the methods to secure evidence for an eventual criminal procedure, taking into consideration their physical and mental condition and trauma.
Amendment 1044 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Investigations into or prosecution of offences referred to in Article 5 shall not be dependent on reporting or accusation by a victim or by their representative, and criminal proceedings shall continue even if the report or accusation has been withdrawn. A comprehensive risk assessment shall be conducted to identify and manage the emergent risks affecting the victim and indirect victims, resulting from a continuation of criminal proceedings.
Amendment 1054 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. In the framework of the individual assessment which is to be carried out under Article 22 of Directive 2012/29/EU, Member States shall ensure that, as regards victims covered by this Directive, the additional elements as set out in paragraphs 2 to 7 of this Article are assessed and that it is conducted in a gender-sensitive manner .
Amendment 1061 #
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The individual assessment shall focus on the risk emanating from the offender or suspect, including the risk of repeated violence, in particular, take into account the personal characteristics of the victim, the type or nature of the crime and the circumstances of the crime and shall be adapted according to the severity of the crime and the degree of apparent harm suffered by the victim, particularly in cases where the victim has suffered considerable harm due to the severity of the crime. The individual assessment shall focus on the risk emanating from the offender or suspect, including the risk of repeated violence, the likelihood of the victim returning to the offender or alleged offender, the degree of control exercised over the victim, the risk of bodily harm, the use of weapons, the offender or suspect living with the victim, an offender or suspect’s drug or alcohol misuse, child abuse, mental health issues or behaviour of stalking, the risk for children or any other indirect victims o dependants, the risk for victims with disabilities, the administrative and economic situation of the victim.
Amendment 1068 #
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 such as those referred to in Article 35(1) 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 avoidpreventing secondary or repeated victimisation.
Amendment 1071 #
Proposal for a directive
Article 18 – paragraph 5 – point a a (new)
Article 18 – paragraph 5 – point a a (new)
(aa) measures to protect children by providing limitations on the parental responsibility of the parent who is or is alleged to be a perpetrator of violence;
Amendment 1072 #
Proposal for a directive
Article 18 – paragraph 5 – point b
Article 18 – paragraph 5 – point b
(b) the granting of emergency barring and restraining or protection orders and the use of arrest and detention pursuant to Article 21 of this Directive;
Amendment 1081 #
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The individual assessment shall be undertaken by adequately trained professionals in collaboration with all relevant competent authorities depending on the stage of the proceedings, and relevant support services, such asincluding specialised victims protection centres and women’s and children’s support services, shelters, social services and healthcare professionals.
Amendment 1086 #
Proposal for a directive
Article 18 – paragraph 7
Article 18 – paragraph 7
7. Competent authorities shall update the individual assessment at regular intervals, including during important junctures in the case and where there are alterations of parental arrangements to ensure the protection measures relate to the victim’s current situation. This shall include an assessment of whether protection measures, in particular under Article 21, need to be adapted or taken.
Amendment 1089 #
Proposal for a directive
Article 18 – paragraph 8
Article 18 – paragraph 8
8. Victims’ dependants and indirect victims shall be presumed to have specific protection needs without undergoing the assessment referred to in paragraphs 1 to 6.
Amendment 1101 #
Proposal for a directive
Article 20 – paragraph -1 (new)
Article 20 – paragraph -1 (new)
-1. Member States shall ensure that a national referral mechanism is established to ensure that all victims of offences covered by this Directive are put in direct contact with appropriate support services without delay following their first contact with a competent authority, unless the victim specifically objects to it, and in accordance with national data protection laws.
Amendment 1105 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. In addition to any referral, if the assessments referred to in Articles 18 and 19 have identified specific support, medical or protection needs or if the victim requests support, Member States shall ensure that specialist support services contact victims to offer support with due regard to their safety.
Amendment 1113 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The competent authorities shall respond to requests for protection and support, including medical care for the clinical management of rape, in a timely and coordinated manner.
Amendment 1117 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Where needed, they shall be able to refer child victims, including witnesses, to support services without the prior consent of the holder of parental responsibility. The need for support services for non-abusive holders of parental responsibility shall be assessed in parallel.
Amendment 1121 #
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
5. Support services shall store personal data for as long as necessary for the provision of support services, and in any event for no longer than 12 months after the last contact between the support service and the victim.
Amendment 1124 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall ensure that, in situations of immediate danger for the victim’s or their dependant’s health or safety, and without undue financial or administrative burdens placed on the victim, the competent authorities issue orders addressed at an offender or suspect of violence covered by this Directive to vacate the residence of the victim or their dependants for a sufficient period of time and, to prohibit the offender or suspect from entering or coming closer than a prescribed distance from the residence or to enter the victim’s workplace or, contacting the victim or their dependants in any way. Such orders shall have immediate effect and not be dependent on a victim reporting the criminal offence. or immediate family in any way and to remove weapons and other dangerous objects as well as arrest and detention in cases of immediate danger . Such orders shall have immediate effect and not be dependent on a victim reporting the criminal offence. Member states shall consider the use of electronic monitoring or any other supervision measures to ensure the enforcement of such orders.
Amendment 1128 #
Proposal for a directive
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. Member States shall ensure that emergency barring, restraining and protection orders are not used as a substitute for arrest and detention where there is a risk of repeated and severe violence.
Amendment 1157 #
Member States shall issue gender-sensitive guidelines for the competent authorities acting in criminal proceedings, including prosecutorial and judicial guidelines, concerning cases of violence against women or domestic violence. Those guidelines, which shall be tailored to the competences of each authority, shall include guidance on:
Amendment 1163 #
Proposal for a directive
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) how to conduct the individual assessment under Articles 18 and 19 and when to updated;
Amendment 1168 #
Proposal for a directive
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) the gender-understanding of this violence and how to treat victims in a trauma-, gender- and child-sensitive manner;
Amendment 1178 #
Proposal for a directive
Article 23 – paragraph 1 – point f
Article 23 – paragraph 1 – point f
(f) how to identify and avoid gender stereotypes and bias leading to gender- based violence against women ensuring inadequate response;
Amendment 1182 #
Proposal for a directive
Article 23 – paragraph 1 – point g
Article 23 – paragraph 1 – point g
(g) how to refer victims to specialised support services, including medical, to ensure the appropriate treatment of victims and their children and handling of cases of violence against women or domestic violence.
Amendment 1193 #
Proposal for a directive
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
The guidelines shall be elaborated and reviewed in close cooperation with the specialist services and shall be updated when necessary.
Amendment 1196 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – introductory part
Article 24 – paragraph 1 – subparagraph 1 – introductory part
Member States shall designate and make the necessary arrangement for a body or bodies to carry out, independently and with sufficient human and financial resources, the following tasks:
Amendment 1198 #
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point a
Article 24 – paragraph 1 – subparagraph 1 – point a
(a) providesupport specialised services in the provision of independent assistance and advice to victims of violence against women and domestic violence;
Amendment 1209 #
Proposal for a directive
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. The tasks covered under this Article may be taken on by the coordinating body referred to in Article 39.
Amendment 1242 #
Proposal for a directive
Article -27 (new)
Article -27 (new)
Amendment 1243 #
Proposal for a directive
Article 27 – paragraph -1 (new)
Article 27 – paragraph -1 (new)
-1. Member States shall ensure that support is available for victims of acts of violence covered by this Directive, through a combination of national generic victim support services and specialist support services, referred to in Article 9(3) of Directive 2012/29/EU, that work in coordination under a national support framework.
Amendment 1245 #
Proposal for a directive
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Member States shall ensure that specialist support services referred to in Article 9(3) of Directive 2012/29/EU are available for victims of acts of violence covered by this Directive. The specialist support servicesServices referred to in paragraph 1 shall provide:
Amendment 1252 #
Proposal for a directive
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) advice and, information and support on any relevant legimmediate and long-term legal, social or practical matters arising as a result of the crime, including on administrative procedures, access to housing, education, childcare, training and assistance to remain in or find employment; and physical and psychological medical care, with the assistance of cultural mediators where necessary;
Amendment 1261 #
Proposal for a directive
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
(b) referrals to medical forensic examinationcare, including to sexual and reproductive services such as rape crisis centres and sexual violence as well as referrals to forensic examinations and social services;
Amendment 1269 #
Proposal for a directive
Article 27 – paragraph 1 – point c a (new)
Article 27 – paragraph 1 – point c a (new)
(ca) support to victims of sexual exploitation and women in prostitution through the provision of exit programmes, including legal, social, physical and psychological care, housing and employment support.
Amendment 1285 #
Proposal for a directive
Article 27 – paragraph 3
Article 27 – paragraph 3
3. Member States shall ensure sufficient human and financial resources to provide the services referred to in paragraph 1, especially those referred to in point (c) of that paragraph, including where such services are provided by non- governmental organisations.
Amendment 1288 #
4. Member States shall provide the protection, medical and specialist support services necessary to comprehensively address the multiple needs of victims at the same premises, or have such services coordinated through a central contact point, or through one-stop online access to such services with clear referral protocols and taking the necessary measures to avoid any discrimination in the access, particularly regarding technological and geographical barriers. Such combined offering of services shall include at least first hand medical care and social services, psychosocial support, legal advice and aid, and police services.
Amendment 1295 #
Proposal for a directive
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Member States shall issue guidelines and protocols for healthcare and, social service and child protection professionals on identifying and providing appropriate support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant medical and support services and communicating with victims. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex and other grounds ofintersectional discrimination.
Amendment 1299 #
Proposal for a directive
Article 27 – paragraph 6
Article 27 – paragraph 6
6. Member States shall ensure that specialist support services referred to in paragraph 1 remain fully operational for victims of violence against women and domestic violence in times of crisis, such as health crises or other states of emergency.
Amendment 1303 #
Proposal for a directive
Article 27 – paragraph 7
Article 27 – paragraph 7
7. Member States shall ensure that specialist support services are available to victims before, during and for an appropriate time after criminal proceedingsreferred to in paragraph 1 are available to victims immediately after the violence takes place and until the recovery of the victim.
Amendment 1315 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
Amendment 1319 #
Proposal for a directive
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
Amendment 1325 #
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Member States shall ensure a sufficient geographical distribution and capacity of these services across the Member State, paying particular attention to making services accessible to women in rural and remote areas in a safe and confidential manner.
Amendment 1329 #
Proposal for a directive
Article 28 a (new)
Article 28 a (new)
Article 28a Specialist support for victims of sexual exploitation and women in prostitution 1. Member States shall ensure that victims of sexual exploitation and women in prostitution are provided with effective and appropriate support, including physical and psychological recovery, legal advice and aid, exit programmes, socio- economic integration and access to healthcare services such as sexual and reproductive healthcare, emergency contraception, and screening and post- exposure prophylaxis for sexually transmitted infections. 2. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of sexual exploitation and women in prostitution referred to in paragraph 1 of this Article.
Amendment 1339 #
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Article 29a Specialist support for victims of intersex genital mutilation 1. Member States shall ensure that victims of intersex genital mutilation are provided with effective support, including gynaecological, psycho-social, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been committed and for as long as necessary thereafter. This shall also include access to treatment and medications needed as a consequence of intersex genital mutilation. 2. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of intersex genital mutilation referred to in paragraph 1 of this Article.
Amendment 1362 #
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Member States shall set up state- wide round-the-clock (24/7) telephone helplines, free of charge, to provide advicinformation, legal advice and psychosocial care for victims of violence against women and domestic violence. AdviceIt shall be provided confidentially or with due regard for their anonymity by trained professionals . Member States shall also ensure the provision of such service also through other information and communication technologies, including online applications.
Amendment 1364 #
Proposal for a directive
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1a. Member States shall ensure that victims, relatives and professionals are adequately informed of the existence and use of such national specialised helplines, including through regular awareness campaigns.
Amendment 1367 #
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Member States shall take appropriate measures to ensure the accessibility of services referred to in paragraph 1 for end-users with disabilities, including providing support in easy to understand language. Those services shall be accessible in line with the accessibility requirements for electronic communications services set in Annex I to Directive 2019/882/EU of the European Parliament and of the Council52 . Member States shall also ensure the provision of those services in a language that end- users can understand, including through telephone interpreting. _________________ 52 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services, OJ L 151, 7.6.2019, p. 70–115.
Amendment 1370 #
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
4. [Member States shall ensure that the service under paragraph 1 for victims of violence against women is operated under the harmonised number at EU level “116 016” and that the end-users are adequately informed of the existence and use of such number.]introduce the harmonised number at EU level “116 016” that will operate in cooperation with national helplines providing the services under paragraph 1 and shall ensure that the end-users are adequately informed of the existence and use of such number. This European number will allow to transfer the call to the national helplines. It shall also be provided confidentially or with due regard to anonymity and by trained professionals.
Amendment 1374 #
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall address the specific needs of women victims of domestic violence and sexual violence, sexual exploitation and sexual violence and women in prostitution. They shall assist them and their children in their recovery, providing safe, adequate, easily accessible and appropriate living conditions with a view on a return to independent living. Member States shall reach out pro-actively to victims.
Amendment 1395 #
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 holders of parental responsibility who are offenders or suspect.
Amendment 1403 #
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 a non- violent parent non- violent parent and, when not possible, with other family members in permanent or temporary housing, equipped with support services. Placement in shelters shall be a last resort.
Amendment 1410 #
Proposal for a directive
Article 34 – paragraph -1 (new)
Article 34 – paragraph -1 (new)
-1 Member States shall ensure that incidents of violence covered under this Directive are taken into account when assessing the risks for the safety of children, particularly with regards to the holder of parental responsibilities who is an offender or suspect of violence against women or domestic violence, and that the views of the children are taken into consideration in accordance with their age and maturity.
Amendment 1417 #
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall establish and maintain safe places which allow a safe contact between a child and a holder of parental responsibilities who is an offender or suspect of violence against women or domestic violence, to the extent that, not being contrary to the interests of the child, the latter has rights of access. Member States shall ensure supervision by trained professionals, as appropriate, and in the best interests of the child.
Amendment 1430 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violence experiencing intersecting forms of discrimination, 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 at risk of poverty, women with a minority racial or ethnic background, women sex workers, women detainees, or older womvictims of so-called "honour crimes", women in prostitution, women detainees, older women, LBTIQ+ women, other LGBTIQ people subject to domestic violence and children.
Amendment 1437 #
Proposal for a directive
Article 35 – paragraph 2
Article 35 – paragraph 2
2. The support services under Articles 27 to 32 shall have sufficient capacities to accommodate victims with disabilities, taking into consideration their specific needs, including personal assistance as well as specialized intercultural mediation services taking into account the language and cultural background of the victims.
Amendment 1444 #
Proposal for a directive
Article 35 – paragraph 4
Article 35 – paragraph 4
4. Member States shall ensure that persons can report occurrences of violence against women or domestic violence incan be reported by victims living in institutions, such as prisons, residential and mental health centres, reception and detention centres, to the relevant staff and that protocols are in place to adequately and swiftly address such reports in accordance with the requirements in Article 18, 19 and 20.
Amendment 1451 #
Proposal for a directive
Chapter 5 – title
Chapter 5 – title
5 PREVENTION AND EARLY INTERVENTION
Amendment 1459 #
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Preventive measures shall include awareness-raising campaigns, research and education programmes, including age- appropriate and comprehensive sexuality education and socio-emotional competencies, empathy and healthy and respectful relationships, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholders.
Amendment 1470 #
Proposal for a directive
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Member States shall makeensure that information on preventive measures, and on the rights of victims, access to justice and to a lawyerlegal advice and aid, and the available protection and support measures availablend services are available to the victims and to the general public.
Amendment 1474 #
Proposal for a directive
Article 36 – paragraph 4
Article 36 – paragraph 4
4. Targeted action shall be addressed to groups at risk, including childrenolder women, women at risk of poverty, women in rural areas and migrant women, taking into consideration higher risk of isolation and difficulties to access information, children and young people, according to their gender, age and maturity, and persons with disabilities, taking into consideration language barriers and different levels of literacy and abilities. Information for children shall be formulated in a child- friendly way.
Amendment 1481 #
Proposal for a directive
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Preventive measures shall in particular aim at challenging harmful gender stereotypes, capacitating society with the knowledge to understand consent and identify and address instances of violence, promoting equality between women and men, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.
Amendment 1488 #
Proposal for a directive
Article 36 – paragraph 5 a (new)
Article 36 – paragraph 5 a (new)
5a. Member States shall take appropriate measures, such as information, awareness-raising education and training, to discourage and reduce the demand that fosters all forms of sexual exploitation.
Amendment 1491 #
Proposal for a directive
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female genital mutilation, intersex mutilation and other harmful practices.
Amendment 1509 #
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, forensic medical personnel, court staff, judges and prosecutors, lawyers, providers of victim support and restorative justice services, healthcare professionals, social services, professionals working with women in institutions, such as residential care homes, asylum centres and prisons, labour inspectors, educational and other relevant staff, receive both general and specialist training and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of violence against women or domestic violence and to treat victims in a trauma-, gender- and child- sensitive manner. This training shall be free, including the support material, and shall take place during working hours.
Amendment 1521 #
Proposal for a directive
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Relevant health professionals, including paediatricians and midwives, shall receive targeted training to identify and address, in a cultural-sensitive manner, the physical, psychological and sexual consequences of female genital mutilation, intersex genital mutilation and other harmful practices.
Amendment 1536 #
Proposal for a directive
Article 37 – paragraph 5
Article 37 – paragraph 5
5. Without affecting media freedom and pluralism, Member States shall encourage and support the setting up of media training activities by media professionals’ organisations, media self- regulatory bodies and industry representatives or other relevant independent organisations, to combat stereotypical portrayals of women and men, sexist images of women, and victim- blaming in the media, aimed at reducing the risk of all forms of violence against women or domestic violence.
Amendment 1544 #
Proposal for a directive
Article 37 – paragraph 7
Article 37 – paragraph 7
7. Training activities referred to in paragraphs 1 and 2 shall be regular and mandatory, including on cyber violence, and built on the specificities of violence against women and domestic violence. Such training activities shall include training on how to identify and addressavoid re-victimisation and secondary victimisation and on how to address both gender stereotypes and bias and the specific protection and support needs of victims who face a heightened risk of violence due to their experiencing discrimination based on a combination of sex and other groundsintersecting forms of discrimination. The training shall be provided by qualified trainers adhering to stringent quality standards in terms of training duration, frequency, methods and outcomes in line with the objectives of this directive.
Amendment 1552 #
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Member States shall take the necessary measures to ensure that targeted and effective intervention programmes are established to prevent and minimise the risk of committing offences of violence against women orand domestic violence, or reoffending, and to ensure the safety and rights of victims in close collaboration with specialised support services. These programmes shall incorporate a gendered approach, tackle stereotypes, address non- violent behaviour in interpersonal relationships with a view to changing violent behavioural patterns and take into consideration the digital manifestations of violence against women.
Amendment 1565 #
Proposal for a directive
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Member States shall designate or establish an official body responsible for coordinating, implementing, monitoring and evaluating policies and measures to prevent and combat all forms of violence covered under this Directive. This shall be done in coordination with the central, regional and local levels.
Amendment 1567 #
Proposal for a directive
Article 39 – paragraph 3
Article 39 – paragraph 3
3. That body shall coordinate the collection of data referred to in Article 44, and analyse and disseminate its results and make recommendations and proposals to improve indicators and information and data collection systems.
Amendment 1568 #
Proposal for a directive
Article 39 – paragraph 4
Article 39 – paragraph 4
Amendment 1571 #
Proposal for a directive
Article 39 – paragraph 4 a (new)
Article 39 – paragraph 4 a (new)
4a. It shall analyse and monitor complaints and suggestions on the institutional response and to propose recommendations.
Amendment 1579 #
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Member States shall cooperate with and consult civil society organisations, including non-governmental organisations working with victims of violence against women or domestic, domestic violence, or specialised non-governmental organisations working with vulnerable women and victims at a heightened risk of violence, in particular in providing support to victims, concerning policymaking initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.
Amendment 1582 #
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Member States shall, in the framework of permanent structures, cooperate with and consult civil society organisations, including non-governmental organisations working with victims of violence against women or domestic violence, and social partners, in particular in providing support to victims, concerning policymaking initiatives, information and awareness- raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.
Amendment 1589 #
Proposal for a directive
Article 42 – paragraph 1
Article 42 – paragraph 1
Member States shall facilitate the taking of self-regulatory measures by providers of intermediary services in connection to this Directive, in particular to reinforce internal mechanisms to tackle the online material referred to in Article 25(1) and to improve the training of their employees concerned on preventing, protecting, assisting and supporting the victims of the offences referred to therein.
Amendment 1599 #
Proposal for a directive
Article 43 – paragraph 1 a (new)
Article 43 – paragraph 1 a (new)
In order to contribute to a coordinated and consolidated Union strategy to address violence against women, Member States shall facilitate the tasks of a coordinator on violence against women (CVAW). In particular, Member States shall transmit to the CVAW the information referred to in Article 44, on the basis of which the CVAW shall contribute to reporting carried out by the Commission every two years on the progress made in the fight against violence against women.
Amendment 1601 #
Proposal for a directive
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Member States shall have a system in place for the collection, developmentanalysis, production and dissemination of statistics and research on violence against women orand domestic violence, including the forms of violence referred to in Articles 5 to 10.
Amendment 1604 #
Proposal for a directive
Article 44 – paragraph 1 a (new)
Article 44 – paragraph 1 a (new)
1a. Non-governmental organizations working on preventing and tackling violence against women and domestic violence and general and specialist support services shall be consulted.
Amendment 1608 #
Proposal for a directive
Article 44 – paragraph 2 – introductory part
Article 44 – paragraph 2 – introductory part
2. The statistics shall include the following data disaggregated by sex, age of the victim and of the offender, relationship between the victim and the offender and type of offence as well as in relation to intersecting forms of discrimination and other relevant sociodemographic characteristics:
Amendment 1619 #
Proposal for a directive
Article 44 – paragraph 2 – point b
Article 44 – paragraph 2 – point b
(b) the annual number of such victims, of reported offences, of orders issued and measures granted, of persons prosecuted for and, convicted and acquitted of such forms of violence, obtained from national administrative sourcesf penalties and/or measures imposed, of dismissal and withdrawal of complaints, of incidents reported to helplines or health and social services, of electronic monitoring obtained from national administrative sources and the length of the procedures as well as compensations and other forms of reparation.
Amendment 1627 #
Proposal for a directive
Article 44 – paragraph 2 – point b a (new)
Article 44 – paragraph 2 – point b a (new)
(ba) femicides and attempted femicides as well as murders and attempted murders of their children or other dependants.
Amendment 1644 #
Proposal for a directive
Article 44 – paragraph 7
Article 44 – paragraph 7
7. The Member States shall support research on root causes, effects, incidences and conviction rates of the forms of violence covered by this Directiveas well as on intersectional discrimination regarding the forms of violence covered by this Directive. The analysis of the data should enable the identification of failures in protection and serve to improve and further develop preventive measures.